By Kartikey Gaur
INTRODUCTION
A geographical indication is a symbol used in products with a specific local origin and
includes attributes or reputations of that origin. It is given mainly to agricultural,
natural, artificial, handicrafts from a particular local area. Geographical Indicators (GI)
are one of the IPR types that identify as good as originating in a particular country, or
region in that particular field where a given quality, reputation, or another aspect of
attributable based on its geographical origin. The relationship between objects and
the place is so well known that any reference to that place is reminiscent of the goods
from there and vice versa.
There are three functions:
- First, they identify the goods from which a particular region or region comes;
- Second, they suggest to consumers that goods come from a region where the
given quality, reputation, or other characteristics of the goods are actually due
to their origin; - Third, they develop the goods of manufacturers in a particular region. They
suggest to the consumer that the goods come from an area where a given
quality, reputation, or other features of the goods are important in the local
region.
A Geographical Indication is a type of sign used for goods that have a specific local
origin and that have the appropriate characteristics or reputation due to that particular
area of origin. Basmati rice and Darjeeling tea are examples of G.I. from India.
Article 22 of the TRIPS Agreement defines a landmark as “signs from a member’s area
or identifying a good place in a place or place where a given quality, reputation, or
specialty is given in its place where it is given”.
As a result, India was launched in 1999 with the signing of the TRIPS Agreement as a
member state of the Sui-Generis Protocol on the Protection of the Geographical
Index. The Geographical Indicators Goods (Registration and Protection) Act, 1999, has
three categories:
- By certain rules governing the production of goods in the country, which may
adequately protect the interests of the manufacturers of such goods, - Excluding unauthorized people from abusing local signals and protecting
consumers from fraud, too - Promoting goods that carry Indian space in the export market.
A registered trademark in any way prohibits the use of a trademark that indicates the
placement or display of goods that the goods originated in a particular area. For
example, Basmati rice and Darjeeling tea are examples of G.I. from India. The
connection between the goods and the environment is so noticeable that any
reference to the place is reminiscent of those particular goods produced there and
the conflict. Some examples of Indian local indicators registered in India are:
● Basmati rice
● Darjeeling tea
● Banaras Brocades and Sarees
● Coorg orange
● Phulkari
● Particles of Kolhapuri
● Kanjivaram sarees
● Agra Petha
HISTORY OF GEOGRAPHICAL INDICATION
The government protects trade names and trademarks used in context in food
products identified in a particular region, which until the end of the nineteenth
century, laws were enacted or passed inaccurate misinterpretations of the trade. In
such cases, competitive freedom resulting from the provision of bulk use in a
designated area agrees with the government on consumer protection benefits or
producer protection benefits.
One of the first G.I. systems used in France since the beginning of the twentieth
century are known as the Appellate d’Origine Controloli (AOC). Items that meet local
origin and quality standards can be approved with a government stamp that serves as
an official certificate of product origin and standards to the consumer. Examples of
products with such ‘appellation of origin’ include Gruyère’s cheese (from Switzerland)
and several French wines.
Among the major developing economies, India has a fast and efficient G I marker.
Geographical directions are closely associated with the concept of Terrero and as a
unit with Europe, where there is a tradition of linking certain food products to specific
regions and their origins. India has put in place the Sui Generis system of G.I. rules.
security and G.I. protection in particular. “Sui Generis” can be described as a genre
and includes internationally accepted laws. The laws relating to the preservation of
G.I.s in India are the ” Geographical Indication (Registry and Protection) Act, 1999 ‘(G.I.
Act), and the Regulations on the Registration and Protection of Property) of 2002 (G.I.
Rules). India set up G.I. national law which enforces national intellectual property laws
in accordance with Indian obligations under TRIPS. Under G.I. Act, under the G.I. The
law, with effect from 15 September 2003, the Central Government has established the
Geographical Indication Registry in Chennai, and the Pan-India Act, where right-
holders can register G.I.
BENEFITS OF GEOGRAPHICAL INDICATIONS
● Organizations or companies that register their indexes geographically enjoy a
variety of benefits from registration, including
● Registered site indexes have the exclusive right to access or use G.I.’s
products. during business.
● Authorized users enjoy the right to file a criminal complaint.
● It provides legal protection of national symbols in India.
● Prevents unauthorized use of registered landmarks by others.
● It provides formal protection of Indian landmarks that will improve exports.
● It promotes the economic prosperity of local producers.
● The registered owner can also enter into legal protection for other WTO
member countries.
● Provides formal protection of appropriate goods in domestic and foreign
markets
WHAT ROLE DOES WIPO PLAY IN G.I. PROTECTION?
Negotiations of the Uruguay Round of GATT began in 1986, simultaneously while the
process of India’s development was underway. As a change in its policy when India
launched its major economic reform package in 1991, the Uruguay Round negotiations
were progressing well, opening up the 1994 Margakesh and international trade
opportunities. An organization has been established. The NDA remained vigilant and
did not play well during the early years of Uruguay’s negotiations, given its long
legacy of growth strategy and internal trade.
CONCLUSION
In the case above, we can conclude that the registered G.I. tag prevents the owner
from using the registered G.I. or its name on any product similar to or misleading the
registered product. It is possible. It may not be the same as a registered product, but it
may have a registered name. Since the adoption of the TRIPS Agreement, there has
been increased awareness of the need for adequate protection of local signs in all
products. In addition, discussions conducted by the World Trade Organization in
the field of industrial and agricultural products highlight the growing importance of
the preservation of the symbols of the fruit and wine regions and the products of
all products. Nations should understand the fact that G.I. protection is best provided
under national law because it is not the terms of the treaty but the actual national laws
that protect in relation to G.I. Such protection is a valuable marketing tool and an
additional export value because it increases the market access for those goods. G.I.
marking is an important factor in creating and maintaining abstracts and the beginning
of the production of certain key elements and symbols. India is no longer behind the
legal pursuit of this aspect of intellectual property.