Protection Of Handicrafts and Traditional Textile Products Under the Regime of Geographical Indications: A Study with Special Reference to Karnataka

Geographical Indications (Gls) are a form of Intellectual Property Rights (IPR) that protect products identified by their geographical origin and unique qualities. They preserve cultural heritage, prevent misuse of regional names, and ensure fair economic benefits for local communities. The existing provisions under Section 11 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, read with Rule 32 of Geographical Indications of Goods (Registration and Protection) Rules, 2002 regarding the admissibility of oral history over documentary evidence for registering Handicrafts and Textile products under GI regime is inadequate, there is a need of amendment in these provisions. The current study is a combination of doctrinal research and empirical research. The Textile and Handicraft artisans selected in the study were based on utilizing a stratified random sampling method and a total of 520 responses from Gl artisans and 178 Non GI Registered Artisans were considered for the study. The empirical data analysis accepted the above hypothesis. The study emphasizes that Oral history plays a significant role in preserving the authenticity and uniqueness of handicrafts and textile products, and should be given equal weight to documentary evidence in the registration process. By amending these sections, the Gl regime in Karnataka can ensure that the rich heritage of these products is safeguarded for future generations. The proposed amendments to the Geographical Indications of Goods (Registration and Protection) Act, 1999 should include the following changes: a definition of oral history should be added to section (2) Sub section (1) (q), a new clause (g) should be added to Section 11 - Application for Registration, requiring a notarized affidavit to state the oral history in the absence of documentary evidence, and sub-clause 6 (i) under Rule 32 should be added to require an affidavit containing a statement of oral history on the occasion that documentary evidence is unavailable.