Muga Silk is a type of silk, autochthonous to the state of Assam, depicting their culture and heritage. Mekhela Chador, the traditional attire of Assam, even worn by the Bihu Dancers is made from Muga Silk. Owning this traditional attire made of Muga Silk is considered a matter of pride for people in Assam. The use and existence of Muga silk were mentioned in Kautilya’s Arthashastra. The GI law restricts the registered indication to the authorised users of a particular territorial area. The unique natural golden yellow wild silk of Assam was protected under GI since 2006 owning to its importance in the state and its mention as one of the finest silks. But has this protection been sufficient to protect against counterfeit products or fulfil the very purpose of GI?

The Geographical Indications of Goods (Registration and Protection) Act, 1999 provides the authorised user exclusive right to use the product for which the GI is registered[1]. Any other entity beyond the authorised user, using the same will result in infringement of law. Muga silk often faces tough competition from a type of silk known as Moonga Silk, sold in the markets of Delhi, Bihar, Jharkhand and UP. Moonga silk is further advertised using pictures of Muga Silk[2] and misguides the target audience in believing Muga Silk is synonymous to Moonga Silk. Many people are not aware about the characteristic natural golden yellow colour of Muga Silk and thus continue to buy Moonga silk considering it to be Muga Silk. The Silk Board of India has confirmed that Moonga Silk does not exist still it continues to be sold in the market synonymous to Muga Silk and no infringement action is taken against it. Even if infringement action is taken in the future, the burden of proof will lie on the users of Muga Silk to prove that sale of Moonga silk synonymous to Muga silk has diluted its image and that they have incurred substantial monetary losses and loss of reputation. The defendants of Moonga silk can easily defend by stating that Moonga is substantially different from Muga and there is no infringement of passion of the GI.

Muga vs Moonga is just one of the many instances where GI laws fail to adequately protect the registered GI products. Other textile products like Banarasi Silk sarees face tough competition from the synthetic fibre from China or states continue to fight over GI as in the case of Rasgulla GI war between West Bengal and Orissa. In India, rather than protecting the GI and obtaining a premium price for registered GI by the authorised users and benefitting the users and others who have a stake in the GI, emphasis is more on which states have a greater number of registered GI products. Hardly any GI infringement suits are filed against the infringer. The lack of awareness about GI laws, strategies and measures post-registration, no proper enforcement measures by the regulatory authorities and lack of brand building and advertising the GI further exacerbates the problem. It is time the authorities step up and take conclusive steps to deal with such infringing unlawful activities. In the present instance, the authorised users of  Muga silk should take proactive steps and measures against infringers of registered Muga Silk GI and keep it intact as the registered GI of Assam.

[1] Section 21

[2] https://www.exportersindia.com/m-r-handloom-fabrics/moonga-silk-fabric-1322041.htm