Journal of Intellectual Property Rights

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Protection of Geographical Indication Products from Different States of India


Affiliations
1 University of Kashmir, Hazratbal, Srinagar, Jammu & Kashmir, India - 190 006, India
 

Geographical Indication protection is becoming an increasingly important issue for producers who consider that one of their main challenges is to secure a better legal protection for their product at the national and the international level. The purpose of this article is to assess and analyse the weaknesses in the protection system available for GIs in India, including difficulties in protection and enforcement of GI rights.The article further gives an analysis of data collected in a survey by the researcher relating to GIs in India and interaction with stakeholders. An analysis of the legal framework, data relating to GIs in India and interaction with stakeholders indicate that the legal framework available for the protection of GIs is quite insignificant in terms of scope, effect and protection. There is a loss of producers’ revenues caused by selling counterfeit products. In order to strengthen the existing system of GI protection, there is a need of creating awareness about protection of geographical indication products across India. Although national legislation has paved its way in protecting geographical Indications, the government requires the producers and the stakeholders to realize their responsibilities and come up for the registration of their products under the GI Act.

Keywords

Geographical Indications, Intellectual Property Rights, GI Act, Lack of Awareness, Authorized Users, Stakeholders.
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  • Addor F &Grazioli A, Geographical indications beyond wines and spirits: A roadmap for a better protection for geographical indications in the WTO TRIPS Agreement, Journal of World Intellectual Property, 5 (6) (2002) 865-897.

  • The Geographical Indications of Goods (Registration and Protection) Act, 1999, http://www.ipindia.nic.in/writereaddata/Portal/IPOAct/1_49_1_gi-act-1999.pdf (accessed on 2 April 2017).

  • Status of GI applications, http://ipindiaservices.gov.in/GirPublic/DetailsGIR.aspx (accessed on 2 April 2017).

  • Verma G L, Deputy Registrar of Trademarks, Govt. of India, was interviewed on 18 February 2013 in Delhi IPO –Dwarka.

  • DilliHaat is located in one of the most important commercial centres of South Delhi, opposite to INA market. It was established and opened in 1994 with the joint venture of Delhi Tourism (DTDC), D.C (Handicrafts), NMDC, D.C. (Handlooms) and Ministry of Tourism and Textile, Government of India. There are fixed stalls representing many States. Here one sees a synthesis of crafts, food and cultural activity. It aims at providing encouragement to the needy artists from all over the country in order to sustain and preserve the rich heritage of India. DilliHaat is not just a market place; it has been visualized as a showpiece of traditional Indian culture- a forum where rural life and folk art are brought closer to an urban clientele.

  • Strung out along Baba Kharak Sing Marg, Delhi are the official emporiums of the different Indian states, showcasing state-produced goods and handicrafts. Shopping here is like taking a tour around India – top stops include Kashmir, for papermache and carpets, Rajasthan, for miniature paintings and puppets, Uttar Pradesh for marble in lay work, Karnataka for sandalwood sculptures, Tamil Nadu for metal statues and Odisha for stone carvings.

  • “Geographical Indication”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. Explanation:- For the purposes of this clause any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be.

  • Protected GI products in different states of India, http://ipindiaservices.gov.in/GirPublic/DetailsGIR.aspx(acce ssed on 2 April 2017).

  • http://www.ipindia.nic.in/gi.htm(accessed on 2 April 2017).

  • Narrative technique uses different approaches to look for personal stories or analyzing narratives that allows having a clear understanding of the surroundings where people interact with one another

  • The studied sample cannot be considered as representative and should be treated only as case studies

  • Most of the respondents emphasized on the need for raising awareness of stakeholders and benefits an industry can derive from registering GIs.

  • The legal analysis is based on the information gathered between January to July 2013.

  • One to one interviews with the producers revealed very low awareness about the GI protection.

  • When asked whether they would use the present GI system the producers replied positively.

  • The desk research also points out that the registration procedure in India is not very complicated. The lack of support by industrial associations came out very prominently in the survey. These findings and the comparative data clearly point to the need for more awareness programmes and a greater role by industrial associations in helping the small firms in filing for registration and other legal assistance.

  • Gopalakrishnan N S, Nair P S & Babu A K, Exploring the Relationship between Geographical Indications and Traditional Knowledge: An Analysis of the Legal Tools for the Protection of Geographical Indications in Asia, Working Paper, Geneva: International Centre for Trade and Sustainable Development (ICTSD), 2007.

  • GI Registry Office, Chennai, as on October 2014.

  • The registration process for a product “Banginapalli mango” from Hyderabad, which was under the stage of examination by a committee of experts on 18 February 2013 in Delhi IPO – Dwarka. The liberal approach on the part of officials was observed.

  • http://www.ipindia.nic.in/the-registration-process-gi.htm (accessed on 2 April 2017).


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  • Protection of Geographical Indication Products from Different States of India

Abstract Views: 259  |  PDF Views: 97

Authors

Anna Bashir
University of Kashmir, Hazratbal, Srinagar, Jammu & Kashmir, India - 190 006, India

Abstract


Geographical Indication protection is becoming an increasingly important issue for producers who consider that one of their main challenges is to secure a better legal protection for their product at the national and the international level. The purpose of this article is to assess and analyse the weaknesses in the protection system available for GIs in India, including difficulties in protection and enforcement of GI rights.The article further gives an analysis of data collected in a survey by the researcher relating to GIs in India and interaction with stakeholders. An analysis of the legal framework, data relating to GIs in India and interaction with stakeholders indicate that the legal framework available for the protection of GIs is quite insignificant in terms of scope, effect and protection. There is a loss of producers’ revenues caused by selling counterfeit products. In order to strengthen the existing system of GI protection, there is a need of creating awareness about protection of geographical indication products across India. Although national legislation has paved its way in protecting geographical Indications, the government requires the producers and the stakeholders to realize their responsibilities and come up for the registration of their products under the GI Act.

Keywords


Geographical Indications, Intellectual Property Rights, GI Act, Lack of Awareness, Authorized Users, Stakeholders.

References