Geographical Indication

Gujarat`s Mata Ni Pachedi

Submitted to - Ms. Priti Gadhavi Submitted By - Anamika Sachan

Palak Agarwal Upasana Singh

Intellectual Property Rights and Geographical Indication

Intellectual property is the creation of human mind, human intellect and hence called Intellectual property. The intellectual property is created by incorporating information intangible objects capable of multiplying in an unlimited number of times at different locations anywhere in world. The property is basically in the concept, idea thought and thereafter in the actual product work or process etc. Intellectual property is usually divided into two branches Patents, Designs, Trade Marks and Geographical Indications which is also termed as Industrial Property and Copyright and Neighboring Rights.

What is meant by Geographical Indication?

Geographical Indications of Goods are defined as that aspect of industrial property which refers to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product. Typically, such a name conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country . India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection)Act, 1999 has come into force with effect from 15th September 2003.

A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. Whether a sign is recognized as a geographical indication is a matter of national law. Geographical indications may be used for a wide variety of products, whether natural, agricultural or manufactured.

An appellation of origin is a special kind of geographical indication. It generally consists of a geographical name or a traditional designation used on products which have a specific quality or characteristics that are essentially due to the geographical environment in which they are produced. The concept of a geographical indication encompasses appellations of origin.

India and geographical indications act

An effective protection for GIs was of considerable importance for a country like India, which was richly endowed with natural and agricultural products and which already had in its possession renowned geographical names such as 'Darjeeling'(tea), 'Alphonso' (mango), 'Basmati' (rice), etc., there was no separate legislation on GIs until the enactment of 'The Geographical Indications of Goods (Registration and Protection) Act, 1999' (henceforth the GI Act). The tea from Kenya, Sri Lanka, have often been passed off around the world as Darjeeling tea, which originally denotes the fine aromatic produce of the high altitude areas of North-Bengal, from where it derives the name. Corporations in France and the US have been producing rice based on Basmati varieties in those countries, and registering trademarks that refer to Basmati, thereby seeking to gain from this renowned geographical name. The US-patent on Basmati Rice Lines and Grains granted to Texas based Rice Tec Inc, which triggered a lot of controversy in the recent past, is a glaring example of wrongful exploitation of a renowned GI from India. So on and so forth.

It is in such a scenario, that the GI Act was enact formulated as part of the exercise in the country to set in place national intellectual property laws in compliance with Indias obligations under the TRIPS Agreement. Under this Act, which has come into force with effect from 15th September 2003, the Central Government has established the Geographical Indications Registry with all India jurisdictions at Chennai, where the right holders can register their respective GIs. After a GI is registered any person claiming to be the producer of the good designated by the registered GI can file an application for registration as an authorised user. The GI Act is to be administered by the Controller General of Patents, Designs and Trade Marks- who is the Registrar of Geographical Indications

Benefits of registration in India

Confers legal protection to geographical indications in India. It prevents unauthorized use of a registered geographical Indication by others. It boosted exports of Indian geographical indications by providing legal protection. It promotes economic prosperity of producers. It enables seeking legal protection in other WTO member countries.

Application for geographical indication in India

Any association of persons, producers, organization or authority established by or under the law can apply: The applicant must represent the interest of the producers The application should be in writing in the prescribed form The application should be addressed to the Registrar of Geographical Indications along with prescribed fee.

Validity for geographical indications in India

The Registration of a Geographical Indication is for a period of ten Years. Renewal is possible for further periods of 10 years each. If a Registered geographical indication is not renewed, it is liable to be removed from the register.

Introduction

Indian temples have been centers of art and architecture since ancient times. Each temple according to geographic locations has their own art style, motifs, representation of deities and their stories. Clothes of the deities, their adornments and vibrant temple hangings have intensified the ambience of these temples. The main textile art that evolves from the temples are depicted in the temple hangings. These pieces of cloth are embroidered or painted with stories about the relevant God.

Although Gujarat is known for its exquisite embroidery, the lesser known art of Kalamkari is equally appealing and unique. Kalamkari refers to a method of painting natural dyes onto cotton or silk fabric with a bamboo pen or kalam. When one thinks of Kalamkari it is usually associated with the one that is done in the South of the country (Andhra Pradesh) predominately portraying a variety of Hindu narrative themes, including the Ramayana, Mahabharata, and Shiva Purana. Kalamkari in Gujarat differs from that done in South with its central theme the Mataji. Mata ni Pachedi represents the art history, creativity and cultural heritage of the Vaghri community now settled in Ahmadabad.

Mata Ni Pachedi

Mata ni pachedi, which translates to behind the mother goddess, is a cloth that features a temple of the Goddess. When members of the nomadic Vaghri community of Gujarat were disallowed from entering temples, they made their own shrines with depictions of the Mother Goddess on cloth. The boldness of the paintings, which usually follow a set pattern, is reinforced by the starkness of red and black, the only colors used. In the center is the commanding figure of the Mata or Mother Goddess in various iconographic forms, either sitting on a throne or mounted on an animal.

In Ahmedabad, artisans make these paintings using the same methods followed 200 years ago. Cotton fabric is first de-starched and then treated with harada paste, to prepare it for absorbing the colour. The outlines of the figures are painted first, with black colour prepared from jaggery and iron. After this, red colour, extracted from tamarind seeds, is filled in and the areas supposed to be white are left blank.

After the application of each colour, the fabric is boiled in alizarin solution, to bring out the colour, and then washed. For washing, the craftsmen go to Sabarmati (a river in Gujarat) as the cloth must be washed in running water only, so that excess colour flows away, instead of staining the cloth. It takes days of patience and dedication, to prepare one piece. For instance, painting a cloth of 5x9 inches can take up to two months.

The strong lines and bold use of colour, that reflect the power and energy of the goddess, have now transformed to more artistic and detailed illustrations; but the style of depicting mythical characters remains the same. The artists now incorporate many more colours such as indigo, green and yellow in the paintings, using the age old methods of extracting colour from natural materials.

History
The Vaghri Harijans settled in Ahmadabad make their living by block printing and painting shrine cloth known as Mata ni Pachedi or Mata no Chandarvo. These imposing textiles are used as canopies over the image of the mother Goddess. Traditionally the shrine cloths were made by the Vaghri Harijan community who were not allowed to enter the temples. They made the Pachedis as an offering to the Goddesses. The cloth has a formal patterned quality, strong and bold, reinforced by the starkness of red and black. Pachedis are used in religious ceremonies and record the myths and legends associated with the living traditions of the people. Always, the goddess is the destroyer of evil with weapons in all her ten arms looking fierce and commanding, invoking awe and fear in the onlooker. She is at the centre, the focus of the painting with motifs of deities, priests, devotees, angels and animals drawn around her. Often they are performing garba, a traditional dance in the honour of the mother goddess. These are narratives from epics arranged in columns around her. The themes, stories, dimensions and proportions of the motifs are interpreted differently according to the artists sensibility and visualization. Many legends are depicted in these Pachedis. They are usually derived from Puranic myths. What remains constant is the Mataji, who according to the Vaghri tribes, protects and helps people. Traditionally maroon and black were the colors used, with the surface of the material as the third color. The maroon and black colors were natural dyes sourced from alizarin and oxidized metal. To meet contemporary tastes, the Vaghris have started using other natural colours adding yellow, blue orange, rust, grey and even pink to the colour palette. Contrasts between positive and negative spaces formed an important balancer to the work.

The maroon and black colours were natural dyes sourced from alizarin and oxidized metal Maroon was associated with the color of the Earth mother or Gaea and believed to possess healing powers. White was considered the color for purity and contact with ancestral spirits, deities and other unknown spiritual entities. The color black was meant to repel malevolent spirits and intensify spiritual energy. As time went by the community got introduced to pigment dyes which had begun arriving in Gujarat for a fledging textile industry. Exposure to a. wider palette meant a riot of color and shade in the Pachedi. These are however not used for religious purposes and are purely decorative.

The most common motifs, apart from Mataji astride a bull or a tiger, include lady with a flower, trumpeters, angels, flowers, the tree of life and animals such as peacock, tiger,parrotetc. All the materials used in the creation of Mata ni Pachedi are organic. The dyes, the fabrics (such as cotton, khadi, silk etc), the bamboo stick kalams are all made up of naturally available products. Extremely eco-friendly in its nature, Mata ni Pachedi reinforces the use of non-polluting, wholesome materials which do not compromise in making outstanding aesthetic pieces.

Red the colour of blood, of life, vitality red, the colour of the Mother Goddess, the embodiment of power, the nurturer and destroyer the protector of the weak.

In a great battle between Shiva and the asura (demon), Raktabija, every drop of the asuras blood that fell to the earth, gave rise to more and more demons. The gods then turned to Shakti, the goddess Durga, to annihilate the asuras. The fierce goddess pierced the demons body and drank all his blood, thus saving both the worlds. The goddess in her seven forms is now worshipped during the nine days of Navaratri festival. Mata ni pachedi literally means behind the mother goddess, and is a cloth that constitutes a temple of the goddess. When people of the nomadic Vaghari community of Gujarat were barred from entering temples, they made their own shrines with depictions of the Mother Goddess on cloth. This ingenuous solution

is believed to be the origin of Mata ni Pachedi, the sacred art, which is now revered by all. Whether it is the richly decorated with gold Pichwai paintings of Nathdwara, or the folk art of Mata ni Pachedi, Hindus have always decorated their temples and shrines with narrative illustrations that depict stories of the gods and goddesses.

Traditionally, red is the main colour of the paintings, the sacred red that punctuates every auspicious occasion in the life of a Hindu. White and black form the backdrop for the brilliant red. Using just these three colours, the imaginative artists depict entire stories laden with numerous characters and motifs. The painting usually has a set pattern, with the mother Goddess dominating the central area in her mighty form, surrounded by deities and commoners worshipping her with equal reverence. Mata ni Pachedi is also known as the Kalamkari of Gujarat, owing to its similarity of the Kalamkari practiced in Southern India and the use of pens (kalam) fashioned out of bamboo sticks, for painting. To quicken the process and meet demands of villagers, who would commission paintings to offer to the mother goddess on fulfillment of wishes, the painters started using mud blocks for printing. These blocks were large and coarse, and after using a few times, would be thrown in the river where they returned to the soil. Over the course of time, wooden blocks replaced

mud blocks, facilitating the use of finer motifs. Yet, the craftsmen still often make the entire painting with the bamboo kalam, using blocks only for printing the borders. In a small locality in Ahmedabad, artisans make these paintings using the same methods followed 200 years ago.

Process
Cotton fabric is first de-starched and then treated with Harada paste, to prepare it for absorbing the colour. Outlines of the figures are painted first, with black colour prepared from jaggery and iron. After this, red colour, extracted from tamarind seeds, is filled in and the areas supposed to be white are left blank.

After application of each colour, the fabric is boiled in alizarin solution, to bring out the colour, and then washed. For washing, the craftsmen go to Sabarmati River as the cloth must be washed in running water only, so that any excess colour flows away, instead of staining the cloth.

It takes days of patience and dedication, to prepare one piece of this beautiful folk art. For instance, painting a cloth of 5 x 9 can take two months. The artists get a rush of orders a couple of months before the Navaratri festival. The strong lines and bold use of colour, that reflect the power and energy of the goddess, have now transformed to more artistic and detailed illustrations; but the depiction style of mythical characters remains the same. The artists now incorporate many more colours such as indigo, green and yellow in the paintings, using the age old methods of extracting colour from natural materials. They use their skills to make smaller souvenir pieces for the fascinated visitor, and also make

products like wall hangings and stoles, using newer motifs.

While craftsmen are refining this folk craft to suit the changing times, yet the sanctity of this religious artifact remains untouched. Creating Pachedis as well as new illustrations that are relevant in todays context, but in the same folk style, these craftsmen have remained true to the cause of spreading the glory of the Mother Goddess and her wonderful art.