Tangail Sari GI Status: Dhaka must take legal steps now
Bangladesh should take legal measures immediately against India's geological indications and recognition of Tangail sari under the laws of the neighbouring country, said Debapriya Bhattacharya, a distinguished fellow of the Centre for Policy Dialogue.
The official website of the Intellectual Property India Patents, Design, Trademarks Geographical Indication says the aggrieved party can appeal to the intellectual property appellate board within three months, he said.
"That step must be taken by May," he said at a media briefing held at the CPD office in Dhaka yesterday.
On January 31, India published a journal declaring the 'Tangail sari of Bengal' as their GI product following an application from the West Bengal State Handloom Weavers Co-Operative Society.
"The three months given under the Indian laws must be utilised."
If the legal action is successful, the GI status will either be revoked or modified, he said.
The Department of Patents, Designs and Trademarks must immediately register the Tangail Sari as a GI product of Bangladesh. All steps must be completed diligently, leaving no loopholes, Bhattacharya said.
The Bangladesh High Commission in India must also appoint a lawyer as soon as possible.
"After the lawyer is appointed, we should file a case with an Indian court under their law. That is why an expert team should be formed. The team should be reviewed and monitored on a regular basis in GI journals of India."
As an argument in favour of claiming Tangail Sari as their product, India said the weavers who migrated from Bangladesh to West Bengal in India have developed a new type of sari named the "Tangail Sari of Bengal".
"Bangladesh has a strong case as the Indian GI refers to the 'Tangail Sari', which is a specific geographic location in the country."
The argument of migration of skills and knowledge during the partition is not strong as GIs must be linked to products produced in a specific territory.
"The arguments presented by India are not valid and, in many cases, those are not correct. These half-truths can be challenged easily."
The Bangladesh government may set up a multi-disciplinary task force to advise the relevant domestic parties including the producers and trade bodies to pursue the matter on different fronts.
The Bangladesh permanent mission in Geneva should discuss with the World Intellectual Property Organisation (WIPO) on how to deal with the issue, he said.
"If we go to WIPO, it will suggest what to do in case of co-branded products. So, Bangladesh has several strong points to cancel India's GI recognition of Tangail Sari," Bhattacharya said.
Following public outcry in Bangladesh, the industries ministry on February 8 said it would award the Tangail sari the GI status.
The application seeking the GI status for Tangail sari has been accepted for publication in the form of a journal, according to Zakia Sultana, senior secretary of the industries ministry.
A gazette will be published about two months after the publication of the journal.
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