Geographical Indication Dispute of Nakshi Kantha between Bangladesh and India

Abstract

Nakshi Kantha is a Bengali embroidery tradition, granted geographical indication (GI) status in both India and Bangladesh and is a case study of cross-border conflicts over traditional cultural products in post-colonial South Asia. The issue became particularly significant after India registered “Nakshi Kantha” as a geographical indication for West Bengal in 2008. Bangladesh enacted its Geographical Indication (Registration and Protection) Act only in 2013 and subsequently registered “Jamalpur Nakshi Kantha” in 2024. The dispute cannot adequately be understood as a simple question of which country “owns” Nakshi Kantha. GI law is fundamentally territorial and protects a geographical indication in a defined territory, rather than conferring exclusive historical ownership of a cultural tradition on a state. Nakshi Kantha serves practical needs (bedding, wraps, baby covers, floor spreads) while functioning as gifts for marriages, departures, or honoring elders due to protective or auspicious symbolism. It is a living testament to Bengal’s material culture, i.e., resourceful, narrative, and resilient. The GI registration in both India and Bangladesh operate within different territorial legal systems. GI protection does not function like a worldwide patent or copyright. TRIPs establishes minimum standards, particularly through Article 22 for products such as handicrafts, but leaves substantial responsibility to national systems. Current research is a qualitative empirical legal study using structured documentary analysis and secondary analysis of published field evidence exploring the history and GI claims of both countries.