The Geographical Indication Act 2013: Protection of Traditional Knowledge in Bangladesh with Special Reference to Jamdani

Abstract

Geographical indications (GIs) refer to signs or symbols that are used to denote a product, the distinctive characteristics of which are linked to its place of origin. GIs are different from other intellectual property rights because of their unique characteristics, namely, the fact that they can be collectively owned by a group of producers. Additionally, GIs have a connection to the territory from which the products originate, both in terms of geographical origin as well as quality and characteristics of the products. 1 The inclusion of GIs in the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) 2 was controversial precisely due to the differences between "old world" and "new world" countries, with respect to some of the theories supporting GI protection. After a long debate, GI protection was nevertheless introduced into TRIPS, and subsequently had to be protected in most countries worldwide. 3 Nevertheless, although TRIPS requires for the protection of GIs, it does not provide for the specific mechanism that members of TRIPS should adopt to protect GIs under their national laws. 4 Consequently, individual countries

Revisiting the Geograpidcal Indication Regime in Bangladesh: Trips Compatibility and Prospective Challenges

“…However, the issue of the protection of traditional and cultural IPs has long been either ignored or not precisely grasped by policy makers of the country. In 2012 when India, a neighboring country, registered a few location-based indigenous foodstuffs and handicrafts which bear the flag of the Bangladeshi national identity, the apprehension of misappropriation led the government to give attention to this economically significant area for the country (Karim, 2018).In light of this, around 73 domestic products were marked out from foodstuffs, handicrafts to weaving patterns as having the criteria annexed to the locality of their origin (Zahur, 2017). Apart from this reason, it is the empirical rationale that Bangladesh, being a signatory of TRIPS, has to comply with the minimum standard entailed by the TRIPS Agreement.…”

“…With regards to registration of GIs under the present Act, registration is compulsory as a precondition for entitlement and this can only be sanctioned in favor of any association, government body or co-operative society that represents the interest of persons producing GI goods, but not to any individual (Karim, 2018). However, unregistered GIs are also entitled to protection under the GI Act in as long as the indication is authentic in respect of its place of origin (Zahur, 2017). While the initial registration is for a term of five years, it may subsequently be renewed for a further period of three years under Section 16 of the Act.…”

“…This Article ascribes the obligation on member countries to adopt a legal mechanism for preventing practices that are considered to be misleading to customers and constitute unfair competition (Davies, 1998). In addition, such provision would essentially provide a right to legitimate producers to restrain the misappropriation of their GI products (Zahur, 2017). In responding to this obligation, Section 28 of the Bangladeshi GI Act replicates exactly the same provisions as 10bis of the Paris Convention to prevent public confusion and unfair competition.…”

“…There may be another pressing challenge for Bangladesh regarding the protection scheme for GI goods, such as wines, spirits, etc. The GI Act provides protection for such goods but with a wider scope (Zahur, 2017). However, the developing nations are not generally wine producers and they have colossal potential to exploit and trade in other GI products, particularly agricultural goods and handicrafts (Ali, 2011).…”

TRIPS compatibility of Bangladeshi legal regime on geographical indications and its ramifications: A comparative review

“…It would be a challenge for Bangladesh to maintain a substantial administrative and other ancillary costs. Unless GI products are proven to be economically viable, overall protection system may ultimately turn into futile one (Zahuar, , p. 447). Quality controlling and proper monitoring are another aspects of challenges that Bangladesh will face.…”