Of Geographical Indication, Leirum Phee and others

Ringo Pebam & Sunanda RK *

Leirum Phee (Lengyan) :: Photo - Gandhi Naoremcha

When PM Modi wore "Leirum Phee" on 14th April 2020 on his live televised speech on lockdown-2.0 to the nation, we felt proud.

Day before yesterday (30th May 2020), when news reports came of the commercialization of the same Leirum Phee in other parts of India, it left us concerned.

In that news report video of ANI (https://bit.ly/3gBSRCp), weavers in Uttar Pradesh were seen producing it in bulk. It's good that people like our Leirum Phee, but our concern arose when the news reporter addressed the Leirum Phee as PM Modi's "gamcha", and not a word about Manipur was mentioned. Then it appeared in Amazon for sale as "Gamcha" by sellers not based in Manipur.

Our concern is about safeguarding the origin of Leirum Phee, and protecting the interest of local weavers of Leirum Phee.

The move made by the Directorate of Handlooms & Textiles, by writing to the Development Commissioner for Handlooms, Ministry of Textiles, GoI, objecting to the production of Leirum Phee in Uttar Pradesh, in the wake of the ANI news, is welcomed, though it came more of a damage control act, and we ask ourselves how effective it will be.

Leirum Phee as seen at Ima Keithel on 10th July 2019 :: Photo - Shankar Khangembam

Assam had already got the Geographical Indication (GI) tag of their traditional scarf "gamosa" in 2019. If our Leirum Phee had got GI registered earlier, we won't have faced what we are facing now.

The decry by civil bodies like the ACOAM-Lup, AMESCO and HERICOUN, among others, over the long negligence of the value of the traditional Leirum Phee by the Department of Handloom and other Handloom clusters, should make them proactive in the future.

A notification also came from the Directorate of Handlooms & Textiles saying that they will apply for GI for Leirum Phee, Khamen Chatpa Pheijom, Kouna Phak, Potloi and Hamphai Pottery (Nungbi Pottery). Hope, it is done at the soonest. We also would like to draw their attention to see if they can consider Phiruk/ Phingaruk as well for the GI.

We feel that due attention should also be drawn to the Tribal shawls of the hills of Manipur. Applications for GI need to be made for Manipur's tribal shawls, we all know that with exotic designs and motifs they are in great demand in the national and international market.

Also, we suggest if thoughts can be given by Department of Horticulture & Soil Conservation, for the GI application for Hawaijar, Soibum, Awa Phadigom etc.

Cultivated in the states of Arunachal Pradesh, Assam, Manipur and Nagaland, known as 'oo-morok' in Manipur and 'Bhut Jolokia' in Assam, GI was registered for it as 'Naga Mircha' to the applicant 'The Secretary, Department of Horticulture & Agriculture, Government of Nagaland', in 2008, for the application they made in 2007 with application number 109. We wonder if Manipur could have got it, had we applied for it before Nagaland did. Just a thought.

Digging deeper into the Geographical Indications Registry website www.ipindiaservices.gov.in, we found that the present status of Siroi Lily (Application number 591) is mentioned as 'refused', and Sirarakhong Chili (Application number 592) and Tamenglong Orange (Application number 592) as 'examination'. The Director, Department of Horticulture & Soil Conservation, is the applicant for all the three items.

We don't know how much feasible it will be, but seeing Goa's Feni getting geographical identification registered in 2009, made us ponder why not GI for our local brew.

A Geographical Indication (GI) is primarily an agricultural, natural, or a manufactured product (handicrafts and industrial goods) originating from a definite geographical territory. Such a name conveys an assurance of quality and distinctiveness, which is essentially attributable to the place of its origin.

Geographical Indications are part of the intellectual property rights that comes under the Paris Convention for the Protection of Industrial Property.

India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999, which has come into force with effect from 15 September 2003. Darjeeling tea became the first GI tagged product in India, in 2004.

As of 10 May 2019, the Geographical Indications Registry of India had received a total of 646 applications since the beginning. As of September 2019, a total of 361 GIs got registered in the GI Registry.

Manipur has 5 GIs in the list, namely -
o Shaphee Lanphee (Textile),
o Wangkhei Phee (Textile),
o Moirang Phee (Textile),
o Kachai Lemon (Agricultural) and
o Chak-Hao (Agricultural).

Registration process:

1. An application for registration must be made before the Registrar of Geographical Indications by any association of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods.

2. The application must be made in an appropriate form containing the nature, quality, reputation or other characteristics of which are due exclusively or essentially to the geographical environment, manufacturing process, natural and human factors, map of territory of production, appearance of geographical indication (figurative or words), list of producers, along with prescribed fees.

3. The examiner will make a preliminary scrutiny for deficiencies, in case of deficiencies; the applicant has to remedy it within a period of one month from the date of communication.

4. The Registrar may accept, partially accept or refuse the application. In case of refusal, the Registrar will furnish written grounds for non acceptance. The applicant must within two months file the reply. In case of re-refusal, the applicant can make an appeal within one month of such decision.

5. Registrar shall, within three months of acceptance may advertise the application in the GI Journal.

6. If there is no opposition, the Registrar will grant a certificate of registration to the applicant and authorised users.

There were instances of disputes over the question of the place of origin of the product under consideration. One example is the dispute surrounding the origin of Roshogulla. Both West Bengal and Odisha claimed that it originated in their own States.

In 2017, West Bengal secured the GI tag for its "Banglar Rasogolla". Bengalis claimed that the Rasgulla was invented in the 19th century by Nobin Chandra Das in Kolkata, while Odias believed that the tradition of Niladri Bije where Rasgulla is offered started in the 12th century.

In July last year Odisha secured a certificate for a similar but somewhat differently named delicacy as "Odisha Rasagola". In the international scene, Japan and South Korea contended over "kimchi", the fiery fermented dish; Israel and Lebanon argued over "hummus", a popular Middle Eastern dip and spread.

The Geographical Indication registration gives the following benefits:
o Provides legal protection to the products
o Prevents unauthorised use of Registered Geographical Indication by others.
o Helps consumers to get quality products of desired traits and is assured of authenticity.
o Promotes economic prosperity of genuine producers of goods produced in a geographical territory.

The registration of a geographical indication is valid only for a period of 10 years and it can be renewed from time to time for a further period of 10 years each.

With public's uproar over the Leirum Phee being mass produced in a town in Uttar Pradesh, we hope all the concerned departments of the government will act in time, and do the needful to apply for registration of agricultural, natural, handicrafts and industrial goods of the State that ought to be registered.