IP PROTECTION FOR HANDLOOM SECTOR

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Every year since 2015, 7th August is observed as National Handloom Day to highlight the importance of the handloom industry in India, which has had a long tradition of excellent craftsmanship and preserving the vibrant Indian culture. This living legacy should be protected and preserved for socio-economic development of the weavers, craftsmen and small manufacturers so that they can also become a part of nation-building.

Apparel exports have grown over the last three decades and today, India is among the top ten producers of textiles and apparel in the world. The Ministry of Textiles has taken some initiatives for promoting the handloom sector through schemes like Handloom Weavers’ Comprehensive Welfare Scheme (HWCWS), National Handloom Development Programme (NHDP), Comprehensive Handloom Cluster Development Scheme (CHCDS), Weaver MUDRA Scheme and Yarn Supply Scheme (YSS). These schemes help in educating handloom weavers and their children, providing security for accidental or disability and credit at concessional rates.

Intellectual property plays a significant role in promoting the handloom sector and assists in the adequate protection of the rights of stakeholders. Union Textiles Minister, Smriti Z Irani emphasized on the need to introduce intellectual property (IP) protection for handloom weavers at Conference on Creating Handloom 2.0,

“Every weaver has their unique designs and craftsmanship which needs to be protected and acknowledged. It is important to ensure a framework where intellectual protection rights can be introduced and ensured for handloom weavers.”

IP rights for the handloom sector exist both in the domestic as well as the international market in the form of trademarks, industrial designs and geographical indications. The textile and handloom industry mainly focuses on developing their own independent brands to market their products under specific trademarks e.g. Fab India, Jaypore, Chaak Maati and others. Also, any particular line or range of fabrics e.g kurtis can be protected under a label mark e.g. Rangriti by BIBA, Rangmanch by Pantaloons, SRISHTI by FBB etc. Trademark rights help in creating and capitalizing business and brand equity, both in national and international markets.

Design rights help in protecting a pattern or design or weave that is typical to the fabric. It is widely used by the fashion designers to protect their exclusive designs which if replicated in bulk, would reduce their appeal. Some noticeable handloom designs are Ikat and Pattachitra from Odisha, Bagru hand block print from Rajasthan, Batik and Bagh prints from Madhya Pradesh, Bandhani from Gujarat and Kalamkari from Andhra Pradesh. Their different appearances qualify the novelty criterion for ethnic designs.

The geographical Indications protect art, crafts, products and creations belonging to a specific geographical area, which is culturally recognised as coming from that area. The indigenous and intricate work done by Indian artisans and weavers represents the diversity and culture of Indian handlooms through the ages, using imagery, symbols and colours which have been appreciated globally. Geographical Indication rights have proved to be incredibly significant in providing recognition and optimum prices for products to weavers and artisans especially because they are provided to the Registered Association representing the rights of these weavers and artisans. The weavers get benefitted for their hard work when their products are protected under GI tags. Under the GI Act, the registered owner or authorized users can obtain relief in case of infringement. From Kancheepuramsilk of Tamil Nadu to Lucknow Chikan and Sambalpuri Bandha of Odisha to Kota Doria of Rajasthan, many textile and handloom products have been covered under GIs. The Chanderi fabric of Madhya Pradesh, Pochampally of Telangana, Pashmina of Jammu & Kashmir, Mysore silk of Karnataka, are some more notable registered GIs in the segment. The Khadi and Village Industries Commission (KVIC) holds registration for the word ‘KHADI’ and a GI tag.

There is a need to educate the diverse handloom stakeholders regarding their IP rights and help them organise themselves as a society, trust or even a company so that they can procure and hold Trademarks, Designs and GIs. An example is Ruma Devi, who runs an NGO ‘Gramin Vikas Evam Chetna Sansthan’ in Rajasthan for rural women who earn a livelihood through handmade fabrics. They have their own line of cotton fabrics marked with “R”. It helps them in building up their brand and fetch the right price in national and international markets.

Author’s bio:

Tanushree Sangal is an IP and Commercial Lawyer running her own law firm Adventus Legal with offices in Lucknow. She has considerable experience of over 12 years in the field. She can be contacted on tanushree@adventuslegal.com.

Insta handle:@adventuslegal

Tanushree Sangal,

tanushree@adventuslegal.com


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