In today's fast-paced industrial landscape, products labelled as "handmade" convey notions of luxury, authenticity, and uniqueness. This is especially evident in traditional Indian crafts, where creating a handmade sari can take anywhere from three days to six months, depending on the intricacy and technique. Processes like warping and hand-printing add additional days to the production timeline. For instance, the process of warping alone can take five to fifteen days, and hand-printing can range from three to thirty days, depending on the design's complexity. The time and skill required to produce these items contribute to their uniqueness and value. Historically, handcrafted designs served as community markers, unique to specific regions and villages, with an informal system of respect ensuring that each community's craftsmanship remained distinct.
Mastery of these artisanal skills takes years if not decades. Each piece is not unique but also a testament to centuries of preserved cultural heritage and traditional knowledge passed down through generations. However, the rise of “craftwashing”, and the misleading practice of marketing machine-made products as handmade threatens the integrity of these traditional crafts. Geographical Indications (GIs) are crucial in safeguarding these cultural treasures from exploitation and misrepresentation.
In recent years, the distinction between handmade and machine-made products has blurred significantly. Modern production techniques can now replicate traditional designs on a mass scale, leading to the misleading practice known as "craftwashing". This deceptive strategy involves brands and retailers falsely marketing products as handmade or artisanal to capitalise on the growing demand for authentic craftsmanship. Major marketplaces, e-commerce platforms, high-end designers, and mid-range brands often label machine-made items with terms like "handmade" and “artisanal."
Craftwashing is deeply problematic as it deceives consumers who seek genuine authenticity and wish to support small businesses. By misrepresenting mass-produced goods as artisanal or locally crafted, companies not only exploit consumer preferences but also diminish the market opportunities for true small-scale producers. This undermines the value of craftsmanship and artisanal traditions, potentially distorting market dynamics. Addressing craftwashing is essential to maintain consumer trust, uphold ethical standards in marketing, and safeguard the livelihoods and cultural heritage of genuine artisans.
The Role of Geographical Indications in protecting authenticity and ensuring economic sustainability
The Geographical Indications of Goods (Registration and Protection) Act, 1999, in India, provides a legal framework to safeguard traditional crafts from misuse. Geographical Indication (GI) systems are integral to intellectual property. GI is a marker that identifies a product as originating from a specific region or territory where the product's quality, reputation, or other characteristics are essentially attributable to its place of origin. These products are unique due to their origin in specific regions, which includes the soil, climate, skill, and expertise of the artisans who produce them and processes unique to the region, which adds to the uniqueness of the product. Geographic territories can give unique qualities to products that are highly valued by customers. These qualities may not be found in similar products from other regions. To identify the source of such products and distinguish them from those of other producers, the Geographical Indication (GI) is used. For customers, the GI ensures that they get the specific quality, feature, or characteristic they are looking for.
GIs help maintain the authenticity of traditional crafts by legally ensuring that only products genuinely originating from a specific region can use the associated name. For instance, Sujini embroidery from Bihar, is a GI-protected craft. This legal protection prevents other producers from falsely claiming their products as Sujini embroidery, thereby safeguarding the reputation and quality of the original craft. This ensures that consumers receive genuine products, preserving the cultural significance and integrity of traditional crafts. Darjeeling Tea was the first to receive the status of Geographical Indications in India on 1 July 2004, followed by Chanderi Sarees, Pochampally Ikkat, and Aranmula Kannadi.
The protection of traditional crafts through Geographical Indications (GIs) offers significant economic benefits to artisans and their communities. By obtaining GI protection, artisans can secure higher prices for their authentic products, thereby ensuring a sustainable livelihood. This also guarantees consumers of the authenticity and quality of the products, justifying the higher prices. As a result, artisans are encouraged to continue their traditional practices, thus ensuring the sustainability of their crafts and communities.
Kashmir Saffron serves as an example, as its market value increased from Rs 180/gram to Rs 227/gram while production rose from 16.54 to 24.45 metric tonnes per hectare after receiving its GI tag in 2020. Similarly, the Pochampally saree industry experienced positive economic impacts following the acquisition of GI registration. The unique fabric made of silk, cotton, or a combination of both, woven in the district of Nalgonda and Warangal in Andhra Pradesh by around 5000 weavers working on an estimated 2000 traditional pit looms, faced a decline in the 1990s due to low productivity and poor marketing efforts. However, after obtaining GI registration for Pochampally Ikkat, the fabric gained significant publicity, leading to a 15-20% increase in demand for these sarees and a 20% rise in weavers' wages, thus demonstrating the substantial economic benefits of GI protection for traditional crafts and communities.
Combating Craftwashing
Craftwashing undermines the efforts of genuine artisans by flooding the market with cheaper, machine-made imitations. GIs provide a legal mechanism to combat this practice. Brands and retailers can be held accountable for misrepresentation, ensuring that consumers are not misled. Such enforcement deters brands from misleading consumers and encourages them to respect the cultural significance of traditional crafts.
Craftwashing has broader implications that go beyond economic and cultural concerns. It affects the ethical and environmental aspects of production. Brands that misrepresent machine-made products as handmade not only deceive consumers but also contribute to unsustainable production practices. Authentic handmade crafts are often produced using eco-friendly methods, whereas mass production typically involves environmentally harmful processes. By supporting genuine handmade products, consumers can make more sustainable choices, promoting environmental conservation alongside cultural preservation.
To effectively combat craftwashing and protect traditional crafts, a multifaceted approach involving legal frameworks, education, and consumer awareness is essential.
Ensuring Fair Compensation and Attribution:
Ensuring fair compensation and proper attribution for traditional artisans is essential in safeguarding their cultural heritage and livelihoods. Granting joint ownership of intellectual property rights to artisan communities can ensure that they benefit from the commercial use of their traditional designs. This joint ownership can provide artisans with a share of the profits, recognising their contributions and fostering a sense of ownership and pride in their work.
Furthermore, establishing regulations for fair and equitable monetary compensation and royalties is crucial. These regulations would ensure that artisans receive adequate financial rewards for their labour and creativity. Such measures would prevent exploitation and help maintain the economic viability of traditional crafts. For instance, controversies like the one involving Sabyasachi Mukherjee highlight the need for these protections. Sabyasachi, a renowned designer, faced backlash for commercialising traditional Indian designs without adequately compensating the artisans behind them. Similarly, Fabindia, a popular Indian retail brand, was criticised for misrepresenting Ajrakh and Bidriware crafts. These incidents underscore the importance of fair compensation and attribution in protecting artisans' rights and preserving their heritage.
Additionally, mandatory attribution and credit regulations can promote the recognition of traditional knowledge holders and their cultural heritage. By ensuring that artisans receive proper credit for their work, these regulations can help elevate the status of traditional crafts and raise awareness about their cultural significance. Establishing community benefit funds is another important measure. These funds can ensure that the benefits of using traditional knowledge are distributed equitably among the relevant communities, supporting their development and sustainability.
Together, these strategies can create a more equitable and respectful relationship between the fashion industry and traditional artisans, ensuring that the latter are fairly compensated and acknowledged for their invaluable contributions to cultural heritage.
“अतुल्यभारतकीअमूल्यनिधि”: GI Tag for Promoting Authentic Geographical Indication (GI) Products in India
The verification of Geographical Indication (GI) products is crucial in ensuring the authenticity of goods, yet it is constantly challenged by counterfeit operations. The replication of GI products undermines the integrity of genuine items, posing a significant obstacle. The rise of E-commerce platforms further complicates the regulation of GI goods distribution. Limited consumer awareness about the significance of GI certification makes it arduous for them to differentiate between authentic and counterfeit GI products. To address this issue, the Government of India has implemented several measures to promote and market GI products. This includes the introduction of a logo and tagline “अतुल्यभारतकीअमूल्यनिधि” (Invaluable Treasures of Incredible India) in 2018. The GI logo acts as a certifying mark, aiding consumers in recognising authentic GI products, while the tagline encapsulates the essence of Geographical Indications of India. The DPIIT holds the rights to the GI logo and tagline, permitting their usage for Indian GI products registered in India or abroad. Conversely, foreign GI products, regardless of their registration status in India, are prohibited from utilising the logo and tagline. The DPIIT also reserves the prerogative to withdraw permission for their use and alter their design and layout. Entities that are registered proprietors or authorised users of Indian products under the Geographical Indications of Goods (Registration and Protection) Act, 1999 may use the GI logo and tagline for branding. The DPIIT is not liable for any claims resulting from unauthorised use or violations of the GI Logo and Tagline, and it retains the authority to take necessary action in response to unauthorised use. The duration of usage of the logo and tagline will be determined on a case-to-case basis, with no fee charged for their usage.
Consumer Awareness and Education
Enhancing consumer awareness and education is vital for addressing the challenges of craftwashing and promoting the authenticity of traditional crafts. Educating consumers about the cultural significance of traditional crafts, their heritage, and the intricate processes involved is essential. Workshops, exhibitions, and online resources can play a crucial role in highlighting artisan’s stories and craftsmanship, fostering a deeper appreciation for handmade products.
Transparency in labelling is also crucial. Clear and accurate information about whether a product is handmade, hand-printed, or machine-made helps consumers distinguish between genuine artisanal products and mass-produced imitations. This transparency empowers consumers to make informed choices aligned with their values, supporting authentic craftsmanship and ethical sourcing practices.
Educating consumers about cultural appropriation in the fashion industry raises awareness about the misuse of traditional designs and motifs without proper acknowledgement or respect for their origins. Recognising the difference between cultural appreciation and appropriation empowers consumers to advocate for collaborations that respect and benefit artisans and their communities.
Utilising social media platforms and engaging influencers can amplify the message of ethical consumption and authentic craftsmanship, fostering meaningful dialogue and encouraging consumers to support genuine craftsmanship and cultural heritage preservation efforts. Through these strategies, we can create a marketplace where traditional crafts are valued, respected, and sustained for future generations.
Conclusion
Geographical Indications play a crucial role in combating craftwashing by establishing a strong legal framework to safeguard the authenticity and integrity of traditional craft. However, with ever-expanding e-commerce, there's a need for a robust system that verifies the authenticity of products sold online, ensuring they are genuinely crafted by artisans and not mere imitations. Another significant challenge is ensuring that artisans receive equitable compensation for each product sold by retailers. How can we guarantee that artisans are fairly remunerated for their craftsmanship and that they receive a rightful share of the proceeds from sales? Developing comprehensive mechanisms and ethical standards is crucial to upholding artisans' rights and livelihoods in the global marketplace. This includes addressing the challenge of fair remuneration and securing their rightful share of proceeds from sales. These efforts are essential in maintaining the integrity and sustainability of traditional crafts.
IP Round-Up
Amazon's marketplace has become inundated with obscure brands like BUXKR and JOYOLDELF, largely due to a loophole in trademark registration. In its effort to expand beyond books, Amazon allowed third-party sellers to list products, creating a complex supply chain. To ensure product safety, Amazon introduced Brand Registry in 2015, requiring sellers to have registered trademarks. This move was intended to prevent unsafe products from reaching consumers, but it backfired. The US Patent and Trademark Office faced a deluge of trademark applications for meaningless names, overwhelming their ability to vet for quality and safety. Consequently, many substandard products slipped through, risking consumer safety and straining regulatory oversight. Despite efforts to curb this trend, the flood of poorly vetted products continues, highlighting the challenges in regulating e-commerce platforms effectively. (Source: YouTube)
During a recent virtual presentation, Sarah McMullen, the India Director of the US Food and Drug Administration (FDA), stressed the vital role of Indian generic medicines. She highlighted that in the US, nine out of ten prescriptions are for generics, underscoring their essential contribution to healthcare affordability. Despite their significance, Indian generic manufacturers face challenges in consistently delivering high-quality drugs at competitive prices. Since assuming office in February 2021, there has been a substantial increase in FDA inspections of Indian pharma facilities under McMullen's leadership. This reflects heightened scrutiny aimed at ensuring compliance with stringent manufacturing standards. Indian pharma companies have shifted their perspective on FDA audits, approaching them with greater preparedness and a proactive stance to addressing findings. A recent report by IQVIA underscored the economic significance of Indian generics, highlighting $98 billion in savings to the US healthcare system in 2022 alone and a total of $1.3 trillion between 2013 and 2022. McMullen's proactive engagement has fostered closer ties between US and Indian regulatory authorities, instilling greater confidence within the Indian pharmaceutical industry amidst evolving global health challenges. (Source: Economic Times)
Dilip Shanghvi, celebrated for pioneering speciality drugs with global sales exceeding a billion dollars, has now turned his focus to weight-loss medications, a sector currently captivating pharmaceutical giants worldwide. Brands like Novo Nordisk’s Ozempic and Eli Lilly’s Wegovy have reshaped industry dynamics, outstripping even major players like Pfizer and Merck with sales totaling billions annually.
Sun Pharma recently unveiled promising findings for its drug Utreglutide (GL0034), demonstrating significant weight loss and improved metabolic markers in obese adults over a four-week period. Utreglutide’s early results show promise, with efficacy comparable or superior to competitors like Wegovy and Zepbound. Notably, Novo Nordisk reported annual sales of USD 33.7 billion in 2023, primarily driven by anti-obesity and anti-diabetes drugs, with Ozempic alone generating USD 13.77 billion in sales.
Sun Pharma’s ongoing research aims to refine Utreglutide’s profile, aiming for a competitive edge in a crowded market expected to see at least 26 obesity products by 2030. As Shanghvi navigates the path forward, balancing innovation with clinical rigor, the pharmaceutical community awaits whether Utreglutide will emerge as a transformative treatment, potentially elevating Sun Pharma's global stature in healthcare innovation. (Source: Economic Times)
In a significant legal development, Tips Industries Limited and Xtelify Ltd. (formerly Wynk Ltd.) have settled their long-standing copyright dispute. The settlement was finalized on June 18, 2024, by Justice R.I. Chagla of the Bombay High Court. According to the Consent Terms dated June 17, 2024, Xtelify Ltd. agreed to pay INR 12 crore plus applicable taxes to Tips Industries, bringing an end to their disagreement over the use of Tips Industries' music repertoire from September 1, 2016, to September 10, 2020. This settlement further reaffirms the judicial interpretation of Section 31D of the Indian Copyright Act, clarifying its applicability to traditional broadcasting rather than non-linear digital streaming services like those provided by Xtelify. The settlement sets a precedent for future copyright negotiations in India's evolving digital media landscape, advocating for legislative clarity to accommodate digital streaming platforms while safeguarding the rights of content creators and copyright holders. (Source: Legal Era)
The United States Patent and Trademark Office (USPTO) is poised to increase trademark fees, eliminating the lower tier and standardizing application costs at $350 per class, up from the current $250 for preapproved identifications and $350 for custom applications. Additionally, a new $100 fee per class will be imposed for applications with insufficient information, highlighting the need for thorough and accurate submissions. USPTO also plans to enforce a character limit of 1,000 per class for custom identifications, with an extra $200 fee for each additional 1,000 characters. These changes aim to streamline the application process while encouraging the use of preapproved identifications to potentially mitigate costs for applicants. (Source: HS Blog)
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