Intellectual Property Rights and the Assam Silk Industry- a GI Study

Abstract

The seven sister- states of North. -. East India are often considered to be a,, neglected bunch" as far as the national business- industry interface is concerned. The reasons can be multiple including but not limited to substandard infrastructure, limited Central Government support, security issues, geographical connectivity with rest of the country, education, unstable political and economic environment, etc. In light of the above, it imperative on part of any North- Eastern state of India to be self sufficient as far as local handloom and craftsmanship industry is concerned, because as a huge local market and economy resides on such traditional sectors.This includes handloom, tourism, natural resources, etc. Assam is blessed with one such asset in the form of Assam Silk industry which is supporting its market, economy and population for several centuries. As India enters into implementing the new laws under its Intellectual Property (IP) regime, we need to look into the objective behind such laws i.e. to preserve and protect such traditional craftsmanship especially in the wellestablished silk indushy. India needs to ensure that Intellectual property protection is being offered to such traditional practices since the identity of the state itself resides upon it. Moreover, the IP protection should be implemented in consonance with the local development and welfare. This study is an effort to ascertain and analyze the effect of such IP protection under the garb of Geographical Indication (GI) on the Assam Silk Industry. The study shall first understand the production, distribution and retailing procedure of Assam Silk Industry and shall subsequently cover the parameters of development and welfare from the perspectives of the weavers, retailers and consumers associated with such industry. It shall also cover the existing dispute between the Assam Handloom weavers/retailers and Benarasi silk weavers over the alleged copying of the Assam silk fabric and designs by the Benarasi factory manufacturers and selling them at a lower price (due to low input cost) in Assam. The data involved in this research study is primarily empirical which has been collected through interviews conducted in Delhi, Guwahati and Sualkochi (A census town 35 Kilometers from Guwahati and hub of the Assamese silk production)