Geographical Indication: An Emerging Trend in Intellectual Property Rights
Keywords:
Geographical Indications, IPR, Property RightsAbstract
The impacts of TRIPS and the process of globalization have made it possible for some other Intellectual Property Rights to be recognized and codified alongside Copyright, Designs, Patents, and Trademarks. These rights have yet to be incorporated into Indian law. Geographical Indications are among the rights recognized and protected under TRIPS. According to the TRIPS agreement, the purpose of protecting geographical indications is to establish an association between the product and its geographical origin. A geographical indication is used to identify goods from a certain geographic region, based on the idea that those goods are likely to possess a certain quantity, reputation, or other characteristics. A number of gods have been associated with particular regions or localities in different parts of the world, such as Champagne or Scottish Whisky. The main objective of this paper is to provide a better understanding of Geographical Indication, as well as the importance of Geographical Indication protection in India and internationally.
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References
https://ipbulletin.in/geographical-indications-and-challenges/,
https://www.altacit.com/gi/the-protection-of-geographical-indication-in-india
https://www.altacit.com/gi/the-protection-of-geographical-indication-in-india
http://www.trademarkiso.com/geographical-indignation-registration
https://www.wto.org/english/tratop_e/trips_e/gi_background_e.htm
GI in the WTO & Doha Negotiations by Miguel Rodriguez Mendoza presented in Worldwide Symposium on GI. www.wipo.int/edocs/mdocs/geoind/en/wipo_geo_bei_07-/wipo_geo_bei_07-_-www_81777.doc
TRIPS AGREEMENT – Article 23
The Geographical Indications of Goods (Registration and Protection) Act, 1999 – Section 2 (e)
“Geographical indication”, in relation to goods, means an indication that 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 characteristics of such goods is essentially attributable to its geographical origin and in the 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.
The Geographical Indications of Goods (Registration and Protection) Act, 1999 – Section 21 (a)
Section 6(1) states that: For the purposes of this Act, a record called the Register of Geographical Indications shall be kept at the Head office of the Geographical Indications Registry, wherein entered all registered geographical indications with the names, addresses and descriptions of the proprietors, the names, addresses and descriptions of authorized users and such other matters relating to registered geographical indications as may be prescribed and such registers may be maintained wholly or partly on computer.
The Geographical Indications of Goods (Registration and Protection) Act, 1999 – Section 11(3)
The Geographical Indications of Goods (Registration and Protection) Act, 1999 – Section 18 (1)
https://ipbulletin.in/geographical-indications-and-challenges
