Promotion of Handicrafts and Intellectual Property Rights of the Artisans across the world: The Case for India

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Harminder Singh, Sachin Datt

Abstract

The Handicrafts Industry in India is facing stiff competition from semi-handcrafted and machine made duplicates from countries like China.  The past two decades have seen a rising consciousness in India to protect the traditional crafts from piracy and unauthorized duplication. This has led the Government of India to realize the importance of Intellectual Property Rights for the Crafts Sector. A nationwide campaign has been initiated to protect India’s traditional handicrafts under the Geographical Indications Act. Though the existing Intellectual Property Rights (IPR) regime in India is inadequate to address all the issues involved in protection of handicrafts. The Geographical Indications Protection and Handicraft Mark, even if they are successfully implemented, can probably be powerful tools for creating value for the handicrafts sector. They are expected to bring Monetary gains in terms of increased sales turnover, higher prices and better profitability. However, the biggest obstacle is the artisans themselves. They are neither educated enough not informed enough to boldly step up and own their craft. They shy away from involving themselves in any form of writing. They may have generation of experience in their area of expertise and yet they are unable to boldly make a place exclusively for themselves in the global markets. They are also expected to bring overall socio-economic development and better lifestyle for the artisan sector. To become commercially valuable assets, Intellectual Property Rights must be transformed from mere legal concepts and enforceable rights into marketing tools that create and develop a brand value for the product. It is the contention of this paper that an effective IP based Marketing strategy will help the artisans increase their competitiveness and market value, while minimizing the risks and uncertainties involved.  The IP assets must be used creatively, pro-actively and with imagination to reap their commercial benefits.

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