“When you look at European and American countries, they have Geographical Indication only for agricultural produce, wines and spirits. GI for handicrafts and handloom is well-established and in large numbers only in India,” begins P Sanjai Gandhi, a Chennai-based IP Attorney who has helped obtain the GI tag for 18 unique items from Tamil Nadu.
A Geographical Indication (GI) tag is a sign that is used to link a particular item with its geographical place of origin and is mainly used as a certification for its quality. The GI Laws protect an item from being duplicated in any way elsewhere.
A native of Thanjavur, Sanjai moved to Madras in 1993 to pursue law at the Madras Government College. As a member of the World Trade Organisation (WTO), India enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 which came into force with effect from September 2003. The very first item to receive the GI tag from the country was the Darjeeling Tea in 2004.
This inspired Sanjai to file for GI for products from TN, and he chose Kancheepuram Silk for starters. However, the very first item to obtain the GI tag from the state was the Salem yarn-dyed fabric, for which the members of the Salem Exporters Association (SEA) in 2004 had applied.
GI in India is granted for products under three broad categories - Handicrafts, Agricultural and Manufactured.
Kancheepuram Silk, applied for by Sanjai, became the second item to receive the GI tag from the state. He has registered a total of 21 cooperative societies and 10 individuals under the Kancheepuram GI tag, thus helping them become authentic manufacturers of the famed Kancheepuram silk sarees.
“All of them value the certificate equal to their venerated art form. The GI tag helps them export their products, vouching for its authenticity and quality,” he adds.
Of the 30 products registered from Tamil Nadu, Sanjai is responsible for 18 of them, including Bhavani Jamakkalam, Madurai Sungudi, Thanjavur Paintings, Salem Venpattu, Kovai Kora Cotton Sarees, Arani Silk, Eathomozhy Tall Coconut, Thanjavur Doll, Pattamadai Pai, Nachiarkoil Kuthuvilakku, Toda Embroidery, Thanjavur Veenai, Mahabalipuram Stone Sculpture and Thirubuvanam Silk Sarees, in addition to 'Authorised User' for Thanjavur Art Plate, Swamimalai Bronze Icons and Temple Jewellery of Nagercoil. He has also registered and received the GI mark for the Tangalia Shawl from Gujarat. While Registerred Proprietor GI is given for societies, 'Authorised User' GI tag is specifically used by individuals.
Others from the state to obtain Geographical Indication include Coimbatore Wet Grinder, East India Leather, Nilgiris (Orthodox), Virupakshi Hill Banana, Sirumalai Hill Banana, Madurai Malli, Chettinad Kottan, Erode Manjal.
Sanjai was honoured with the National IP Award in 2018 under ‘Top Individual for Best facilitation of Registration of GI and Promotion of registered GI in India’ category. He attributes his interest and dedication to the training programme for which he was selected to participate in 2007.
National IP Award in 2018
“The Japan Patent Office selected two IP attorneys from India, myself included, in 2007, for a 70-day training programme in Tokyo. By that time, I had applied for and obtained GI for Kancheepuram Silk. The training programme helped me further and soon after, I have been rigorously working in this field,” he shares.
In 2011 he founded the Intellectual Property Attorney Association Body, and in 2015 he established the Sulakshana Panneer Selvam Intellectual Property Rights for Agriculture & Rural Development Centre. Sanjai has also authored a book titled Arts and Crafts of India: Registered GI Products mainly to help foreigners understand GI registered art and craft items in the country. He presently works with a team of five junior IP attorneys from Chennai.
The process of filing for GI involves plenty of research and documentation. “First of all the product needs to be unique to the geographical location. If you look at the Eathomozhy Tall Coconut, it can only grow in that region, the Tamil Nadu Kerala border where the winds are moist and the earth is rich in nutrients. The sweetness in the tender coconut is something you’ll never find anywhere. The Coconut Research Station located in TN and Kerala helped me obtain documents for it,” he explains.
Sanjai further says that to obtain GI, manuscripts that prove its historical origin in addition to authenticated records from government research organisations to prove its uniqueness need to be submitted.
The Kancheepuram silk sarees find mention during the Pallava and Chola periods while the Madurai Sungudi can be traced to the Nayak dynasty.
“Sometimes it becomes very difficult to find such records. I’ve been trying hard to register Hosur rose under GI. Similarly, even if Tirunelveli halwa deserves GI, I’m unable to locate the very first makers. I have been researching about the Kumbakonam vethilai (betel leaf) for about a year now. Such challenges need to be overcome,” he adds.
Though GI takes time to be approved, its registration comes into effect from the time the application is sent. “For instance, I had applied for GI tag for Kancheepuram Silk in 2005 but it was approved only in 2010,” he says.
The GI tag is distinct from other forms of Intellectual Property Rights (IPR) as it ascribes exclusivity to the community in a defined geographical region rather than to an individual, as is case with trademarks and patents. Sanjai, however, tells us that he has helped individuals benefit from the tag as well. “For the Tanjavur Veenai, I helped the Tanjore Musical Instrument Society obtain it, thereby directly benefiting 21 individuals," he says.
The 42-year-old follower of Gandhian principles insists that GI tags help maintain high quality standards and that they will reduce duplicates or counterfeits. “It will also increase exports,” he adds.
Sanjai hopes that with more awareness programmes organised as part of the societies he has formed in the state, more people will come forward to obtain GI tags for their unique products. “Our country has a huge wealth of products that cannot be found or made anywhere else in the world. It is our responsibility to protect them as much as we can,” he tells us.
Sanjai is currently working on obtaining GI for seeraga samba rice, Salem mango, Nilgiris tea, Hosur rose and Kumbakonam betel leaf. “I'm also looking to obtain GI tag for Thoothukudi macaroon, Kovilpatti kadala mittai and Manaparai murukku,” he finishes.