GI on Poccham Palli Ikat Designs
description
Transcript of GI on Poccham Palli Ikat Designs
Submited by
Shivakumar.Ale
0711003
Geographical Indications of Andhara Pradesh handlooms Detail analysis of
Pochampally Ikat design sarees
Index
1. Indian G.I Act 3
a. Registry 4
b. Prohibitions 4
c. Application procedure 5
d. Effects and benefits 5
2. Handlooms from Andhrapradesh 8
3. Historical back ground of PochamPalli Ikat
designs sarees
12
4. Pochampally Ikat weaving process 13
5. Process of Pochampally Ikat designs went for
GI’s
16
6. Benefits from Ikat designs GI to Pochampally
Community
19
7. Conclusion 20
8. Referances 22
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We purchase lot of products simply for their qualitative properties attributing the same to
their geographical origin. From ancient times every region had its claim to fame for its products
for example Arabia for horses, China for its silk, Dhaka for its muslin, Venice for glass, India for
its spices. Economic Importance and products sell at premium. Basmati rice exports
form India and Pakistan, Darjeeling tea, a registered GI sells at a premium world over.
Introduction to Indian GI Act
In India the Geographical Indications of Goods (Registration and Protection) Act, 1999 came in
force with effect from September 2003. The salient features of the Act are defines Geographical
Indication, provides a mechanism for registration of GIs, establishes a GI Registry, elaborates the
concept of authorized user and registered proprietor, higher level of protection for notified goods
and remedies for infringements.
Section 2(e) of the Act defines a GI as : “geographical indication”, in relation to goods,
means an indication which identifies such goods as agricultural goods, natural goods or
manufactured goods as originating, or manufactured in the territory of a country, or a
region or locality in that territory, where a given quality, reputation or other characteristic
of such goods is essentially attributable to its geographical origin and in case where such
goods are manufactured goods one of the activities of either the production or of
processing or preparation of the goods concerned takes place in such territory, region or
locality, as the case may be.
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 relates 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;”
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‘Goods’ means any agricultural, natural or manufactured goods or any goods of
handicraft or of industry and includes food stuff.
‘Producer’ also defined Produces, deals, exploitation , manufactures as the case may be.
Therefore to qualify for protection an indication must:
1. Identify the good and its area of geographical origin.
2. Possess a given quality, reputation or other characteristics which
3. Is essentially attributable to its area of geographic origin.
Manufactured goods over a period of time while agricultural goods easily discernable.
Registry
GI Registry at Chennai having all India jurisdiction.
Registry maintains a Register of GI which is divided in to two parts, Part A and Part B.
Part A contains details of distinguishing characteristics of the goods and of the registered
proprietor which would be an association of persons or producers or a body representing
interest of such producers like for instance the Tea Board, Coffee Board, Spices Board
etc. To include all producers a collective reference may be made in the application.
Part B contains particulars of ‘authorised users’ of GI such as those producers (traders
and dealers) who have not been included in the original application for registration. (this
provision included due to socio economic factors)
Prohibitions
S. 9 lays down the following prohibitions to registration of certain GI:-
a) the use of which would be likely to deceive or cause confusion; or
b) the use of which would be contrary to any law for the time being in force; or
c) which comprises or contains scandalous or obscene matter; or
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d) which comprises or contains any matter likely to hurt the religious
susceptibilities of any class or section of the citizens of India; or
e) which would otherwise be disentitled to protection in a court; or
f) which are determined to generic names or indications of goods and are, therefore,
not or ceases to be protected in their country of origin, or which have fallen in to
disuse in that country; or
g) which, although literally true as to the territory, region or locality in which the
goods originate, but falsely represent to the persons that the goods originate in
another territory, region or locality, as the case may be. .
Application
Section 11 of the Act deals with application for registration, its contents, making and
filing, acceptance or refusal.
Once filed the Registrar will have the Application examined and may consult a expert
group to verify the technical details. Thereafter the Examination report is issued to which
the Applicant files a reply and on satisfaction the Registrar accepts the Application which
will then be published in the GI journal. Any person then can file a Notice of Opposition
within a maximum period of four months of publication in the Journal. Thereafter the
matter will for reply, evidence and then hearing. If the Registrar accepts the Application
then a certificate of registration issued.
Registration is valid for ten years but can be renewed from time to time on payment of
renewal fee.
Similar procedure followed for registration as an ‘authorised user’.
Effect
The Act provides that once the GI is registered, an infringement action can be initiated both by
the registered proprietor and by authorised users whose names have been entered on the Register.
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A registered GI is infringed by a person who not being an authorised user, uses such GI by any
means in the designation or presentation that indicates or suggests that such goods originates in a
geographical area other than the true place of origin of such goods in a misleading manner or
uses a GI which constitutes an act of Unfair competition (Act explains it as dishonest practices).
The Act provides for both civil and criminal remedies for infringement.
The civil includes imposition of fines, forfeiture to government of all goods and things
means of which the offence had been committed, damages, account of profit, together
with or without any order for delivery of the infringing label and indications for
destruction or erasure.
The criminal remedies includes imposition of fine or imprisonment or both.
In addition the statute vide section 25 prohibits registration of GI as a trade mark. The
Registrar of Trade Marks shall suomotu or at the request of interested party refuse or
invalidate the registration of a trade mark which consists of a GI with respect to goods
not originating in the territory which such GI indicates, if use of such a GI as a trade
mark would confuse or mislead the public as to the true origin of the goods. However,
the Act protects use of trademarks that consists of a GI where it is registered in good faith
under the Trade Marks Act or where the right to such trade mark was acquired prior to
coming in to force of the Act.
Higher level of protection for notified goods (TRIPS ). This will enable such higher level
of protection not only in respect of wines and spirits but for other goods as may be
decided by the Govt.
The Act says that in respect of the such notified goods, infringement shall include,
interalia, using of such expression as ‘Kind”, “style”, “imitation”, or like expressions by
unauthorised users. Such additional protection requires no proof of likelihood of
deception. Such prohibition also applies to translations and the use of such GI for notified
goods would be forbidden whenever the goods do not come from the area in question.
Also a trade mark shall not be granted, if it contains a GI for Notified goods and the
products do not originate from the region in question.
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The Act makes no difference between an Indian GI or a foreign GI.
Registered trademarks in India ( as on Nov 2006)
Geographical Indication Product State
Darjeeling Tea Tea West Bengal
Pochampally Ikat Textiles Andhra Pradesh
Chanderi saree Textiles Madhya Pradesh
Kotpad Handloom fabric Textiles Koraput, Orissa
Kota Doria Textiles Kota, Rajasthan
Kancheepuram silk Textiles Tamil Nadu
Bhavani Jamakkalam Textile, carpets Erode, Tamil Nadu
Mysore Agarbathi Incense sticks Mysore, Karnataka
Aranmula Kannadi Metal Mirror Kerala
Salem Fabric Textiles Tamil Nadu
Solapur Chaddar Textiles Maharashtra
Solapur Terry Towel Textiles Maharashtra
Mysore Silks Textiles Karnataka
Kullu Shawl Textiles Kasumpti,Shimla
Madurai Sungudi Textiles Chennai,Tamil Nadu
Kangra Tea Tea Kasumpti,Shimla
Coorg Orange Horticulture Product Karnataka
Mysore Betel Leaf Horticulture Product Karnataka
Nanjanagud Banana Horticulture Product Karnataka
Mysore Sandalwood Oil Essential Oil Karnataka
Mysore Sandal Soap Soap Karnataka
Bidar Handicrafts Karnataka
Channapatna Toys and Dolls Handicrafts Karnataka
Coimbatore Wet Grinder Wet Grinder Coimbatore, Tamil Nadu
Mysore Rosewood Inlay Handicrafts Karnataka
Kasuti Embroidery Embroidery(Textiles) Karnataka
Mysore Traditional Paintings Painting Karnataka
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Oriss Ikat Yarn & Threads Tied and Dyed for Textile Goods clothing
Orissa
Andhra Pradesh Handlooms
Renowned for its handlooms, Andhra Pradesh is an ancient institution of hand-woven fabrics. It
produces the most exclusive sarees and dress-materials, having delicate and distinctive designs.
Each saree boasts of an intricate 'pallu' and delicate border adorned with gold thread work. The
looms of Pochampalli, Venkatagiri, Gadwal, Narayanpet and Dharmavaram are well-known for
their silk and cotton sarees all over India. Usually, both the loom and the fabric are known by the
name of the place. Each loom is recognized with its distinct weaving style and variety of fabric.
In Andhra Pradesh and most other southern states, cotton and silk are the two most preferred
fabrics. The Handloom fabrics of A.P. will inspire your imagination…. And create the kind of
aura you have always dreampt about. The range is wide and includes in a variety of colors, Silks,
Tie & Dye materials, Durries, Dress materials………enough to dress a King or Queen and
decorate a place.
The Handloom Societies in Andhra Pradesh are organised as a two tier structural societies in the
village called Primary Handloom weaver's co-operative society. The APEX society at the State
level called A.P. State Handloom Weavers' Co-operative society Ltd. (APSHWCS), popularly
called as APCO. The APCO Fabrics is a Govt. controlled and managed body coordinates the
procurement and export of Hand loomed fabrics from A.P.
Export : Way back in 10th & 11th Centuary AD, the Handmade textiles of A.P has been in great
demand in Far East and the Arab World. It was the Arab who introduced this exquisite range of
fabrics in Europe. The ruling dynasty at that period was Persian in origin, maintaining a close
relationship with Iran. Exchange of trade and craftsman was encouraged. Persian craftsmen came
to A.P and worked with the local craftsman at Golconda, the Old Capital of as well as at
Machilipatnam, Warangal and other important handloom centers. This wide exposure and
interchange of ideas resulted into an unique blend of designs, colors and textures. Today, A.P. is
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renowned for its fine range of silk brocades and cottons, each having a very special identity that
sets it apart.
Some of the famous handlooms of Andhra Pradesh are as follows. .
Kalamkari Fabrics
Kalamkari is essentially an art of painting and printing fabrics. The Kalamkari fabrics are known
world-wide for their attractive designs on carpets, bed
sheets, wall hangings, sarees, chintz, table clothes and
curtain clothes. Polavaram and Pedana are the major
centers of manufacturing Kalamkari block prints.
During the rule of Qutub Shahis, Kalamkari art was
introduced in the region. Commonly used designs
include flowers, birds and animals.
Ikat Weaving Handlooms
Originated in Nalgonda district, Ikat is an expertise of weaving randomly dyed yarn in natural
zigzag or geometric patterns. This art of weaving has been recognized throughout the world. In
the present day, Ikat weaving is practiced in the villages like Puttapaka, Pochampalli and
Chautuppal. Exclusive to Andhra Pradesh, Ikat technique of weaving is extremely popular
throughout India.
Chirala Textiles
Eminent for its textiles, Chirala produces some of the best fabrics of Andhra Pradesh. Here, a
large amount of oil is used while preparing yarn for weaving. As soon as the fabric is made, it is
smeared with wax & clay and finally, it is dyed in selected colors. Chirala is famous for its
bedspreads, curtains, tapestry fabrics and sarees.
Uppada Sarees
Uppada is a beach town that is located at a distance of 20 kms from Kakinada. This place is
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famed for its skillfully designed cotton sarees. One can purchase these beautiful sarees at
Peddapuram and Bandarulanka.
Gadwal Sarees
Gadwal has been known worldwide for its beautiful
sarees. The main charm about their saree is that its
body is of cotton, whilst the border and pallu are in
silk. Actually, the cotton and silk fabrics are woven
individually and then attached together to make a
complete saree. The 'pallu' and the border are
adorned with rich traditional designs.
Dharmavaram Sarees
Dharmavaram is renowned for its fabulous silk
sarees throughout the world. These sarees
comprise simple and plain borders without much
contrast. Usually, the borders are wide, having
brocaded gold patterns and 'pallus' with elegant designs. Dharmavaram is also acknowledged for
its leather puppets.
Eluru Carpets
Eluru is illustrious for its flourishing woolen carpet industry. During the Mohammedan rule, the
Persians, who migrated here, started the carpet industry. Today, it has become a major part of
Andhra handlooms and most of the carpets manufactured here are exported.
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Mangalgiri Handlooms
Located at a distance of 12 kms from Vijayawada, Mangalgiri is a famous pilgrimage center in
Andhra Pradesh. Mangalgiri is popular not only for its temple, but also for its elegant cotton
sarees and dress materials.
Venkatagiri Sarees
Venkatagiri sarees are known for being adorned with
gold threads. Available in cotton and silk, these sarees
have borders with pure silver or gold 'zari' (threads)
and brocade designs. They are dyed in rich colors
with golden dots, leaves, parrots or simple geometrical designs.
About PochamPalli
Pochampally is an interesting collage of tradition, history, heritage and modernity. Surrounded
by hills, tanks and ponds, and lush green fields, spread-out silk warps, neera tapping from palm
trees, mat-making women, open-sky chatrashala houses, a perennially full tank, hills, temples,
Vinoba Mandir - Bhoodan Ashram, and cultural complexes, Pochampally makes up for an
exciting destination to spend one’s vacation.
Pochampally is the place where threads and colours
find their way into the hands of skillful weavers and
meander into the market as beautiful sarees and
dress material is the most typical weaving village in
Nalgonda District of Andhra Pradesh.
Basking under the glory on par with the weaves of
other places(Such as Kanchi, Dharmavaram,
Gadwal, Venkatagiri etc), Pochampally weave is
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popularly known as ikkat or tie and dye weave. The uniqueness lies in the transfer of design and
colouring onto warp and weft threads first and then weave them together. The fabric is cotton,
silk and sico - a mix of silk and cotton. Increasingly, the colours themselves are from natural
sources and their blends.
Pochampally has traditional looms, whose design is more than a century-old. Today this Silk
City is home to more than 10000 weaving families in 100 villages.
The fabric is marketed through the cooperative society and APCO, the master weavers and the
business houses in Pochampally. Pochampally does more than Rs.1000 Million annual business
in terms of yarn sales, purchase of handloom products and sales.
The consumer-weaver interactions provide inputs for new designs. The weavers from the older
and new generation have shown resilience and adapted themselves to the changing tastes of the
consumers – from telia rumals, bedsheets, to sarees to dress materials for the modern woman and
man; from cotton, to silk & to sico. The women are also making garments and other products
from the fabric
Recently Chenetha Gurukulam has been started with the spirit of introducing & handing over the
ancient art to the world. With experienced Gurus here popularly known as MASTER
WEAVERS, the Gurukulam teaches the entire process of Weaving since from its inception to
Ready to wear condition. The Gurukulam comprises different programs with multiple course
durations.
Historical background of Pochampally Ikat designs
The weavers in Pochampalli are basically Hindus of the Padmasali or Devang communities who
have been residents for long and have thus adopted the local dialect and social norms. These
weavers produce ikat textiles with geometrical designs, and have also recently started
experimenting with all-Indian styles. It is believed that ikat technique was brought to
Pochampalli from Chirala, another town in Andhra Pradesh, a couple of generations ago, perhaps
as early as 1915 when the workshops in Chirala are said to have been weaving ikat saris, turbans
etc. One of the reasons why Pochampalli saris find a better market in India and abroad is, the
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weavers use modern synthetic colors instead of the expensive vegetable dyes for dying, thereby
not only bringing down the cost of production, but also getting a chance to be more creative by
trying out complex designs.
Since the 1960's Pochampalli ikat-weavers were influenced by the paolu designs of Gujarat. The
reasons for this influence could be many. Migration of the weavers could be one of them.
However, there are some experts who feel that more than migration it could be influence of the
print media, which could be one of the major reasons. "Weavers have probably seen the Gujarati
designs either in a magazine or might have actually seen one of the patola fabrics. It is also
possible that weavers came across the designs at a handloom exhibition and copied the design,"
say some experts.
Ikat design weaving process:
The yarn for the wrap and the weft is stretched on warping blocks in the form of quarter circle.
They consist of one strong peg, connected with a circular segment of a wooden plank, studded
with about 35 pegs at regular intervals. The thread - warp as well as weft - is stretched on it and
divided into a number of sets. Later the designs are tied in the sets, while the yarn is held on the
warping block. For dying the yarn is taken off, but when dry, it is again stretched, partly opened
and tied again for dyeing, a process which can be repeated several times. The red and brown
shades, between white and black, are achieved using alizarin dyes. For this the cloth is first
soaked in a mixture of castor oil and alkaline earth, then dried, again soaked, dipped in alizarin
paste and finally boiled till it becomes red. For the brown shades, iron splinters are added to the
color. Dissolving iron splinters in vinegar produces black color.
Designs generally are worked out on graph paper. Great care must be taken in putting the warp
on the loom, keeping all the threads in position is necessary for the design to work. The natural
movement during weaving gives Ikat designs a feathered edge which characterize this technique.
Each weaver works from home with all the family helping in different processes. Perhaps the
grandmother is winding bobbins, while the wife is marking out the design on warp threads and
the husband is weaving on a pit loom in the main living area. In one corner rice is being sieved
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and tamarind is spread out. A child wanders around and a baby is in a hammock. Life revolves
around weaving.
Process of weaving:
a) Yarn widing from Hank to Bobbin b)Preparation of Weft on Tie & Dye frame
c)Marking of Design on Weft on Tie & Dye Frame with Charcoal/Fountain Pen
Graphed design for tie-dyeing the threads before putting on loom. d)Dyeing with First(lightest) Colour
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e)Repeat the (Tie & Dye) process for Third/Fourth Colour as required according to the Colour in the
DesignAfter tying, the silk threads are dyed. Then the
ties are removed revealing with designs and texture created by the ties on the woven fabric.
This is a labour intensive craft!
f)Placing of the Tie & Dye weft on Tie & Dye Frame for Rewiding
g)Winding of Tie & Dye Yarn on to Parivattamh)Pirn Winding from parivattam for Weaving
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i)The warp in Preparation for Dyeingj)Stretching the Warp and Each Unit is Separated from
the next group
k)Warp Attaching to the Reed
l)Weaving
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l)Weaving l)Weaving
Uniqueness of Pochampally Ikat
Having single, combined or double Ikat in several illustrations ranging from :
a. Diagonal or square grids in which geometrical, floral figurative motifs are woven
b. Striped or shevaron forms
c. The use of diamond or chowka
d. Other abstract variations
Process of getting GI for the Ikat designs
The basic purpose of getting GI for the Ikat designs is to encourage the local community by
stopping the mill producers. Manufacturing and marketing of Pochampally named designs by
large mills out side Pochampally is using powerlooms are causing severe damage to the
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conventional weavers. The power loom producers can produce 1500mt fabric per day per person
where as a handloom worker can produce 2mt length of fabric per day. So there is huge demand
and supply gap. This opportunity is utilized by powerloom producers and making low quality
designs at very lesser prices.
The powerlooms are severely affect the livelihood of this natural skilled weavers. Their sales are
dropped by 50% due to lost cost mill products. Due to this there was shrinkage in employment
opportunity in that region skilled designers are shifting their profession or migrating to other
locations. The income levels are almost dropped by 60% in that region.
Government of Andhrapradesh with the
objective of converting this uniqueness
into commercial value, the Textiles
Committee launched a cluster initiative
under its Cluster Development
Programme to facilitate the local
associations “Pochampally Handloom
Weavers’ Co Op. Society Ltd”, an
autonomous society registered under the
society Act 1860 and “Pochampally Handloom Tie & Dye Silk Sarees Manufactures
Association” an association established under the law are the two bodies that are responsible for
production and marketing of Pochampally Ikat.
The Directorate (Handlooms & Textiles) Government of Andhra Pradesh, Weavers
Service Centre (WSC), APTDC, NABARD have been involved in the process of GI registration.
The services of APTDC used for filling before GI registry and NABARD has provided funds
under its DRIP to cover the costs involved.
The famous Pochampally ikat tie-and-dye sari has won Intellectual Property Rights
protection, more than a year after its first applied. It is the first traditional Indian craft to receive
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this status of geographical branding. The design won protection in the Geographical Indications
category. This will protect the Pochampally handloom sari from unfair competition and
counterfeit. An estimated one hundred thousand weavers in Andhra Pradesh may benefit from
the granting of Intellectual Property Rights to the traditional tie-and-dye fabric, which has seen
falling demand due to competition from cheaper fabrics copying from their design. The idea was
to make the products of Pochampally cluster as a "globally preferred Tie and Dye textiles".
The draft of Pochampally Ikat design GI
G.I Application Number 4
POCHAMPALLY IKAT
Date of Filing: 15.12.2003
Applicant Name : (a) Pochampally Handloom Weaver’s Co-op Society Ltd, an autonomous
society registered under the Societies Act 1860.
(b) Pochampally Handloom Tie & Dye Silk Sarees Manufacturer’s
Association, an association established under the Law.
Address : Post & Mandal Pochampally, District Nalgonda – 508 284 Andhra
Pradesh
Geographical Indication: POCHAMPALLY IKAT
Ikat 1 Ikat 2 Ikat 3
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Class : 24, 25 & 27
Goods : Class 24 – Textile and Textile Goods
Class 25 – Clothing including sarees and rumal
Class 27 – Carpet, Rugs and Mats
Geographical Area:
Pochampally Ikat is produced/ manufactured in the districts of Nalgonda and Warangal in the State of Andhra Pradesh. Nalgonda district lies in 78 degrees 37 minutes 30 seconds to 80 degrees 07 minutes 30 seconds Longitude, and 16 degrees 05 minutes to 17 degrees 49 minutes Latitude covering an area of approximately 14,240 sq.km; while Warangal lies at 78 degrees 48 minutes to 80 degrees 49 minutes Longitude and 17 degrees 17 minutes to 18 deg rees 37 minutes 30 seconds Latitude covering an area of 12,846 sq.km.
Date of Issue of
Registration Certificate : 31.12.2004
Benefits to the Pochampally community
GI registration is seen as a stamp of quality, it increases the consumers’ confidence in the
product and therefore the demand for the product goes up. This will benefit for the development
of the region and help to increase living standards of rural India. Geographical Indications
registration gives to the registered proprietor and its authorised users, the legal right to the
exclusive use of the GI and also the right to obtain relief in case of its infringement. This will
help to prevent the powerloom manufacturers selling under pochampally name. The GI
registration will now confer legal protection to the Pochampally Ikat, against its un authorised
use. It is also expected to give a brand image to the Pochampally products, gaining greater reach
in domestic and international markets.
Other benefits:
Media attention on Pochampally Artisans has increased dramatically. This will help to
increase the publicity of the these design ethinic wear
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Consumer awareness has been increased. This will help to rose the demand for the
products. Increase demand will generate more employment in the community and
enhances development of the region.
After getting IPR protection for their products they are highly motivate and it boost
morale of the weavers community.
Creativity , responsibility and productivity from the
community will increase and we can observe emergence of
market discipline.
Networking and social cohesion among the weavers.
Increased market penetration -- 20% increase in sales
Orders through the Internet too.
o Website: www. pochampally .com
Increased Investment
o Pochampally Handloom Park
Suggestions and conclusion
The state and central governments should take proper measure to create and improve the
brand awareness in the international markets.
There should be proper legal force to take actions to prevent copying and passing on
actions against counterfeiters and infringers
Government should arrange proper training and technical development measurements in
the area of marketing, branding, distributing and quality of the product
NGO’s and Co-operative societies can take initiative to develop new markets for these
products.
Small and medium scale entrepreneurs can invest huge amounts in this clusters and grab
the international marketing opportunities.
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Technical assistance programmes need to explore possibilities of such cases and facilitate
creation of IP value.
Referances:
1. http://iprtaforum.org/documents/mexico08/panel5/5-James.ppt
2. www.pochampally.com
3. http://www.apcofabrics.com/pochampally.html 4. http://textilescommittee.nic.in/pochampally-GI.pdf 5. http://www.expresstextile.com/20040226/fabricsgarments02.shtml
6. http://www.indiatogether.org/2003/jun/eco-craftsnow.htm 7. http://ipindia.nic.in/girindia/indiantreasures.html 8. http://www.wipo.int/export/sites/www/sme/en/activities/meetings/india_nift_05/
gi_gupta.ppt
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