Today's age is truly a knowledge based one and all competition driven by this. In this era based on & driven by knowledge, it is this entity which has become a valuable commodity to be traded in and used to one's economic advantage. But only protected knowledge can generate wealth. Hence for this transition of "Saraswati" into "Laxmi", "knowledge protection" assumes all the more significance.

Moreover, since globalization is here, there is an increasing threat to all forms of knowledge. Knowledge & products transcending boundaries has brought in huge opportunity but blurring of barriers resulting in free flow of knowledge & information across geographies, poses a threat also. Not that free flow of knowledge is bad, but at times, it adversely affects people's business and even the very means of livelihood of a huge section of society.

Intangible assets such as one's knowledge, creative genius or brand name today have become more crucial in determining one's competitive edge. These, the Intellectual Property or IP and IPRs (Intellectual Property Rights), the exclusive rights of creators over their creations, need to be adequately managed.

Talking of "knowledge protection", we generally tend to ignore "Traditional Knowledge" (TK), which is nothing but the knowledge that has flowed down the generations of societies in different parts of the world. This ranges from folk art & music to folk medicine, traditional arts, craft & skills and techniques of production, herbal knowledge etc. Today, TK too needs protection. "Yoga" - "Indian TK" - like "Haldi" & "Neem", is being patented in the US. Similarly, the knowledge base and TK based products in artisanal clusters are under threat for misuse of their brand name. Such clusters are groups of small & tiny informal set-ups producing traditional, ethnic, handcrafted products using the locally available creative genius, skill, techniques and raw materials of the particular region. Artisanal products of repute like the "Orissa Ikat" or "Channapatna toys" or "Madhubani paintings" or "Sanganer" prints etc. are products in which the artisan's contribution is of prime importance. There are around 3,000 Artisanal clusters in India.

There are some products which have peculiar regional tinge to them. For example the world famous "Basmati rice" or "Darjeeling Tea" or "Banarasi silk" or "Champagne" or "Scotch". These are very different from similar products produced elsewhere. I call these 'Regional products' for the simple reason that they owe their characteristics to the region they come from. The one common factor - the region factor - like " Darjeeling ", "Banarasi", " Champagne ", " Scotland " - is what governs their brand value.

When you buy "Banarasi silk", you have a particular perception in mind. That's why you buy it. Long back, when the great Shakespeare said "What's in a name? A rose will smell as sweet by any other name" may not be so true today. Nowadays, everything's in a "name" or rather "brand name". So a saree by another name may not appeal to someone apart from " Kota " or "Banarasi" or a chappal other than "Kolhapuri" or tea other than " Darjeeling " or a wine other than " Champagne ". The problem arises when we buy "Banarasi silk" which is not actually "Banarasi". It may not even be from " Banaras " and worse still not even be from India .

How such geographical brand names are misused is evident from the following examples. We have "Kolhapuri chappals"- Made in Germany and "Banarasi saree" and "Pashmina shawls"- Made in China.

These clear cut "misleading geographical identities" free riding on the reputed brand names of certain 'regional products', not only deceive the consumer, but also spoil the reputation of the "original" and eats into the very basis of sustainability of producer communities. Lack of an effective brand protection strategy for such products continues to propel such fakes in the market. The cheaper and impressive power loom look alikes do better business than their Handloom counterparts. This is eroding the 'genuine' artisanal product market and has a negative trade impact.

The legal mechanism of "Geographical Indications" fulfills this need for protection. This IP tool basically provides correct information regarding the "origin" of the product. It also indicates a certain quality & typical characteristics of the product due to its being from the indicated region. GIs generally consist of the name of place of origin of the goods -like " Darjeeling ", "Kullu", " Champagne ", or "Swiss. The Geographical Indications Act of India was passed in 1999 end began implementation from mid-Sept. 2003. More than 60 products have been registered, a major chunk, half of this figure, in the past year alone.

Counterfeit regional products are a source of unfair trade balances - producers of original stuff find it hard to make both ends meet while those churning out duplicates are doing roaring business. The poor producer communities - whose craft, skill or TK is their sole tool for earning a livelihood, are unable to sustain themselves. As a result they either resort to menial jobs or migrate out of their habitat. This leads to many of our cultural traditions dying out.

GIs come in as a strategic tool to give legal protection to such products. GIs are "community owned brands"- as opposed to other IPRs, which are individual oriented. They benefit the entire producer community, thereby bringing them the deserving economic returns & commercial benefits from their traditional knowledge & creative skills - their IP. Typical artisanal products from different regions of the country, their typicality being their USP, attracting sincere clientele, once registered, will command a premium price.