Presentation on theme: "IP Laws, Policy and Recent Judicial Trends in India"— Presentation transcript:
1 IP Laws, Policy and Recent Judicial Trends in India BAYER CROPSCIENCE LIMITEDWorkshop on“Opportunities and Challenges of Geographical Indications (GIs) Protection in West Bengal”KOLKATAJuly 25, 2008
2 " Muga Silk: Post-GI Challenges" July 25, 2008 Rajashree Sharma
3 SNAPSHOT Muga Silk of Assam -Registered GI Basic Information on Muga Proof of Origin (Historical Records)Geographical Area/Environmental ConditionUniquenessMethod of Production
4 SNAPSHOTRegistered on as Muga Silk of Assam falling in Class of 23,24,25,27 and 31MUGA Silk is a product of the Silkworm Antherea Assamensis endemic to AsomThe pupa of these silkworms feed on som (Machilus bombycina) and sualu (Litsaea polyantha) leavesThe natural golden colour silk produced is known for its glossy fine texture and durabilityMUGA possesses characteristics, reputation and quality that are essentially attributable to its geographical origin in Asom
5 SNAPSHOTMUGA part of Asomiya community’s traditional knowledge and know-how and linked to tradition and antiquity and is part of the community’s cultural expression.The ‘localness’ of the product is material to the communities’ sustainable developmentGI protection is capable of serving as a tool for protecting traditional knowledge and cultural expressions for the advancement of indigenous women and rural people in general1
6 SNAPSHOT PROOF OF ORIGIN Asom had a reputation as producer of high quality silk and that the Brahmaputra valley was on the ancient silk route: Yogini Tantra, II.9, p ; Babrubaha Parva, V ; Periplus of the Erythrean Sea, p 264;MUGA identified with Asomiya traditional knowledge, expressions of folklore and culture since antiquityThe scientific name of MUGA silk (Antheraea Assama) itself shows its originThe term ‘MUGA’ [unlike Pat (Pattaja) and Endi (Eranda)] is a Asomiya term connoting the rich amber colour of the cocoon.
7 (Kautilya’s Arthashastra: Book II, Chapter 11, sloka 104) SNAPSHOTPROOF OF ORIGINEarliest mention of MUGA: Arthasastra attributed to Kautilya mentioned in 321 B.C., that the varieties of textile commodities known as dukula, , was the product of the country Suvarnakudya/Sonkudhia (modern Asom) which was as red as sun (batarkaprabhan), as soft as the surface of gem, being oven while the threads were very wet (manishingdha dake vanam), of uniform (coturasra) or mixed texture (vyamisravana). Kautilya also referred to a variety of silk garments known as patrona produced in the country Suvarnakudya were the best.(Kautilya’s Arthashastra: Book II, Chapter 11, sloka 104)
8 SNAPSHOTPROOF OF ORIGINTavernier, John Baptiste “Travels in India”, 1662 p. 220; who made special mention on silkworm variety from Kamarupa (Asom) that remained on trees all year round, meaning nothing but the conventional outdoor rearing of MUGA worm even today.Tallish, Shihabuddin accompanying Mir Jumla (who invaded Assam) during the same time observed the sameBogle, George: Treaty with Bhutan (1775) : Bodo tribals traded munga silk (Latin: Anthera assama) with Bhutan through the Buxa pass
9 SNAPSHOT PROOF OF ORIGIN Gait, Sir Edward [“A History of Assam”, 1st Edn., p. 217] the custom house at Hadira opposite Goalpara, fixed a duty of 10% according to the terms of commercial treaty executed with Gaurinath Singha, the Ahom king and Captain Welsh on behalf of East India company in 1793 A. D. He reported that 224 maunds of MUGA silk thread were exported and the value was placed at Rs during that period.
10 SNAPSHOT PROOF OF ORIGIN Barua, B.K. [A Cultural History of Assam (Early Period)” Vol. 1 page 103 – Published 1969] quoting various sources states the following:that Asom enjoyed a good reputation for producing natural silk of fine texture;that MUGA was a stouter and more durable fabric than other silk;That MUGA silk from Asom was very much in demand in Europe; andthat it formed a trade of the East India company during the 18th through early 19th centuries.
11 SNAPSHOT PROOF OF ORIGIN Barua, Kanak Lal: Ksauma, Dukula and Patrorna, Studies in the early History of Assam; pChoudhury P. C. “The History of Civilisation of the people of Assam to the Twelfth Century A.D.”, a Ph. D. thesis of, page 330.“Muga Silk Industry” of S. N. Chowdhury, published by Directorate of Sericulture, Govt. of Assam, page“Silk Production, Processing and Marketing”, by Mahesh Nanavaty, page 107 – 108.“The nutritional biology of Muga cultutre and seed cocoon preservation in Assam” a Ph.D. thesis of Iswar Sarma Bharali, page 16, 17, 19.“Hand Book of Assam, 1976” published by Directorate of Information and Public Relations, Govt. of Assam, page 77.
14 SNAPSHOT Geographical Area Asom is located in the tropical latitudes (24.30 N and 280 N)and eastern longitudes (89.50 E and 96.10E)The rivers Brahmaputra and Barak, in the north and southrespectively, carve out deep valleys that represent the majorpart of the state.It is in the narrow strip of the Brahmaputra and Barak valley that the MUGA plant grows abundantly and cultivation is restricted to this area as wellThe state has an area of 78,438 sq. km representing 2.39percent of the Indian landmass and a population of 22,414,322 (1991) accounting for 2.64 percent of the total populations of the country
15 SNAPSHOT The Antheraea Assamensis or Antheraea Assama Geographical AreaThe Antheraea Assamensis or Antheraea Assama(MUGA silkworm) is cultivated (semi-domesticated) in the Brahmaputra valley with its characteristic ecological requirementsMUGA is a polyphagous insect which feed on certain Lauracae. The food plants mostly preferred by the silkworms are Som (Machilus Bombycina King) and Soalu, (Lytsea Polyantha Juss)Machilus Bombycina is naturally abundant in upper Assam which is used for reeling cocoon forcommercial use
16 ENVIRONMENTAL CONDITION SNAPSHOTENVIRONMENTAL CONDITIONLytsea Polyantha is normally distributed in the foot hills of lower Assam and is utilised for seed cocoon productionThese food plants grow well in warm and humidconditions with sufficient rainfall and acidic alluvial soil with high iron contentAll the plants are naturally abundant in plains ofBrahmaputra basin. The selection of food plants is bynature. Chandrasekhar and Thangavellu, 1986
17 ENVIRONMENTAL CONDITION SNAPSHOTENVIRONMENTAL CONDITIONNatural inhabitant due to agronomic and environmentalconditions – MUGA is a Silk worm with unique characteristics like the golden yellow colourMUGA is a non-mulberry silk worm which feed on MachilusBombycina and Lytsea Polyantha (provides the unique\pigment) typical to the Brahmaputra Valley of AsomMUGA is a multivoltine insect (producing several generations per year). It is possible to raise 4 – 6 crops in a year.It has lowest number of Chromosomes (n =15) in Antheraeanspecies.
18 UNIQUENESSMuga COCOON has importance as the value of the silk is determined by its colour.The cocoon of the som fed worms is glossier and compact compared to soalu fed cocoon. The cocoons are brownish with slight variation in size and colour. The colour of cocoons however differs in different seasons in both cases.
19 UNIQUENESS“Muga silkworms (Antheraea assama) are ENDEMIC to the state of Assam and feed on 'som' (Machilius bombycina) and 'soalu' (Litsaea polyantha), producing an unusual lustrous golden-yellow, attractive and strong silk… It has the monopoly of world production of golden-yellow muga silk. ”FAO Working Paper on “International Trade in Non-Wood Forest Products 1994”
20 UNIQUENESS MUGA silkworms are raised outdoors. newly hatched worms are mounted on food plant (som or soalu). They are put either on the east or north side of the trees to get sufficient sunshine by the help of bamboo poles.Another method of mounting the newly hatched Muga worms is by putting small twigs bearing soft and tender leaves over the newly hatched worms in the egg boxes/baskets. The worms will crawl up to the leaves. The twigs with the worms are then tied with suitable branches at different places of the Som/Suala trees for uniform distribution.
21 UNIQUENESS About 300 Som/Sualu Plants may be planted in one acre (about 3 bighas) of land with aspacing of 3m x 3m. In this plantationsabout 900 layings of muga worm can bereared in one crop easily. Such, major cropfor producing reeling cocoons may be takenup twice at year during April-May (till midJune) and September-October (up to middleof November
22 UNIQUENESSLARVAThree color morph i. e Green, Blue and Orange are available. The predominant Larva is green- some intensely colored and some with light shade. Orange colour larvae has become almost extinct. The nature of distribution of pigment is genetical. The colour of cocoon has no relation with the larva.
23 UNIQUENESSHuman dimension – manner and solutions of local inhabitants to overcome climatic, territorial and even socio-economic constraints – TRADITIONAL KNOWLEDGE AND KNOW-HOW.‘localness’ - the motifs that are used on muga silks are largely animals that belong to the Kaziranga - a direct indication of the region to which the muga belongs. Traditional Asomiya dress Mekhela Chadar and the Bihu dance dress in Muga silk.
24 UNIQUENESS Color stability (everlasting) Golden colour increases with each washTensile Strength (4.53g/dn); strongest amongst all silksUV Absorption capacity (>80%)Durability (over 50 years)Acid resistant (resistant to concentrated Sulfuric acid)Comfortable to wear both in summer and winterexpensive
25 METHOD OF PRODUCTION Stages of production of manufactured goods: Degumming of fibre with alkali extracted from seeded banana tree (Bheem kol) typical to Asom as well as with commercial alkali1. Hand Reeling2. Winding3. Warping4. WeavingSimilar to treatment of other silks.
26 Life cycle of Muga Silk Worm YarnMale mothFemale mothEggsCocoonPupaFabricLife cycle of Muga Silk Worm5th instar1st instar4th instar2nd instar3rd instar
28 BENEFITS OF GIMuga is a cottage industry in Asom and it provides employment to mostly rural womenfolk - potential contribution to sustainable developmentDiversified products will increase in demand for the products both in domestic and export market.GI Registration of Muga will now provide economic benefits to all the stakeholders and contribute human and social development as a whole and a sure shot way to enhance the economical development of the rural sector.
29 BENEFITS OF GIGI protection could trigger higher Market reward – standardization of quality, embedded ‘messages’ about quality – consumers in niche markets may be willing to pay a PremiumLess quantifiable benefit – generating additional employment, increasing income and retaining population in these areas.Accumulated ‘Goodwill’ – niche marketing, brand development and extracting value
30 BENEFITSMuga Silk of Assam after GI registration receiving enough attention through media. Being first GI in Asom Muga has created a lot of passion in the whole N.E. Region and now many products seeking GI protection in Gamosa, Eri, komal chaul etc.Generated awareness among Users and Craftsmen and general public who identifies themselves with Muga as their ‘bapati xahon’.
32 CHALLENGES AHEAD INSPECTION BODY Authority Department of Sericulture, Govt. of AsomRepresentative Committee to be formedweavers’ associationRelevant District Industry OfficerRepresentative of Dept. SericulturePIC /ASTECCentral Silk BoardInstitute of Advanced Studies in Science and Technology, Asom – Laboratory and Certification
33 CHALLENGES AHEAD The proposed GI inspection system will be specific and deal withTraceabilityGeographical origin and geographical boundariesSpecific soilsSpecific breeds or plant varietiesSpecific production criteria or methodsSpecific know howParticular colour and appearanceSpecific labeling
34 CHALLENGES Conformity assessments – product sampling Post-market surveillancePublic outreach, information and educationDevelop and adopt specified requirements or standardsSuitable logo
35 CHALLENGES Collective Protection system Should be headed by the State Govt.System that protects both producers and consumersR&D (product improvement and portfolio to achieve economies and expand sales)Prevent free riders on reputation and quality of GI product.
36 CHALLENGESStrict and qualitative production system to be in place to stop blending of Muga and tassar to dupe customers.High quality assurance and homogeneity- command a premium price.Human dimension to goods-no mass productionMost importantly as Proprietor we must have a collective responsibility to ensure that the quality is maintained in all stages by having standardized process in place as soon as possible.
37 WAY FORWARDThe Inspection body will certify ‘Muga’ both in origin and conformity to precise rules of processing and manufacturing to guarantee its ‘typicity’CSB proposes to include Muga in their Annual plan and set guidelines to delimit Muga farming area and also to set criteria to have better yield.Proposes to prepare Rules by the Law Department of Assam in the line of EU countries (i.e. Champagne, Cognac etc.)
38 Third party quality control WAY FORWARDQuality Control to achieve global recognition and acceptance through GI needed to comply with quality assurance and quality control normsThird party quality controlExternal quality Assessment at least twice a yearInternal quality control at regular intervals.Should comply with ISO requirements
39 IDENTIFICATION OF MUGA 1. BURN TEST:The burn test is the best way to confirm the purity of silk. Burning of silk will leave a powdery ash and will extinguish itself when the flame is removed just like wool. The easy way to tell silk and wool apart in the burn test is the smell. Where wool have the smell of burning hair, the silk have a much more disagreeable smell.2. Chemical Test:The fibre of Muga, Tussar and Bombyx mori have been treated with Conc. Sulphuric acid. The fibre of Bombyx mori. dissolved immediately andthe colour become yellowish. The fibre of muga silk has been partially dissolved without changing the colour whereas the colour of Tussar fiber has changed to purple and dissolved partially
40 CONCLUSIONMUGA has been identified as a silk of a given quality, reputation and characteristics attributable to the geographical area - Asom - since times immemorialMUGA silkworm as well as the food plants (som/suolu) are unique and typical to Asom and MUGA silk owing to the State’s typical climate, soil and flora/fauna connotes distinctive quality and image
41 CONCLUSIONThere are inequality of resources, opportunities, information system and infrastructure that need to take care of to protect and preserve Muga in Asom.Like SWA and Champagne Houses the Non Government trade bodies in EU, the Proprietor tier, users and producer must create a voluntary body. Also the Government can act as custodian of community wealth and make Muga Silk Industry as organized sector.Assamese Community has to be alert of any misuse of abuse of Muga Silk in respect of similar or dissimilar goods in generic sense e.g. ‘Muga type silk’.
42 CONCLUSIONWidespread promotional campaign for collective marketing and need to develop unique logo. Promotional materials (leaflet, Website) of product taking on point of sale and in exhibition. These will defend the supply chain against imitation.Vigilant against infringement.
43 CONCLUSIONTo maintain the supply chain integrity the production and marketing are major criteria for GI products. As owners, the producers have to take collective responsibility in ensuring that quality is maintained till it comes to the market, hence market check is also constitutes an important aspectAlready present in the global market, now will give leverage for the GI protection