Every geographical region has its name and fame. Mostly the qualities and characteristics of certain goods attributable to some geographical locations and reputable to “as produce of certain region” come under Geographical Indications (GI). It is an emerging trend in Intellectual Property Rights. This review provides an overview of the past and current scenario of Geographical Indications in India with its challenges. It also provides a list of important Geographical Indications in India registered till today. The geographical indication in relation to goods, means an indication which identifies or classify such goods as agricultural goods, natural goods or manufactured goods as originating etc. It also considers territory of manufacture, a country, a region or specific locality. The quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin. The established registry of Government of India has two characteristics; (i) protection .
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Within the framework of the WTO's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), the protection of Geographical Indication (GI) has been one of the most controversial IPR (Intellectual Property Rights) problems over time. According to TRIPS, a geographical indicator (GI) is any label that designates a product as being from a certain location, when a product's reputation, quality, or other attributes are primarily linked to its origin. Additionally, a geographical indication (GI) grants a town, province, or nation the only right to use a term for a product that uniquely identifies that region and its particular features. India's GIs are safeguarded under the Geographical Indications of Goods (Registration and Protection) Act, 1999. In India, GI registration is not required. Should it be registered, it will provide enhanced legal protection to enable the filing of an infringement lawsuit.
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The Atmanirbhar Bharat (Self-reliant India) movement and the National Intellectual Property Rights Policy of India (2016) encourage the protection and promotion of local products, including those having Geographical Indications (GIs) (Box 1). Considering the country’s diversity and cultural richness, the current number of GI registrations (especially in agricultural and food products) is far below the potential. Moreover, the post-registration management of registered GIs has also been poor. If capacitated effectively, India’s pluralistic Extension and Advisory Services (EAS) can protect and promote local GI agri-food products and their producers. This paper briefs on how EAS can contribute to supporting producers of agri-food products.
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The Journal of Intellectual Property Studies (‘JIPS’) started its journey in 2016 with the goal of disseminating information on contemporary intellectual property rights issues. Intellectual property is a dynamic subject; and this journal tries to reflect the changes happening worldwide. In furtherance of this objective, JIPS, along with National Law University Jodhpur’s (‘NLU Jodhpur’) Department of Industrial Policy and Promotion-Intellectual Property Rights Chair has been exploring the practical grass-root level experiences of holders of geographical indication (‘GI’) in Rajasthan.
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Present paper attempts to correlate significance of geographical indications with trade practices in context with food and food industry. The role of GIs to protect the importance of local culture and tradition in the face of globalization is discussed. India's rich cultural diversity also shows that some traditional foods have benefits of nutritional sufficiency and market potential and once they are established as geographical indicators, their overall production and sale will definitely augment. Further these GI foods are pride of Indian cultural diets. The vast majority of GIs related to food are not well known and are often legally unprotected and the consumers consumes them realizing that those products are in fact GIs or what the GI represents. The practical considerations of pursuing and protecting a GI in Indian context are also provided.
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“Ceylon Tea has its own subculture and a heritage that nurtured over 140 years. It is a way of living and has plethora of attitudes. The rich cultures and secrets of the industry have refined through many generations.” As it is vividly illuminated by commentators,“Sri Lankan Tea” which is well known as “Ceylon Tea” has been not only a geographical indication but also has been pillar of Sri Lankan culture, heritage and identity. Sri Lankan tea industry is, of course, a top contributor of foreign exchange of the economy.With that practical insight, this article attempts to analyse the current protection of geographical indication in Sri Lanka from different perspectives. This article first addresses the economic, cultural and social importance of geographical indications. Secondly, it discusses the international legal instruments relating to Geographical indications.Thirdly, it examines the protection accorded for geographical indications under the current Intellectual Property regimes of Sri Lanka. This article also provides useful insights on Indian experience based on a case study of ‘Darjeeling Tea’. Finally, it offers several suggestions to enhance the protection of geographical indications in Sri Lanka.
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Geographical Indication (GI) has developed as a significant type of Intellectual Property Rights issue in India. It provides the right to use the indication for the product to their manufacturers or producers from that particular region. It also means that they have the legal right to prohibit the use of the sign or name which doesn't have certain qualities and characteristics ensured by the GI of that particular product. Till 30th September, 2020 out of 706 applications, 370 products were registered under GI in India. Some products were also registered by foreign countries in India. 15 products from 9 countries were registered for GI. Present paper emphasizes on process of GI registration in India, registration status of different products by states and year and highlight worldwide scenario of GI in force till 2018.
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Regardless of location, actors at the local, national, and international levels have an impact on livelihood decisions through their institutional structure, policies, and processes. The emergence of intellectual property rights (IPR) under the WTO framework is an example of how decisions made at the international level have an impact on millions of people's means of subsistence around the world. National governments have been forced to pass new regulations as a result, like the Geographical Indications Act of India, which was passed in 1999. Developing nations have applauded the inclusion of geographic indications (GIs) under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the WTO for its ability to advance rural development, generate wealth, and safeguard traditional knowledge. The price people are ready to pay for a GI certified product is directly related to the product's quality. This necessitates a complete reorganisation of the supply chain to conform to quality standards as well as to guarantee that GI money is distributed fairly along the supply chain. To promote trust and ease access to the market, this calls for developing relationships between stakeholders at all levels. Drawing on the success examples of GIs from around the world, the article addresses the major obstacles to GI implementation in the traditional livelihood sector, such as handloom weaving in India. GIs are a vital component of IPR.
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