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GI products & Bangladesh's economic diplomacy

Kawsar Uddin Mahmud | Thursday, 4 April 2024


Geographical Indication (GI) is a crucial component of intellectual property rights that plays a vital role in fostering economic development, safeguarding cultural legacy, and enhancing a nation's diplomatic influence. GI refers to the distinct features and attributes of a product that are closely tied to its specific place of origin. As per the World Trade Organisation, GIs refer to names of places (and in certain countries, words linked to places) that are utilised to establish the source, excellence, credibility, or other attributes of products. This includes aspects like climate, soil, traditional manufacturing techniques, and the expertise of artisans. By the way, the Geographical indications (GIs) date back to the Middle Ages, when European areas began to differentiate their wines and agricultural goods.
The concept that products acquire attributes and reputations from their sources was officially established in the Paris Convention of 1883. GIs are now esteemed and sought-after components in trade negotiations, with over 100 countries building their unique areas of expertise as brands that are recognised both worldwide and locally. However, with the world becoming more interconnected and products surpassing national boundaries and cultural norms, GI is a potent instrument for preserving the originality and character of regional goods. However, recognising the significance of GI for its goods, Bangladesh has achieved great gains. The country is rich in cultural variety and traditional craftsmanship. Nevertheless, the country's progress in this field has not been without its share of obstacles, including bureaucratic red tape, public ignorance, and even territorial disputes with nearby countries. However, steps have been taken by the governments and other interested parties to address these concerns and realise GI's full economic diplomacy potential.
BANGLADESH'S CURRENT STATUS WITH GI PRODUCTS: Bangladesh, being known for its vibrant cultural heritage and wide range of traditional crafts, has increasingly acknowledged the significance of GI for its products. According to Industries Ministry, as of February 2024, Bangladesh has secured GI status for 31 products, showcasing the nation's commitment to protecting its cultural heritage and promoting its unique offerings. Notable GI-certified products include the iconic Jamdani sari, Hilsa fish, Khirsapat mango, Rajshahi silk, and Dinajpur's Kataribhog rice. Three new products, namely Nakshi Kantha of Jamalpur, Sweet Betel Leaf of Rajshahi, and Date Molasses of Jessore, have recently been granted distinguished GI status. These products have gained international recognition for their exceptional quality and distinct characteristics, reflecting the country's diverse geographic and cultural landscapes.
However, in Bangladesh, the act pertaining to GI Products (Registration and Protection) was passed into law in the year 2013. To safeguard domestic place-based goods, the GI Act of 2013 provides the regulatory basis for an innovative approach that could be advantageous. In 2015, the Department of Patents, Designs, and Trademarks (DPDT) made a request for the registration of GI products following the enactment of the Act. DPDT acknowledges and verifies GI products under the Ministry of Industry in accordance with the standards set by the World Intellectual Property Organisation (WIPO).
Although Bangladesh has made significant progress, it has encountered difficulties in establishing its legitimate ownership of certain GI products, especially those that have historical connections to neighbouring countries like India. The recent controversy surrounding India's claim over the Tangail Saree, a symbol of Bangladesh's rich cultural heritage, highlights the intricate dynamics and potential conflicts that can arise in the realm of GI recognition. The Government of West Bengal in India suddenly claimed that it was granted the GI status for the 'Tangail Saree of Bengal' on January 2, 2024. India's Ministry of Culture stated via Facebook that the Tangail saree, which has its origins in West Bengal, is a classic and skillfully handcrafted artwork. It is widely recognised for its high-quality fabric, vivid hues, and detailed Jamdani patterns, representing the area's abundant cultural legacy. However, due to intense condemnation and online protests from Bangladeshi residents, the Indian Ministry of Culture had to remove the content from its social media platform.
WHY DOES THE GI STATUS OF PRODUCTS MATTER?: The GI of products has emerged as a pivotal concept in the realm of intellectual property rights, offering multifaceted benefits that transcend mere economic considerations. Protecting the genuineness, singularity, and cultural importance of goods that are closely tied to their geographical origins is the primary goal of GI. The significance of GI is paramount in today's more interrelated and globalised world, where ideas and goods travel freely across national boundaries. It promotes sustainable development, cultural preservation, economic diplomacy, and product value enhancement. However, understanding the significance of GI products lies in their capacity to bolster export competitiveness and stimulate economic growth. Through the establishment of a robust brand identity and a commitment to authenticity, products that have received GI certification can demand higher prices in international markets. Consumers, especially those in international markets, are more than willing to pay a higher price for products that have a verified geographical origin. This is because it indicates superior quality, a strong reputation, and a sense of exclusivity.
Through the GI certification, producers may develop a distinct identity for products. Their products truly distinguish themselves from similar offerings in other nations. Consequently, their products develop a distinct reputation. Additionally, they have the ability to set their prices at a premium of 20 to 30 per cent compared to the competing products. Also, GI products have a deep connection to the cultural heritage of the regions they come from. These embody the result of centuries of craftsmanship, ancestral wisdom, and longstanding customs transmitted across generations. Recognising and promoting GI products is crucial for nations to protect and preserve their invaluable cultural assets, guaranteeing their continuity for future generations. Moreover, by assuring the genuineness and excellence of items, GI certification is vital in safeguarding consumers' interests and fetishism towards traditional goods. By making it harder to fake or misrepresent, it helps to create a more trustworthy business environment. People may promote fair trade and ethical consumerism by making educated decisions based on the reputation and features associated with a particular geographical origin.
However, amidst the conflicts surrounding GI ownership between neighbouring countries, there are opportunities for regional cooperation and fostering goodwill through diplomatic channels and adherence to international norms. Through fostering productive discussions, upholding the rights of creators, and striving for mutually advantageous outcomes, countries can discuss and remove the misperceptions regarding the ownership of products. For example, the recent Bangladesh-India issue over Tangail Saree also marks a considerable development through which, characterising it as a 'strategic move' the Bangladeshi Prime Minister Sheikh Hasina clarified and stated that 'I have opted to don the Tangail saree to assert its ownership and refute any claims made by others.' However, the DPDT in Bangladesh, which falls under the Ministry of Industries, has officially designated the Tangail sarees as the country's Geographical Indication (GI) product. Considering the strong diplomatic ties between Bangladesh and India, a peaceful resolution to the matter can be achieved through their longstanding friendship.
FUTURE DIRECTIONS: As Bangladesh continues to navigate the intricate landscape of GI products and economic diplomacy, several key areas require focused attention and strategic planning to fully harness the potential of this powerful tool. To assert its rightful claims over traditional products and safeguard its intellectual property rights, Bangladesh must undertake a comprehensive inventory and documentation exercise. This process should involve extensive research, consultation with stakeholders, and collection of historical evidence to establish the origins and unique characteristics of the country's cultural and agricultural products. While Bangladesh has established a legal framework for GI protection, efforts must be made to strengthen enforcement mechanisms and enhance the capacity of relevant authorities to effectively combat counterfeiting and misrepresentation. In addition, to fully capitalise on the economic and diplomatic benefits of GI products, Bangladesh must develop comprehensive branding and marketing strategies.

Kawsar Uddin Mahmud is a political analyst based in Dhaka and a researcher at the KRF Centre for Bangladesh and Global Affairs (CBGA), Dhaka.
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