Whose GI does the Tangail saree bear?

Recent discourse has surfaced on social media platforms concerning the eligibility of the Tangail saree for geographical indication (GI) protection and its claim to Indian origin.

A GI is an attribute, reputation or other designation assigned to a product that is inherently linked to its geographical origin within the jurisdiction of a World Trade Organisation (WTO) member state or a regional locality within that jurisdiction, according to the WTO TRIPS Agreement 1994.

The application of this type of geographical indication is customary for consumables, agricultural products, industrial goods, handicrafts, and wine and spirit beverages. The inquiry arises as to whether the Tangail saree is purported to meet the criteria for any of the aforementioned products. The Tangail saree is, indeed, a desirable handicraft.

Furthermore, to qualify a product for a geographical indication, its origin must be situated within the jurisdiction of a WTO member state's territory or a specifically designated region. The inquiry emerges as to whether the Tangail saree originates within the territory of a member state or in a particular region of that state. 

Moreover, for an item to meet the criteria for a product bearing a geographical indication, it must exhibit a distinct quality, reputation or other characteristics that are associated with its country of origin. An inquiry emerges regarding whether the quality, reputation or any other characteristic of the Tangail saree can be predominantly attributed to India. 

It has been presumed that the Tangail saree, which is distinguished by its vibrant hues, intricate Jamdani motifs and refined texture, represents the cultural heritage of the region of Tangail, Bangladesh.

The subsequent points will be discussed in response to the inquiry that was raised on social media concerning the presumed origin of the Tangail saree. 

Based on the information provided in India's GI registration records regarding the Tangail saree, it has been determined that the primary place of origin for this textile is in the Dhatrigram and Samudragarh villages of Bardhaman, which are now referred to as Purba Bardhaman district and the Fulia Township of Nadia district in West Bengal, India. 

Furthermore, in the Purba Bardhaman district, there are several newly developed areas such as Nabadwip, Krishnanagar I & II blocks, and Katwa, and certain regions of the Dakshin Dinajpur district, including Tapan Block and Gangarampur municipality, where the Tangail saree of Bengal is also manufactured. 

The Tangail saree's unique quality, reputation or characteristic is claimed to originate from these locations. However, such Tangail saree weavers migrated from Tangail, Bangladesh to these regions, where they continue to craft this traditional artistic creation.

Based on this claim put forth by emigrant weavers of West Bengal Tangail sarees originating from Tangail, Bangladesh – the product does not originate from India. To qualify the Tangail saree as a GI product, it must have its place of origin in Tangail, Bangladesh. Fundamentally, there must be a strong correlation between the geographical provenance of Tangail and the Tangail saree product. A combination of human intervention, natural occurrences, reputation or a combination of the three may establish this correlation.

Therefore, the Bangladeshi interested party may file a petition with the Indian GI registry and, if necessary, the Appellate Board, requesting that the registration of the Tangail saree be cancelled. 

If, after exhausting all feasible options, though not necessary, the stakeholder maintains the view that the dispute concerns a violation of trade regulations, Bangladesh, acting on behalf of the stakeholder, may contemplate utilising the WTO's dispute settlement body. 

Nevertheless, Bangladesh could encounter a challenge as it has yet to officially certify the Tangail saree as a GI product. The inability of Bangladesh, the nation of origin, to register the Tangail saree could potentially hinder Bangladesh's ability to initiate legal proceedings in the Indian courts regarding the cancellation, given that the independence of protection rule of intellectual property treaties offers an exemption to the initial registration requirement in the country of origin for GIs.

Dr Mohammad Towhidul Islam is a Professor at the Department of Law, University of Dhaka.

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.