GEOGRAPHICAL indications are a form of intellectual property that recognise products originating from specific regions, linking their distinctive qualities, reputation, or physical characteristics to those areas. In Bangladesh, GIs are not merely a tool for safeguarding heritage items; they play a vital role in supporting livelihoods in rural areas and enhancing the nation鈥檚 economic potential. The country boasts a rich artisanal and agricultural history, with iconic products such as Jamdani sarees, Tangail sarees and Sundarban honey, locally called madhu, commanding substantial cultural and market value.
Despite this, Bangladesh faces persistent challenges in protecting its GIs, which are compounded when disputes arise with neighbouring countries. The Jamdani saree was Bangladesh鈥檚 first GI, registered under the 2013 GI Act and recognised by UNESCO as an Intangible Cultural Heritage in the same year. However, India had already registered a variant called the 鈥楿ppada Jamdani鈥� in 2009, creating global confusion over rights and ownership. Similarly, Sundarban honey, which originates from the mangrove forests of Bangladesh, was registered as a GI in India in 2024 before Bangladesh could finalise its own registration, despite being the primary producer.
These incidents reveal flaws in both Bangladesh鈥檚 legal framework and administrative machinery. While GIs offer significant benefits to national culture and commerce, weaknesses in enforcement, delayed registration processes and reactive policy implementation have allowed foreign claims to gain international recognition for products traditionally associated with Bangladesh. These administrative, legal and cross-border challenges need attention as they jeopardise the authenticity and economic viability of Bangladesh鈥檚 heritage products. We need to explore potential remedies including legal reform, regional cooperation and Trade-Related Aspects of Intellectual Property Rights based mechanisms. Jamdani sarees and Sundarban honey provide illustrative examples of these stakes.
Bangladesh鈥檚 most celebrated products are increasingly losing ground to pre-emptive or parallel GI registrations in India. This generates market uncertainty, diminishes cultural authorship, and reduces prospective export premiums. A notable example is the 鈥楾angail Saree of Bengal,鈥� which India granted GI status to in January 2024, citing West Bengal as the applicant. Tangail is a place in Bangladesh, and even India鈥檚 own filing documents referenced the Bangladeshi location. Bangladesh moved to register Tangail domestically only after India鈥檚 action and is now preparing a legal challenge.
A similar scenario occurred with Sundarban honey. Although roughly 60 per cent of the Sundarbans lie within Bangladesh, and the government had applied for GI registration in 2017, India鈥檚 West Bengal Forest Development Corporation registered the product first on January 2, 2024, showcasing it internationally at a WIPO conference in May 2024. This created worldwide attention before Bangladesh could complete its registration. India鈥檚 earlier registration of Uppada Jamdani in 2009 had already complicated the international identity of Jamdani years before Dhakai Jamdani was registered in 2016, risking the name鈥檚 distinctiveness despite Dhaka鈥檚 centuries-old weaving tradition.
These developments exploit structural asymmetries between the two countries. India鈥檚 GI machinery is more robust, faster and better resourced, while Bangladesh has been slow, reactive and often hindered by administrative inertia. Sundarban honey鈥檚 application, for instance, sat for years without decisive action, reflecting systemic delays. The result is that Bangladeshi producers lose first-mover advantages abroad, bargaining power over co-owned heritage diminishes, and they face the risk of unfair competition under names intrinsically tied to their own regions. When a GI denotes a geographic source that is widely recognised as Bangladeshi, such as Tangail, it raises serious Trade-Related Aspects of Intellectual Property Rights Article 22 concerns over misleading consumers. At the very least, international confusion undermines the clarity and consumer protection that Trade-Related Aspects of Intellectual Property Rights is designed to ensure.
Bangladesh has a strong legal basis to contest India鈥檚 registrations. Jamdani sarees, in particular, have deep historical and cultural roots in Dhaka. The Basmati rice dispute provides a precedent: courts adjudicated ownership based on specific regional traits and historical boundaries. Bangladesh can similarly assert that its Jamdani sarees are unique to local craftsmen and their weaving techniques, forming an essential part of Dhaka鈥檚 cultural history.
The Bangladesh GI Act 2013, aligned with Trade-Related Aspects of Intellectual Property Rights recommendations, gives the government a firm foundation to counter foreign claims. Section 29 allows legal action against fraudulent use of GIs, while Article 10 protects native products from false claims regarding geographic origin, such as India鈥檚 assertions about Jamdani. While Bangladesh has traditionally responded reactively, these provisions allow the country to challenge India鈥檚 registrations proactively, enforcing the principle that only products with verifiable geographic ties should receive GI protection.
The situation with Sundarban honey is equally compelling. The Sundarbans, shared between Bangladesh and India, host the world鈥檚 largest mangrove forest. This unique ecosystem directly affects the honey鈥檚 characteristics. Despite India鈥檚 2024 registration, Bangladesh can argue that most Sundarban honey comes from its territory, reinforcing its GI claim. Section 10 of the GI Act further strengthens protection by clarifying the sale and origin of products from shared regions. Much like the Basmati dispute, resolution should focus on historical and ecological provenance rather than market dominance, recognising Bangladesh as the principal producer. Bangladeshi Sundarban honey has a long-standing presence in global markets, which further supports its claim.
Bangladesh鈥檚 position is reinforced by international conventions safeguarding cultural heritage and biodiversity. The 2003 UNESCO Convention on the Protection of Intangible Cultural Heritage and the 1992 Convention on Biological Diversity provide a strong international framework for protecting GIs as part of national identity and ecological assets. Products like Jamdani sarees and Sundarban honey are more than commodities; they symbolise Bangladesh鈥檚 economy, culture and sovereignty. Their protection is crucial for maintaining national heritage and asserting Bangladesh鈥檚 place on the global stage.
In conclusion, while Jamdani sarees and Sundarban honey face significant threats due to delayed government action and foreign GI claims, Bangladesh has a robust legal foundation to assert its rights. By leveraging domestic legislation, particularly the GI Act 2013, alongside international agreements such as Trade-Related Aspects of Intellectual Property Rights, UNESCO and the Convention on Biological Diversity, the country can defend its cultural and ecological heritage. These cases also illustrate the urgent need for proactive legal measures, administrative efficiency, and regional cooperation to secure Bangladesh鈥檚 intellectual property in the global marketplace. Without decisive action, centuries-old craftsmanship and unique ecological products risk being misattributed, undermining both economic potential and national identity.
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Samanta Azrin Prapty holds an LLB and LLM specialised in international commercial law from North South University.
