Geographical Indication: Legal Vehicle For Rural Development

Dr. Nidhi Buch, Assistant Professor of Law & Head, GNLU Centre for IPR, Gujarat National Law University, Knowledge corridor, Koba – Gandhinagar Gujarat, India

ABSTRACT

Geographical Indication (GI) which was once considered a sleeping beauty is no more a neglected form of Intellectual Property. GI being increasingly protected as a form of intellectual property plays a vital role in the economy especially in rural development. Products having unique characteristics solely attributable to its geographical origin are recognized with GI tag. It is a legal vehicle which can protect and preserve socio cultural heritage of any community. Products like Dargeeling Tea, Basmati rice, Banarasi Brocade are examples of local products capturing global market. Having origin in specific area GI has potential for development of rural areas in terms of ensuring socio-economic progress. GI being a collective right can contribute more towards public good. It has emerged as a tool to protect and assure the quality of goods having a specific geographical origin. In this context the article makes an attempt to explore the relationship between GI protection and sustainable rural development in India with particular reference to scope and significance of legal framework for GI protection. Conceptual analysis and historical evolution of GI forms first part of this article. Second part provides for an overview of past and present framework for GI protection in India. The author further analyses how GI can play a crucial role by creating local employment, preserving traditional knowledge and conserving biodiversity in the third part. Need for collective action on part of all stakeholders for materialising actual benefits from GI protection in terms of socio-economic gain is highlighted in the conclusive part of the article. Finally, the article ends with an observation that in the age of global competitiveness, GI as legal vehicle has significant potential for sustainable rural development which is vital for a country like India.

Keywords: Geographical indications, intellectual property, rural development.