Emergence Of Geographical Indication In India

Tushar Arora & Akshatra Sharma, B.B.A. LL.B. (Hons), Graphic Era Hill University

ABSTRACT

Any rule governing the geographical indicators of such items, whether they are manufactured, natural, or agricultural, could adequately protect the rights of the people who make them. The prevention of unauthorized users exploiting geographical indications will protect consumers from fraud, boost the financial success of the manufacturers of such products, and advance goods bearing Indian geographical indicator in the commodity market. Under the settlement on Trade Related Aspects of Intellectual Property Rights different countries are not required to increase security under the agreement on trade-related aspects of intellectual property rights unless a geographical indicator is protected in the country where it originated. However, India will be expected to expand coverage for products imported from other countries that offer such security. Given this, it was crucial to have detailed regulations for recruitment and to provide enough security for geographic indicators. The Geographical Indications of Goods (Registration and Protection) Bill, 1999 was also introduced in Parliament.

Certain items have specific qualities in terms of flavour, fragrance, or quality, regardless of whether they are often found, agriculturally developed, or produced in a particular area of a country, a region, or a territory. Based on their starting name or regional indicator, these products are advertised. Kashmiri Apple Basmati Rice, Paris Aroma, French Champagne, Darjeeling Tea, Nagpur Orange, Swiss Chocolates, Russian Vodka, Banaras Silk and Bikaneri Bhujiya are only examples of products whose association with geographical indication has given them special significance. In order to attract customers, there has been an increasing trend to use deceptive or complicated product indications or sources.

Keywords: Geographical Indication, Goods, Registration, Protection