Journal of Intellectual Property Rights

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Additional Protection for Geographical Indications in India: A Working of Section 22 (2) of Indian GI Act


Affiliations
1 University School of Law and Legal Studies, GGS Indraprastha University, NLSIU, Bangaluru – 560 072,, India
 

While Article 22 of the TRIPS Agreement grants a common minimum standard of GI protection to all goods, by virtue of Article 23 of TRIPS, ‘wines and spirits’ are given a higher level or additional protection, which is a complimentary protection in addition to the Article 22 common protection. At the national front, India has the highest registrations of GIs in agricultural and handicrafts classes of goods. Section 22 (2) and (3) of Geographical Indications of Goods (Registration & Protection) Act, 1999 enable India to grant additional protection to ‘certain goods’ - the expression ‘certain goods’ is not defined in the Act. Section 22 (2) grants the Central Government, the authority to provide additional protection to certain class of goods by publishing a notification in the Official Gazette to that effect. When Article 23 of TRIPS Agreements qualifies only wines and spirits for higher level protection; the Indian GI statute does not restrict the additional protection to any specific class/es of goods. This paper critically examines the ‘working of section 22 (2) of Indian GI Act.’

Keywords

Geographical Indication, Additional Protection, TRIPS Agreement, Section 22 (2) Notification, Higher Level Protection.
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  • World Intellectual Property Organisation.

  • WIPO, Geographical Indications, https://www.wipo.int/ geo_indications/en/#:~:text=A%20 geographical%20indication %20(GI) (accessed on 27 April 2022).

  • Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM), Dept. of Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, GOI, https://ipindia.gov.in/writereaddata/Portal/Images/pdf/GI_Appl ication_Register_16-11-2021.pdf (accessed on 27 April 2022).

  • European Commission’s EAmrosia – The EU GI Register.

  • https://ec.europa.eu/info/food-farming-fisheries/food-safety-andquality/ certification/quality-labels/geographical-indicationsregister/ tdt (accessed on 26 April 2022).

  • Information received by the author on 20 April 2022 from GI registry, Chennai, India, as response to RTI. Office of the CGPDTM, Dept. of Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, GOI, https://ipindia.gov.in/writereaddata/Portal/Images/pdf/GI_Appl ication_Register_16-11-2021.pdf (accessed on 27 April 2022).

  • Reddy J A & Chatterjee S, A critique of the Indian Law and approach towards protection of Geographical Indications with specific reference to genericide, Journal of Intellectual Property Rights, 12 (2007) 572.

  • https://dpiit.gov.in/sites/default/files/notification_GI_01Oct20 10%20%2013_0.pdf, (accessed on 22 April 2022).

  • Comprehensive Economic Partnership Agreement (CEPA) between the Government of the Republic of India and the Government of the United Arab Emirates (UAE).

  • Class 18 under Nice classification: - Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.

  • Reg. No: 75035154, applicant: Delta Lingerie; Class 25: Clothing, footwear, headwear as per Nice Classification.

  • Class 35: Advertising; Business management, organization and administration; Office functions. Registration number: 76191212, though as per the information available, the registration under class 35 is expired as of now, https://trademark-search.marcaria.com/en/result?trademark= darjeeling& country=us&status=1&mode=3&searchby=1 (accessed on 27 April 2022).

  • https://www.statista.com/statistics/255971/top-countriesbased- on-rice-consumption-2012-2013/ (accessed on 21April 2022).

  • https://www.fao.org/india/fao-in-india/india-at-a-glance/en/ (accessed on 23 April 2022).

  • https://tradingeconomics.com/india/agricultural-land-percentof- land-area-wb-data.html#:~:text=Agricultural%20land%20 (%25%20of%20land%20area)%20in%20India%20was%20rep orted,compiled%20from%20officially%20recognized%20sour ces (accessed on 24 April 2022).

  • https://www.ibef.org/blogs/india-s-handicraft-crafts-a-sectorgaining- momentum (accessed on 21 April 2022).

  • UNCTAD’s survey shows that ‘consumers are ready to pay a premium of 10 -15 percent for GI registered agricultural and non-agricultural products. Irene Calboli & Ng-Loy Wee Loon (eds.), Geographical Indications at the Crossroads of Trade, Development and Culture: Focus on Asia-Pacific 337 (2017).

  • Lamphun brocade Thai silk from Thailand.


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  • Additional Protection for Geographical Indications in India: A Working of Section 22 (2) of Indian GI Act

Abstract Views: 185  |  PDF Views: 106

Authors

Lisa P Lukose
University School of Law and Legal Studies, GGS Indraprastha University, NLSIU, Bangaluru – 560 072,, India

Abstract


While Article 22 of the TRIPS Agreement grants a common minimum standard of GI protection to all goods, by virtue of Article 23 of TRIPS, ‘wines and spirits’ are given a higher level or additional protection, which is a complimentary protection in addition to the Article 22 common protection. At the national front, India has the highest registrations of GIs in agricultural and handicrafts classes of goods. Section 22 (2) and (3) of Geographical Indications of Goods (Registration & Protection) Act, 1999 enable India to grant additional protection to ‘certain goods’ - the expression ‘certain goods’ is not defined in the Act. Section 22 (2) grants the Central Government, the authority to provide additional protection to certain class of goods by publishing a notification in the Official Gazette to that effect. When Article 23 of TRIPS Agreements qualifies only wines and spirits for higher level protection; the Indian GI statute does not restrict the additional protection to any specific class/es of goods. This paper critically examines the ‘working of section 22 (2) of Indian GI Act.’

Keywords


Geographical Indication, Additional Protection, TRIPS Agreement, Section 22 (2) Notification, Higher Level Protection.

References