VEcare : Army helpline for Veterans:-

VEcare service can be availed from landline or mobile by simply dialing 1904. To a registered mobile user, it will provide automated voice guidance for medical emergency assistance including immediate dispatch of an ambulance, queries related to medical facilities and appointments at ECHS/ Command Hospital, CSD related value addition services and facilitate connectivity to Army telephone numbers. The helpline facility is being seen as a major initiative towards veterans’ welfare.


Swachh Yug : Gram Panchayats along the Ganga to be made Open Defecation Free

The Ministry of Drinking Water and Sanitation, in partnership with Ministry of Youth Affairs and Sports, and Ministry of Water Resources, River Development and Ganga Rejuvenation, is intensifying support to the five States of Uttarakhand, Uttar Pradesh, Bihar, Jharkhand and West Bengal, to make all villages along the banks of the Ganga Open Defecation Free (ODF). There are 5,169 villages along the river Ganga.

The campaign, being a collaborative effort between the Swachh Bharat Mission, local youth leaders (युवा) and the Namami Gange project (गंगा) – is being called ‘Swachh यु, which translates into ‘the age of Swachh’.


World Environment Day, 2016 was celebrated across ministries and nation on  5 June


Odisha wages a literary struggle to claim rasagulla as its own

The bitter contest over the Intellectual Property Rights to an iconic sweet, the ‘rasagulla’ has moved into a new phase with Odisha citing ‘literary evidence’ to buttress its claim over West Bengal.

Odisha’s Department of Science and Technology has been poring over literary evidence and has decided to study it in depth, to reinforce the State’s demand for a Geographical Indication for the famous cottage cheese balls in sugary gravy. Odia litterateurs say the sweet is found in many works well before 1868.

A bitter-war broke out last year over the origins of the Rasgulla. The fight is between Odisha and West Bengal, with each one claiming ownership of rasagolla.

Odisha has staked claim to have ‘invented’ years ago, the sweet associating it with a centuries old ritual of Lord Jagannath. West Bengal always thought of rasagolla as its own.

What is GI :-

“Darjeeling”, “Ceylon”, “Assam”, “Kolhapuri”, “Banarasi”, “Champagne”, “Roquefort”, “Chianti”, “Sheffield”, “Camember”, “Havana” are some well-known examples for names which are associated throughout the world with products of a certain nature and quality. One common feature of all these names is their geographical connotation, that is to say, their function of designating existing places ,towns, regions or countries. However,  when we hear these names we think of products rather than the places they designate.

There are various conventions and agreements addressing the issues of protection geographical indications. These include Paris Convention for protection of industrial property, TRIPS Agreement, Madrid Agreement for the repression of false or deceptive indications of source on goods and Lisbon Agreement for the protection appellation of origin and their international registration.

The Paris Convention for the Protection of Industrial Property does not use the term geographical indication. Article 1 paragraph (2) defines as subjects of industrial property, inter alia, indications of source and appellations of origin. This is the terminology traditionally applied and still officially used in the conventions and agreements administered by WIPO. According to this terminology, the following distinction is made between indication of source and appellation of origin:

Indication of Source means any expression or sign used to indicate that a product or service originates in a country, a region or a specific place. For example, Made in India is an indication of source. The Appellation of Origin means the geographical name of a country, region or specific place which serves to designate a product originating therein, whose characteristic qualities are exclusively or essentially due to the geographical environment, including natural and human factors. For e.g. -“Darjeeling Tea” or “Champagne Wine” represents Appellation of Origin

Make in India and GI:- 

One of the objectives of the “Make in India” programme is to improve and protect the Indian intellectual property (IP) regime. The steps envisaged to achieve this objective include increased posts in IP offices, e-filing facilities, major fee reduction for Micro, Small and Medium Enterprises, holding awareness programmes etc.

A less discussed IP right in this context is ‘geographical indications’ (GIs), a right aptly described as “sleeping beauty” (as it was in slumber till the advent of the Trade-Related Aspects of Intellectual Property Rights Agreement) in the mid-1990s by Florent Gevers, a renowned European IP lawyer. GIs indicate goods as originating in a specific geographical region, the characteristics, qualities or reputation thereof essentially attributable to such region. GI-branded goods possess a recall value amongst consumers who essentially attribute these characteristics, qualities or reputation to such geographical origin. Scotch whisky, produced only in certain regions of Scotland in accordance with regulations, is an example.

Europe has been protecting GIs since the 1800s.

The GI ripple effect

GIs support and protect local production (as opposed to global production), generate local employment and are mostly untouched by industrialisation, originating in villages or small towns. Since consistent quality is a must in GI-branded goods, and often cements itself as a consumer recollection point, producers are expected to diligently follow specific production methods.

Champagne, cognac  etc are some European names that started humble lives decades ago and became the icons that they are today owing to such quality control and perseverance. Many European GIs have also successfully built up ancillary industries like tourism and lodging in the respective regions, enabling visitors to get a first-hand experience of the manufacturing process and absorb the history thereof. Such ancillary industries also create local employment and aid in the socio-economic development of the region in the long run.

Complying with World Trade Organisation obligations, India enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 (GI Act) and has set up a registry in Chennai to register such names. Covering agricultural goods, manufactured and natural goods, textiles, handicrafts and foodstuffs, the GI Registry’s website lists 238 registered names as of March 2016. While the list has popular GIs like Basmati rice, Darjeeling tea and Pashmina shawls, many names on the list are lesser known or never heard of, despite being in existence for decades.

With emphasis laid on innovation, new initiatives and robust infrastructure, IP rights like patents, designs and trademarks can prima facie find a place in the Make in India programme.

Despite the gradual rise in GI registrations, the role and scope of GIs in the Make in India programme has perhaps remained unnoticed in discussions. Considering that GI-branded goods can be made 100 per cent in India without the need for any foreign direct investment (FDI) and that they can promote socio-economic development of the respective regions (like their European counterparts), GIs are perhaps the most ideal IP rights to foster and realise a programme like Make in India.

Quality issues in India

So why haven’t GIs naturally shown themselves up as a potential tool to aid the programme? One of the foundations of this initiative is the making of quality products. So, does the legal framework for the protection of GIs in India emphasise the importance of quality products? Europe has always recognised the need to preserve and maintain high quality in such origin-specific goods. The European law on the protection of names relating to agricultural goods and foodstuffs (ECR 1151/2012) recognises that GIs give a competitive advantage to producers and enable consumers to make more informed choices by providing clear information on origin-specific products and their characteristics. To preserve this consumer trust, the European law mandates: (i) effective verification and controls at multiple levels in the supply chain, ensuring compliance with product specification before placing it in the market and (ii) market monitoring of the use of the names to ensure legal compliance.

In contrast, India’s GI Act does not lay much emphasis on inspection and monitoring mechanisms for GI protection. The only two references thereto appear in the enabling rules in Rule 32(6)(g) and Form GI-1. While Rule 32(6)(g) requires an applicant to list particulars of the inspection structure, “if any”, to regulate the use of the GI, Form GI-1 perfunctorily asks for the details of an “Inspection Body”. Quality associated with geographical origin is the hallmark of a GI and the current legal framework evidently lacks teeth to ensure it. This perhaps explains why one has not heard of many GI success stories in India.

The current Indian legal framework for GIs needs to be strengthened to address quality control and consumer expectations by insisting on multi-layered quality control systems as a precondition for registration. Other important issues faced by GI producer bodies are market access and funding for enforcement and marketing. Still a greenhorn in GI protection, India must hand-hold producer bodies, look at successful models elsewhere and mould these to suit the ground realities of protection and enforcement in a developing country.

Every region in India boasts of many locally produced unique goods and this law, with a few amendments to fill the serious missing gaps described above, coupled with diligent implementation can turn into a magic wand for the Make in India programme.

It it also imperative to realize that most of the local industries who are engaged in production of such GI products are invariably still in the MSME sector. Therefore before they can achieve economies of scale and contribute significantly to the Make in India program, we must ensure that proper training, skill development and an overall favorable environment (in terms of labour laws etc.) is provided. Laying greater emphasis on inspection, monitoring etc is of no use unless these producers are enabled to become more competent and produce world class products.


 

 

 

 

 

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  • Context:-

    At the recently concluded Leaders’ Summit on Climate in April 2021, Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund plan that shall be offered to countries committed to arrest the decline of their tropical forests by 2030.

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    What is LEAF Coalition?

    • Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund.
    • LEAF is supported by transnational corporations (TNCs) like Unilever plc, Amazon.com, Inc, Nestle, Airbnb, Inc as well as Emergent, a US-based non-profit.

    Why LEAF Coalition?

    • The world lost more than 10 million hectares of primary tropical forest cover last year, an area roughly the size of Switzerland.
    • Ending tropical and subtropical forest loss by 2030 is a crucial part of meeting global climate, biodiversity and sustainable development goals. Protecting tropical forests offers one of the biggest opportunities for climate action in the coming decade.
    • Tropical forests are massive carbon sinks and by investing in their protection, public and private players are likely to stock up on their carbon credits.
    • The LEAF coalition initiative is a step towards concretising the aims and objectives of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) mechanism.
    • REDD+ was created by the United Nations Framework Convention on Climate Change (UNFCCC). It monetised the value of carbon locked up in the tropical forests of most developing countries, thereby propelling these countries to help mitigate climate change.
    • It is a unique initiative as it seeks to help developing countries in battling the double-edged sword of development versus ecological commitment. 
    • The initiative comes at a crucial time. The tropics have lost close to 12.2 million hectares (mha) of tree cover last year according to global estimates released by Global Forest Watch.
    • Of this, a loss of 4.2 mha occurred within humid tropical primary forests alone. It should come as no surprise that most of these lost forests were located in the developing countries of Latin America, Africa and South Asia.
    • Brazil has fared dismally on the parameter of ‘annual primary forest loss’ among all countries. It has lost 1.7 mha of primary forests that are rich storehouse of carbon. India’s estimated loss in 2020 stands at 20.8 kilo hectares.

    Brazil & India 

    • Between 2002-2020, Brazil’s total area of humid primary forest reduced by 7.7 per cent while India’s reduced by 3.4 per cent.
    • Although the loss in India is not as drastic as in Brazil, its position is nevertheless precarious. For India, this loss is equivalent to 951 metric tonnes worth carbon dioxide emissions released in the atmosphere.
    • It is important to draw comparisons between Brazil and India as both countries have adopted a rather lackadaisical attitude towards deforestation-induced climate change. The Brazilian government hardly did anything to control the massive fires that gutted the Amazon rainforest in 2019.
    • It is mostly around May that forest fires peak in India. However, this year India, witnessed massive forest fires in early March in states like Odisha, Uttarakhand, Madhya Pradesh and Mizoram among others.
    • The European Union’s Copernicus Atmospheric Monitoring Service claimed that 0.2 metric tonnes of carbon was emitted in the Uttarakhand forest fires.

    According to the UN-REDD programme, after the energy sector, deforestation accounts for massive carbon emissions — close to 11 per cent — in the atmosphere. Rapid urbanisation and commercialisation of forest produce are the main causes behind rampant deforestation across tropical forests.

    Tribes, Forests and Government

    Disregarding climate change as a valid excuse for the fires, Indian government officials were quick to lay the blame for deforestation on activities of forest dwellers and even labelled them “mischievous elements” and “unwanted elements”.

    Policy makers around the world have emphasised the role of indigenous tribes and local communities in checking deforestation. These communities depend on forests for their survival as well as livelihood. Hence, they understand the need to protect forests. However, by posing legitimate environmental concerns as obstacles to real development, governments of developing countries swiftly avoid protection of forests and rights of forest dwellers.

    For instance, the Government of India has not been forthcoming in recognising the socio-economic, civil, political or even cultural rights of forest dwellers. According to data from the Union Ministry of Tribal Affairs in December, 2020 over 55 per cent of this population has still not been granted either individual or community ownership of their lands.  

    To make matters worse, the government has undertaken systematic and sustained measures to render the landmark Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ineffective in its implementation. The Act had sought to legitimise claims of forest dwellers on occupied forest land.

    Various government decisions have seriously undermined the position of indigenous people within India. These include proposing amendments to the obsolete Indian Forest Act, 1927 that give forest officials the power to take away forest dwellers’ rights and to even use firearms with impunity.

    There is also the Supreme Court’s order of February, 2019 directing state governments to evict illegal encroachers of forest land or millions of forest dwellers inhabiting forests since generations as a measure to conserve wildlife. Finally, there is the lack of data on novel coronavirus disease (COVID-19) deaths among the forest dwelling population;

    Tardy administration, insufficient supervision, apathetic attitude and a lack of political intent defeat the cause of forest dwelling populations in India, thereby directly affecting efforts at arresting deforestation.

    Way Forward

    • Implementation of the LEAF Coalition plan will help pump in fresh rigour among developing countries like India, that are reluctant to recognise the contributions of their forest dwelling populations in mitigating climate change.
    • With the deadline for proposal submission fast approaching, India needs to act swiftly on a revised strategy.
    • Although India has pledged to carry out its REDD+ commitments, it is impossible to do so without seeking knowledge from its forest dwelling population.

    Tuntiak Katan, a global indigenous leader from Ecuador and general coordinator of the Global Alliance of Territorial Communities, aptly indicated the next steps at the Climate Summit:

    “The first step is recognition of land rights. The second step is the recognition of the contributions of local communities and indigenous communities, meaning the contributions of indigenous peoples.We also need recognition of traditional knowledge practices in order to fight climate change”

    Perhaps India can begin by taking the first step.