Legal protection of geographical indications in Jammu and Kashmir-A case study of kashmiri handicrafts

Journal of Intellectual Property Rights

Volumn 15, Issue 3, 2010, Pages 220-227

  Mir, Farooq Ahmad ^a   Ain, Farutal ^a  

^a University of Law   (India)

Author keywords

Amlikar shawl; Geographical indication; Kashmiri heritage; Khatambandh; Namdha felt; Papier mache; Pinjarakari; Silk and woollen carpets; Walnut wood carving

Indexed keywords

EID: 78149478276     PISSN: 09717544     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (29)

1. Frank Ames, The Kashmir shawl and its Indo-French ifluence (The Antique Collector's Club Ltd, Woodbridge Suffolk), 1986, p. 16.
2. Woodcraft products in the present context invariably implies carved walnut wood material that abounds in Kashmir.
3. One of the most popular of crafts practiced in Kashmir. It is paper pulp used for molding into numerous craft items. It is literally 'chewed paper'.
4. Khatambandh is perhaps the oldest of the crafts introduced in Kashmir and has history that spans over ten centuries. It is an art of making ceiling by fitting small pieces of wood preferably Walnut or Deodar wood. The walls can also be decorated by this woodcraft.
5. Sozni embroidery is a fine needle work on various fabrics done by a Sozankar employing predominantly the Sozni stitch, Darn and Stem stitch using silk and viscose yarns.
6. Draft Report on Silk Carpets and Woollen Handicrafts (Carpets, Rugs and Shawls) made in Srinagar, Jammu & Kashmir, Project sponsored by Development Commissioner (Handicrafts) Ministry of Textile, Government of India prepared by Consultancy Development Centre (CDC) India, Habitat Centre Core-IV B, 2nd floor Lodi Road, New Delhi.
7. This committee was setup by the Department of Commerce, Ministry of Commerce and Industry, under the chairmanship of Dr H A C Prasad, Economic Adviser to Government of India.
8. The Report of the Committee on promotion of Exports from Jammu & Kashmir was released by Shri Omar Abdullah, the then Minister of State for Commerce and Industry. The report has recommended the setting up of an Export Development Fund, two Inland Container Depots (ICDS), an Air Cargo Complex, a Trade-cum-Exhibition Centre, Export Promotion Industrial Parks (EPIPs) among various other things to give a boost to exports from the State.
9. The Tribune Chandigarh, 5 April 2003, www.Tribune.india.com/./J&K.htm.
10. Rising Kashmir, 15 January 2009.
11. Furniture, carved utility articles, Khatambandh ceiling of inferior quality are also made in Saharanpur (UP).
12. Study on the protection of 'TK' with reference to Kashmir handicrafts, Vol. II: Amlikar Shawl, Walnut Wood Carving, Papier Mache, Silk Carpet, April 2006-June 2006 conducted by CDI, Srinagar, Sponsored by Development Commissioner (Handicrafts) Ministry of Textiles, Government of India.
13. Khatambandh by Sandeep Sangaru, Integrated Design and Technical Development Project in the area of Khatambandh Srinagar Kashmir, CDI Knowledge Management Centre, 2007-2008, p. 9, 19.
14. The Jammu and Kashmir Namdha Quality Control Act, 2010 (1953 AD), which is an Act to improve the trade and quality of Namdha in the state of Jammu and Kashmir to make certain regulations for the same.
15. Research Document on Namdha Industry of Kashmir, 'Divya Parnami IILM School of Design, Gurgaon.
16. www.cdisgr.org.
17. Matoo A M, Kashmir carpet-An appraisal', Craft; A magazine devoted to arts and crafts of Jammu and Kashmir, Directorate of Handicrafts, Govt of J&K, 1998, p. 10, 11.
18. Section 2(a)
19. For Instance, agricultural goods, natural goods or manufactured goods.
20. Article 22: Geographical Indications are, for the purposes o this agreement, indications which identify a good as originating in the territory o a member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.
21. Explanation: For the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it related to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be.
22. In Imperial Tobacco Co v Registrar Trade Marks, it was held that the geographical terms are words in common use, designate a locality, a country or a section of country which cannot be monopolized as trade marks, AIR 1977 Cal 413.
23. Member, Board of revenuev. Arthur Paul Benthal, AIR 1956 SC 35,p.38 in this case the apex court opined that 'when two words of different import are used in a statute in two consective provisions, it would be difficult to maintain that they are used in the same sense
24. CIT v East West Import & Export (P)Ltd, Jaipur, AIR 1989 SC836,p.838.
25. B R Enterprises v State of UP, AIR 1999 SC1867 p.1902.
26. Shri Ishal Alloy Steel Ltd v Jayaswalas Neco Ltd, JT 2001 (3) SC114,p.119(wherein the court said that the words 'a bank' and 'the bank' in section 138 of the NI Act do not have the same meaning.
27. Kailash Nath Agarwal v Pradeshiya Indust and Inv Corp of UP, 2003, AIR SCW 1358, the words 'proceeding' and 'suit' used in the same Section was construed differently.
28. DLF. Qutab Enclave Complex Educational Charitable Trust v State of Haryana, 2003 AIR SCW 1046, p.1057, the expression 'at his own cost' and 'at its cost', used in one section was given different meanings.
29. Section 2(n) and Section 2(k).