Journal of Intellectual Property Rights

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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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