Sweetening federalism through GI
Once registered as GI, products get better legal protection
Dharwad pedha, Tirupathi laddu, Joynagar moa, Bandar laddu, Bardhaman sita bhog, Bardhaman mihidana and Banglar rasogolla. Well, this list is not intended to make mouths water. It’s not a random list of Indian sweets either. The common thread is the GI (Geographical Indications) tag that these have.
Banglar rasogolla is the latest addition. West Bengal got the GI tag for this “pure white, spongy ball of ‘ chhana’ dipped in light sugar syrup”. News headlines call it a West Bengal victory over Odisha. Does it mean that Odisha has lost the battle to claim a GI for its rasogolla? There seems to be some confusion.
Before going into this controversy, a background on GIs would help. According to World Intellectual Property Organization, “A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.” Therefore, geographical roots of products make them special. In India, Geographical Indications of Goods (Registration and Protection) Act, 1999, is the law for registration and better protection of GIs.
As per Section 2(1)(e) of the law, “‘geographical indication’, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be…”
Once registered as GI, products get better legal protection and it helps prevent unauthorised use. Fakes from other states can’t be good enough as they lack the geographical element. The tag is also a quality assurance for consumers.
There are other advantages too. On the social front, some have pointed out its benefits for rural population (including artisans). Being a collective right, GI brings people together. On the economic front, the tag gives economic incentives to produce the protected product. It provides employment and increases exports. By its very definition, GIs have a geographic and historical angle. The art of making a handicraft is often passed down from one generation to another. If future generations don’t carry it forward, there is a high probability of the art dying. Once a product gets a GI tag, the next generation gets an incentive to continue production, thus carrying forward knowledge and legacy of previous generations.
It also has a tourism angle. When foreigners visit India, they want to experience India through its culture, people, places, food and products. Tasting original Darjeeling tea or a meal which includes steaming hot basmati rice could be an illustration of this Indian experience. On their way home, tourists want to take back something Indian. Moreover, some have pointed out the “Make in India” angle of GIs. With these advantages, states are in a race to get GI tags. West Bengal and Odisha were also said to be in “race” to get one for their rasogolla.
For India, it is said that as state boundaries change, language, culture, social norms, dressing style and even food preparations change drastically. So flavour and style of preparation of the same foodstuff can differ across states. Thus, rasogolla may be prepared very differently in two neighbouring states.
The Banglar rasogolla controversy seems to be dividing two states and its people. But viewed through a different lens, a silver lining is visible. How about viewing this as an opportunity for cooperative and competitive federalism? States competing against each other to get GI tags for their unique products can be involved in healthy competition. One state could prove that the product belongs to them and get the tag. In addition to this competitive federalism, there is a cooperative federalism angle. In some cases like basmati rice, several states/UTs (Punjab, Haryana, Delhi, Himachal Pradesh, Uttarakhand, parts of Western UP and J&K) have got the GI tag. Another example is different states protecting regional variations of the same product. In respect of rasogolla, the Odisha CM Office has clarified that the state can get its version (“Odishara rasagolla”) registered as a GI. If this happens, it will be a win-win situation for both states. Be it cooperative or competitive federalism, India will be the eventual winner, raising its GI tally.
The author is a lawyer and a Young Professional with Economic Advisory Council to the Prime Minister and NITI Aayog. Views expressed are personal