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Geographical Indications And Artisan Livelihoods: A Socio-Legal Study Of Aranmula Kannadi And Chendamangalam Handloom




Sicily Sojan (LL.M.) & Prof. Dr. Valarmathi R


ABSTRACT


Geographical Indications of Goods (Registration and Protection) Act, 1999, was enacted for the primary objective of protecting the goods of specific regions through the recognition of the interrelationship between the quality of the product and the geographical indicator. Though the overall framework is consistent with India’s TRIPS obligations and has been effective in promoting a substantial increase in the overall number of GI registrations, there has been a lack of empirical research on the extent to which the overall framework is effective in promoting socio-economic benefits among artisan communities. This article presents a socio-legal empirical evaluation of the overall framework through a qualitative analysis of the Aranmula Kannadi and Chendamangalam Handloom GI communities registered under the Geographical Indications of Goods (Registration and Protection) Act, 1999.


Firstly, the paper will study the overall framework placed in the context of existing doctrinal and developmental scholarships. Furthermore, it presents the methodology adopted for empirical research. Later the paper presents the findings from the two case studies. Finally, the overall implications for the structural framework are evaluated. This also suggests that the impact of GI registration, in terms of product visibility and symbolic cultural recognition, does not have a positive impact on the remuneration of artisans or a reduction of their economic vulnerability. The enforcement mechanisms are product- centric, and the territoriality of the regime does not adequately factor the skill mobility of artisans. This paper argues that the Indian GI regime is product- centric rather than producer-centric, and the recommendations are for the necessary institutional changes for the achievement of distributive equity, participatory governance, and sustainable protection of artisans.


Keywords: Geographical Indications, Artisan Communities, Territoriality, Cultural Identity, Kerala Crafts, Socio-Legal Study, GI Enforcement, Economic Justice.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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