Sambhav-2025

Approach Define Geographical Indications (GIs) and their significance Discuss the legal and procedural framework for Geographical Indications in India. Assess the effectiveness of GI protection framework in safeguarding traditional knowledge and crafts. Conclude appropriately by proposing the way forward.

Introduction

Article 22 (1) of Trade-Related Aspects of Intellectual Property Rights (TRIPS) defines GIs as “indications which identify a good as originating in the territory of a member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin”.

Body

Legal Framework and Governance:

• GI is governed under the Agreement on TRIPS at the World Trade Organisation (WTO).
• The Geographical Indications of Goods (Registration and Protection) Act, 1999 seeks to provide for the registration and better protection of geographical indications relating to goods in India.
• Paris Convention emphasises protecting industrial property and geographical indications in Articles 1(2) and 10.

Effectiveness of GI Protection Framework :

Positive Outcomes:

• Preservation of Traditional Craftsmanship:GIs help preserve the uniqueness of traditional products and crafts, ensuring that the knowledge and techniques passed down through generations remain intact.
  • For example, Mysore Silk, with its GI status, ensures that the traditional weaving process of Mysore artisans is preserved and not exploited by non-local producers.
• Economic Benefits for Local Communities:GIs provide an economic boost to local producers by ensuring that their products command a premium in the market.
  • A good example is Darjeeling Tea, where the GI registration has not only safeguarded its authenticity but also resulted in better market access and fairer returns for local farmers.
• Protection of Traditional Knowledge:GIs act as a tool for preserving indigenous knowledge associated with products.
  • For instance, the GI status of Kashmiri saffron ensures the protection of traditional farming techniques specific to the region, safeguarding both the product and the knowledge behind its cultivation.

Concerns and Limitations :

• Complex Registration Process:Registration forms and application processing times need simplification for easier compliance.
  • The current application acceptance ratio is only about 46% in India.
• Ambiguity in Producers' Definition: The lack of clarity in defining "producers" in the GI Act of 1999 leads to the involvement of intermediaries.
  • Intermediaries benefit from GIs, diluting the intended advantages for genuine producers.
  • Disputes have arisen over the use of the term ‘Darjeeling’ by ITC, which led to the infringement of their registered Geographical Indication (GI).
• Counterfeiting: The global demand for certain GI products has led to counterfeiting and misuse, affecting the revenue of genuine producers.
  • India and Pakistan have been involved in disputes over the Geographical Indication (GI) tag for Basmati Rice
• Enforcement Issues: Effective enforcement of GI protection laws remains a challenge, especially in regions where local authorities lack the resources to monitor and prevent misuse.
  • Mysore Silk faces challenges with unregistered products being sold under the same name.

Conclusion

Widespread grassroots awareness campaigns are needed to educate producers about the benefits of GI registration and protection. A stronger enforcement mechanism should be established to prevent GI misuse, with stricter penalties for counterfeiters. Integrating GIs with initiatives like the One District One Product (ODOP) scheme can promote these products and expand their market reach.