A Dissertation On

“SIMPLIFYING GEOGRAPHICAL INDICATION FOR BETTER

IMPLIMENTATION IN INDIA”: A CRITICAL STUDY’’
Submitted to: Amity Law School, Amity University Madhya Pradesh

In partial fulfilment of the

requirement for the award of the
degree of B.B.A.LL.B.(Hons.)

By: SHREYA JHVAR -

X Semester

A61021518028

Under the guidance & Supervision

of: MS. SHEETAL CHOUHAN
Assistant Professor, Amity Law School,
AUMP
DEPARTMENT OF LAW, AMITY LAW SCHOOL, AMITY
UNIVERSITY
MADHYA PRADESH, 2022

May-June 2023
 DECLARATION

I, SHREYA JHAVAR, student of B.B.A.LL.B.(Hons.), 10th semester declare that

the Dissertation entitled “SIMPLIFYING GEOGRAPHICAL INDICATION FOR
BETTER IMPLIMENTATION IN INDIA” submitted to the Department of Law,
Amity Law School, Amity University Madhya Pradesh, is an outcome of my
research which is carried out under the supervision of MS. SHEETAL CHOUHAN, I
have duly acknowledged all the sources, from which the ideas and extracts have been
taken. The matter embodied in this dissertation has not been submitted in any other
institution for the award of any degree or diploma. To the best of my knowledge the
dissertation is free from any plagiarism.

Date:

Place: Gwalior SHREYA JHAVAR

 CERTIFICATE

It is to certify that the dissertation titled " SIMPLIFYING GEOGRAPHICAL

INDICATION FOR BETTER IMPLIMENTATION IN INDIA “which is submitted
to the Department of Law, Amity Law School, Amity University Madhya Pradesh, in
partial fulfilment of the requirement for the award of the degree of Bachelor of Laws
in May - June 2023 is an original contribution with existing knowledge and faithful
record of work carried out by him under my guidance and supervision.

To the best of my knowledge, this work has not been submitted in part or full for any
degree or Diploma to this University or elsewhere.

Gwalior (Madhya Pradesh)

Date:
MS. SHEETAL CHOUHAN
Assistant Professor, Amity
Law School,
Amity University Madhya Pradesh
 ACKNOWLEDGEMENT

The completion of this Dissertation would not have been possible without the
cooperation and support of people who have helped me throughout the research and I
will try to do complete justice to extend my gratitude to everyone who made this
project successful.

First and foremost, I would like to acknowledge my indebtness and render my

warmest thanks to my supervisor, Assistant Professor, MS SHEETAL CHOUHAN,
who has made this work possible. His able and friendly guidance, expert advice,
constant support and patience have been invaluable throughout all stages of the
work.

I would also like to express my gratitude to my class fellows and friends for their
suggestions and help which contributed greatly to the improvement of my
dissertation. I also take this opportunity to thank all the people who have been a
constant source of inspiration for me without that inspiration this research would not
be possible.

I would also take this opportunity to thank to the Director, ALS, AUMP, Maj. Gen.
Rajinder Kumar for providing me with golden opportunity to pursue with this
dissertation topic.

At last, I pay my deepest gratitude to the almighty, my parents and family for having
faith and infusing confidence in me. Their cheerful disposition, unending support and
equanimity had a calming influence on me throughout.

SHREYA JHAVAR
 ABSTRACT
The concept of Geographical Indications (GIs) has gained increasing importance as a tool
for protecting unique products and local economies. GIs identify products as originating
from a specific geographic region and possessing certain unique qualities, characteristics, or
reputation. GIs provide legal protection against imitation or misuse of the product's name,
promoting its recognition and economic value.
The dissertation explores the evolution of GIs as an intellectual property right, both
internationally and in India. It delves into the legal framework governing GIs, such as the
TRIPS agreement, the Paris Convention, and the Indian GI Act. It examines the various
types of GIs, such as wines and spirits, agricultural products, handicrafts, and textiles, and
provides an overview of the criteria for GI registration.
The dissertation also analyzes the challenges associated with the implementation of GIs in
India. One of the main challenges is the need for a stronger legal framework that can prevent
the copying of GI tags by domestic and international competitors. Another challenge is the
need for greater emphasis on quality monitoring to ensure that products with GI tags meet
the required quality standards. The dissertation also discusses the challenges related to
enforcement, branding, and image creation for GI products.
Finally, the dissertation highlights the potential benefits of GIs for India, such as the
promotion of traditional knowledge, cultural heritage, and local economies. It examines the
impact of GIs on various sectors, such as agriculture, handicrafts, and textiles, and provides
case studies of successful GI implementation in India.
 Abbreviation
ACRA- Antisquatting Consumer Reform Act
ADB -Asian Development Bank
AIC -Anti India Crew
AIR -All India Reporter
APG -Asia/Pacific Group
ARPA -Advanced Research Projects Agency
ARPANET -Advanced Research Projects Agency Network
ATM -Automatic Teller Machine
B2B -Business-to-Business
B2C -Business-to-Consumers
BARC -Bhaba Atomic Research Centre
C.I.A. -Central Intelligence Agency
CAN-SPAM -Controlling the Assault of Non-Solicited Pornography
and Marketing
CBI -Central Bureau of Investigation
CC -Carbon Copy
CCA- Controller of Certifying Authorities
CD -Compact Disc
CDA -Communications Decency Act
CDC- Computer Data Computer
CERT -Computer Emergency Response Team
CFAA -Computer Fraud and Abuse Act
COBOL -Common Business Oriented Language
COE -Council of Europe
COPA -Child Online Protection Act
CPA -Civil Procedure Code
CPPA -Child Pornography Prevention Act
Cr. PC -Criminal Procedure Code
CSMA/CD- Carrier Sense Multiple Access Collision Detection
CWW -China Wide Web
DIBS -Data Information Booking System
DNS -Domain Name Service
DOS -Denial-of-Service
DTP -Desktop Publishing System
e-Business -Electronic Business
EC- European Communities
e-Cash -Electronic Cash
e-Commerce -Electronic Commerce
e-Forgery -Electronic Forgery
EFTA -Electronic Funds Transfer Act
E-Mail- Electronic Mail
ENIAC -Electronic Numerical Integrator and Calculator
EU -European Union
FAA- Federal Aviation Administration
FBI -Federal Bureau of Investigation
G-8 -Group of Eight
GATT -General Agreement on Tariffs and Trade
HC- High Court
HTML- Hyper Text Marketing Language
ICANN DRP ICANN -Dispute Resolution Policy
ICCPR -International Covenant on Civil and Political Rights
ICMP -Internet Control Message Protocol
 INDEX

 INTRODUCTION

1: Chapter-1
EVOLUTION OF IPR LAWS..................................................................................(1 -15)

1.1 EVOLUTION OF IPR LAWS AT INTERNATIONAL LEVEL

1.2 EVOLUTION OF IPR LAWS IN INDIA
1.3 Comprehensive Framework of IPR laws in India
1.4 Brief situation of Geographical Indication and Traditional Knowledge in India
1.5 STATEMENT OF PROBLEM
1.6 HYPOTHESIS
1.7 RESEARCH METHODOLOGY

2: Chapter-2
GEOGRAPHICAL INDICATORS AND TRADITIONAL KNOWLEGDE LAWS A WAY
PROTECTING CULTURE AND HERITAGE……………………………...........(16 – 25)

2.1 Preserving traditional knowledge

2.2Promoting local economies
2.3 Encouraging cultural tourism
2.4 Encouraging cultural tourism
2.5 Fostering cultural diversity

3: Chapter 3
BARRIERS FOR GEOGRAPHICAL INDICATORS SYSTEM INDIA………...(26 – 37)
3.1 Lack of awareness
3.2 Weak Enforcement
3.3 Limited resources
3.4 Lack of Consensus
3.5 International Disputes

4: Chapter 4
COMPARATIVE STUDY OF GEOGRAPHICAL INDICATION IN INDIA
AND EUROPE……………………………………………………..(38 – 51)
4.1 Legal Framework
4.2 Number of GI Products
4.3 Scope of Protection
4.4 Registration Process
4.5 Enforcement Rights

5: Chapter 5
MAJOR CHALLENGES AHEAD AND ITS
SOLUTIONS………………………………………………………….(52- 60)
5.1 Legal framework
5.2Quality issues
5.3 Imitation of products
5.4 Enforcement of GIs
5.5 Image creation

CONCLUSION……………………………………………….……………(61)

REFERENCES/BIBLIOGRAPHY……………………………………(62 – 63)
 INTRODUCTION
Geographical Indication (GI) is a form of intellectual property right that
identifies a product as originating from a specific geographic location, where a
particular quality, reputation, or characteristic of the product is essentially
attributed to its geographic origin.
In India, the Geographical Indications of Goods (Registration and Protection)
Act, 1999, governs the registration and protection of GIs. This act provides
legal protection to Indian products that have unique qualities and
characteristics due to their geographical origin.
The registration of GI is managed by the Controller General of Patents,
Designs and Trade Marks, and the GI registry established under the Act. The
GI registry maintains a register of GIs, which includes information about the
name of the product, its origin, and its unique features.
India has a rich tradition of GI products, ranging from textiles, handicrafts, and
agricultural products, to food items like Darjeeling tea, Basmati rice, and
Nagpur oranges. The registration of these products as GIs not only protects
their unique identity but also helps in promoting them in the global market,
creating economic benefits for the producers and the country as a whole.
 CHAPTER-1

EVOLUTION IPR LAWS

1.1 EVOLUTION OF IPR LAWS AT INTERNATIONAL LEVEL

Intellectual Property Rights (IPR) laws have come a long way since the first attempts to
protect the creative output of individuals and companies. IPR laws refer to the legal
frameworks that protect the intellectual creations of individuals or groups, including
patents, trademarks, and copyrights. The evolution of IPR laws is an interesting journey
that reflects the changing needs and values of society.
Early History of IPR Laws
The earliest form of IPR laws can be traced back to ancient times when
individuals and groups sought to protect their ideas and inventions from
being copied or stolen. The ancient Greeks, for example, granted
exclusive rights to their playwrights for public performances of their
plays. Similarly, ancient Chinese law provided for punishment of those
who infringed the rights of writers and artists.
The modern concept of IPR laws, however, began to take shape during the
Industrial Revolution in the 18th and 19th centuries. As technology advanced,
inventors and creators began to produce more goods and services, leading to
increased competition and the need for legal protection. The first patent laws
were enacted during this time, with the first patent granted in England in 1623.
International Recognition of IPR Laws
The 20th century saw the emergence of international agreements recognizing the
importance of protecting intellectual property. The Paris Convention for the Protection of
Industrial Property was signed in 1883 and established the framework for the international
protection of patents, trademarks, and industrial designs. The Berne Convention for the
Protection of Literary and Artistic Works was signed in 1886 and established the
international framework for the protection of copyrights.
The World Intellectual Property Organization (WIPO) was established in 1967 as a
specialized agency of the United Nations to promote the protection of intellectual property
worldwide. WIPO administers a number of international treaties that set standards for the
protection of intellectual property, including the Patent Cooperation Treaty, the Madrid

1|Page
System for the International Registration of Trademarks, and the WIPO Copyright Treaty.
Expansion of IPR Laws
The past few decades have seen a rapid expansion of IPR laws, driven by advances in
technology and globalization. The growth of the internet, digital technologies, and e-
commerce has created new challenges for IPR laws. In response, new laws have been
enacted, such as the Digital Millennium Copyright Act (DMCA) in the United States and
the European Union’s Directive on Copyright in the Digital Single Market.
In addition to the expansion of IPR laws, there has also been increased scrutiny of their
impact on society. Critics argue that IPR laws can stifle innovation, limit access to
knowledge and technology, and create barriers to competition. Others argue that IPR laws
are necessary to incentivize innovation and creativity and to protect the interests of
creators and innovators.
At the international level, there are several challenges facing IPR laws. One of the main
challenges is balancing the interests of developed and developing countries. Developed
countries typically have strong IPR laws and are home to many of the world's largest
companies, which rely on IPR protection to maintain their market dominance. Developing
countries, on the other hand, often have weaker IPR laws and may view strong IPR
protection as a barrier to their economic development.
Another challenge is the emergence of new technologies, such as 3D printing and artificial
intelligence, which are making it easier to reproduce and distribute digital content. This
has created new challenges for IPR laws, as it becomes increasingly difficult to enforce
these laws in the digital age.
Another challenge is the increasing importance of data and the rise of data-driven business
models. Data is often not protected by traditional IPR laws, which were designed to protect
tangible goods such as patents, trademarks, and copyrights. This has created a need for
new types of IPR laws that can protect data and data-driven innovations.
A related challenge is the increasing importance of trade secrets. Trade secrets are
confidential information that gives a business a competitive advantage, such as the recipe
for Coca-Cola. Unlike patents or trademarks, trade secrets do not need to be registered
with any government agency, and can be protected indefinitely. This has led to concerns
that trade secrets could be used to create anti-competitive practices or to harm innovation.
Finally, there are challenges related to the enforcement of IPR laws at the international
level. Many countries do not have the resources or expertise to effectively enforce IPR
laws, which can lead to a lack of protection for IPR holders. There are also concerns that
some countries may use IPR laws as a form of trade protectionism, by using them to
restrict imports or exports.
In conclusion, there are several challenges facing IPR laws at the international level,
including balancing the interests of developed and developing countries, adapting to new
technologies and data-driven business models, protecting trade secrets, and enforcing IPR
laws in a globalized economy. As technology continues to evolve and the global economy
becomes increasingly interconnected, these challenges are likely to become even more
complex and difficult to address
1.2 EVOLUTION OF IPR LAWS IN INDIA
India has also seen significant evolution in its IPR laws in recent years. The Indian
government has taken a number of steps to strengthen IPR protection, including the
enactment of new laws and the establishment of specialized courts to deal with IPR
disputes.
One of the most significant developments in recent years has been the adoption of the
National IPR Policy in 2016. The policy lays out a comprehensive framework for the
protection and enforcement of IPRs in India, and includes measures to promote innovation,
research and development, and technology transfer. The policy also recognizes the need to
strike a balance between protecting IPRs and promoting public access to knowledge and
technology.
Another important development has been the amendment of the Indian Patent Act in 2005,
which brought India's patent laws in line with international standards. The amendment
introduced product patents for pharmaceuticals and agrochemicals, and also established a
system of compulsory licensing, which allows for the grant of licenses to third parties to
manufacture patented products in certain circumstances.
India has also established specialized courts to deal with IPR disputes, including the
Intellectual Property Appellate Board (IPAB) and the Commercial Courts, Commercial
Division and Commercial Appellate Division of High Courts. These courts have played an
important role in resolving IPR disputes and providing a forum for the enforcement of
IPRs.
However, there have also been challenges in the implementation of IPR laws in India.
Enforcement of IPRs remains a challenge, particularly in the case of piracy and
counterfeiting. There have also been concerns about the impact of IPRs on access to
essential medicines, with some arguing that the high cost of patented medicines can limit
access to treatment for those in need.
In conclusion, India has made significant progress in strengthening its IPR laws in recent
years, with the adoption of a comprehensive IPR policy and the amendment of its patent
laws. The establishment of specialized courts has also improved the enforcement of IPRs.
However, challenges remain, and continued efforts will be needed to strike a balance
between protecting IPRs and promoting access to knowledge and technology. In addition
to the challenges in enforcing IPR laws, there are also concerns about the potential misuse
of IPRs to create anti-competitive practices. For example, some companies may use their
patent rights to create a monopoly and prevent competition, which can stifle innovation
and harm consumers. To address these concerns, the Competition Commission of India
(CCI) has taken an active role in ensuring that IPRs are not misused to create anti-
competitive practices. The CCI has issued guidelines on the abuse of IPRs, and has also
issued several landmark decisions in cases involving the misuse of IPRs.
Another area of concern in India has been the protection of traditional knowledge and
cultural expressions. India has a rich history of traditional knowledge and cultural
expressions, and there have been concerns that these could be misappropriated by others
without adequate compensation or recognition. To address these concerns, India has
established a system of Geographical Indications (GIs), which provides legal protection to
goods that are produced in a particular geographical region and have a unique quality,
reputation or other characteristic linked to that region. India has also established a
Traditional Knowledge Digital Library, which aims to document and protect traditional
knowledge and cultural expressions.
Overall, the evolution of IPR laws in India has been significant, with the adoption of a
comprehensive IPR policy, the amendment of patent laws, and the establishment of
specialized courts to deal with IPR disputes. However, there are still challenges in
enforcing IPR laws, and concerns about the potential misuse of IPRs to create anti-
competitive practices or to harm access to essential medicines. As India continues to
develop its IPR laws, it will need to strike a balance between protecting IPRs and
promoting public access to knowledge and technology, while also ensuring that traditional
knowledge and cultural expressions are protected.
1.3 Comprehensive Framework of IPR laws in India
India has a comprehensive legal framework for intellectual property rights (IPR) that
includes laws and regulations governing patents, trademarks, copyrights, designs, and
geographical indications. The major IPR laws and regulations in India are:
1. Patents Act, 1970
2. Trade Marks Act, 1999
3. Copyright Act, 1957
4. Designs Act, 2000
5. Geographical Indications of Goods (Registration and Protection) Act, 1999
6. Semiconductor Integrated Circuits Layout-Design Act, 2000
7. Protection of Plant Varieties and Farmers’ Rights Act, 2001
These laws have evolved over time to align with international standards and practices,
particularly those established by the World Intellectual Property Organization (WIPO). For
instance, India has signed and ratified various international treaties and agreements such as
the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the
Paris Convention for the Protection of Industrial Property.
In recent years, India has also made significant changes to its IPR laws to better align them
with international standards. For instance, in 2016, India amended its patent laws to
introduce a faster and more efficient patent examination process, which has reduced the
backlog of patent applications and improved the overall patent system in the country.
Overall, while India's IPR laws have evolved significantly over time and are broadly
aligned with international standards, there are still some areas where they differ,
particularly in terms of patentability criteria and compulsory licensing provisions.
Nonetheless, India's IPR framework is considered to be robust and has played a crucial
role in promoting innovation and creativity in the country.
In addition to the laws mentioned above, India also has other regulations that support its
IPR regime. For example, the National IPR Policy was launched in 2016 to foster a culture
of innovation and creativity and promote the use of IPR for the benefit of society. The
policy outlines several strategies to enhance IPR awareness, streamline IPR administration,
and strengthen IPR enforcement in India.
India's IPR laws have also faced some criticism from multinational corporations and
developed countries, particularly in the area of patent law. The compulsory licensing
provisions in India's patent laws, which allow the government to authorize the use of a
patented invention without the consent of the patent owner, have been a point of
contention. However, these provisions are in line with the flexibilities allowed under the
TRIPS agreement and are seen as crucial for balancing the interests of patent owners and
public health.
In conclusion, India has a comprehensive legal framework for IPR that is broadly aligned
with international standards and practices. While there are some areas of divergence,
India's IPR regime has played a critical role in promoting innovation and creativity in the
country and is seen as an important pillar of its economic development. India's IPR
regime has also been instrumental in promoting foreign investment and
technology transfer in the country. With the introduction of the Patent
(Amendment) Act, 2005, which allowed product patents for the first time in India,
multinational corporations have been more willing to invest in the country and
transfer technology. This has helped in the growth of various industries, such as
pharmaceuticals, biotechnology, and software.
Moreover, India's IPR laws have also played a significant role in protecting
traditional knowledge and cultural expressions. The Geographical Indications of
Goods (Registration and Protection) Act, 1999, for instance, provides for the
protection of traditional knowledge associated with a particular geographical area
and helps in the preservation of local cultures.
However, there have been concerns about the implementation and enforcement of
IPR laws in India. Infringement of IPR is still prevalent, and the legal process can be
lengthy and complex. There have also been instances of patent trolling, where
companies acquire patents solely for litigation purposes. India has been taking
steps to address these issues, and the National IPR Policy outlines several
measures to strengthen enforcement mechanisms.
Overall, India's IPR regime has been a key factor in promoting innovation,
creativity, and economic growth in the country. With continued efforts to improve
enforcement mechanisms and align with international standards, India can further
enhance its position as a global hub for innovation and technology.
1.4 Brief situation of Geographical Indication and Traditional
Knowledge in India

Geographical Indication (GI) tags are a form of intellectual property rights that identify
products as originating from a specific geographical location or region. GIs are typically
used to protect the traditional knowledge, unique qualities, and characteristics associated
with a particular region or location, such as a particular soil type, climate, or production
method.
Once a product is granted a GI tag, it becomes exclusive to that region or location, and no
one else can produce or sell a similar product using the same name or label. GIs are often
used to promote and protect local industries, preserve cultural heritage, and ensure fair
competition in the marketplace.
In India, the Geographical Indications of Goods (Registration and Protection) Act, 1999,
provides a legal framework for the registration and protection of GIs. The registration
process involves submitting an application to the Geographical Indications Registry, which
evaluates the application and, if approved, grants the GI tag to the product.
Some examples of products that have been granted GI tags in India include Darjeeling tea,
Banarasi sarees, Nagpur oranges, and Alphonso mangoes.
The GI tag is an essential tool for promoting and preserving the unique qualities and
characteristics of traditional products, while also providing economic benefits to local
communities. It helps in establishing a distinct identity of products and building a
reputation for quality, which can be leveraged for marketing and export purposes.
Furthermore, GIs also contribute to the conservation of biodiversity and natural resources
by promoting sustainable production practices and preventing the misappropriation of
traditional knowledge associated with a particular product or region.
However, obtaining a GI tag can be a lengthy and costly process, which may be prohibitive
for some producers, especially those from marginalized communities. There may also be
issues related to the enforcement of GI protection, as many small-scale producers may not
have the resources to pursue legal action against infringers.
Overall, while GI tags are a valuable tool for promoting and protecting local industries and
cultural heritage, there is a need for greater awareness and support for the GI registration
and protection process, especially for small-scale producers and marginalized
communities. Additionally, there is a need for robust enforcement mechanisms to ensure
that GI protection is effective and meaningful.
In India, the Geographical Indications of Goods (Registration and Protection) Act, 1999,
provides a legal framework for the registration and protection of geographical indications
(GIs). The Act defines a GI as "an indication which identifies goods as agricultural, natural
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."
The Act provides for the registration of GIs and lays down the procedure for filing an
application for registration, which includes providing evidence of the product's unique
qualities and characteristics, the history of the product, and the geographical area of origin.
Once registered, the GI owner has the exclusive right to use the GI tag for that product,
and no one else can use the same tag for a similar product.
In addition to the GI Act, the Traditional Knowledge Digital Library (TKDL) has been set
up to protect traditional knowledge (TK) from being misused or exploited by others. The
TKDL is a digital database that documents traditional knowledge related to various fields,
such as medicine, agriculture, and handicrafts, and makes it available to patent examiners
worldwide to prevent the grant of patents for known traditional knowledge.
The Biological Diversity Act, 2002, and the National Biodiversity Act, 2002, also provide
legal frameworks for the protection of traditional knowledge associated with biological
resources, such as plants, animals, and microorganisms.
Overall, these legal frameworks provide protection for geographical indications and
traditional knowledge, but challenges remain in the effective implementation and
enforcement of these laws.
At the international level, the World Intellectual Property Organization (WIPO) and the
World Trade Organization (WTO) have developed legal frameworks for the protection of
geographical indications (GIs) and traditional knowledge (TK).
The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources,
Traditional Knowledge and Folklore (IGC) is responsible for negotiating international
legal instruments for the protection of TK and genetic resources. The IGC has developed
several draft treaties, including the Draft Treaty on the Protection of Traditional Cultural
Expressions and the Draft Treaty on the Protection of Genetic Resources.
The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
also includes provisions on the protection of GIs. Under TRIPS, WTO members are
required to provide legal mechanisms for the protection of GIs, including registration, and
to ensure that GIs are not used in a way that misleads consumers about the origin or
characteristics of a product.
Furthermore, the Nagoya Protocol on Access to Genetic Resources and the Fair and
Equitable Sharing of Benefits Arising from their Utilization, which is a supplementary
agreement to the Convention on Biological Diversity, provides a framework for the
protection of traditional knowledge associated with genetic resources. The protocol
requires that the prior informed consent of the holders of traditional knowledge and genetic
resources is obtained before these resources are accessed, and that the benefits arising from
their utilization are shared fairly and equitably.
Overall, these international legal frameworks provide a basis for the protection of GIs and
TK, but there are still challenges in the effective implementation and enforcement of these
laws at the national level.
1.5 Statement of problem

One of the major challenges related to IPR laws in India is the enforcement and dispute
resolution protection of geographical indications (GIs) and traditional knowledge (TK).
While GIs and TK are important for preserving cultural heritage and promoting local
industries, the lack of effective enforcement mechanisms and dispute resolution procedures
makes it difficult to protect them under the existing legal framework.
Enforcement of GI protection is a significant challenge, as it often requires international
cooperation, which can be complicated and time-consuming. Moreover, the penalties for
GI infringement are relatively low, making it less attractive for rights holders to pursue
legal action.
In the case of TK, the lack of documentation and the oral nature of much of this
knowledge makes it difficult to protect under existing laws. It is often challenging to
determine who owns the rights to TK and to establish proof of ownership.
Dispute resolution procedures for GIs and TK also pose a challenge, as there is no
specialized tribunal or forum to address these issues. This can lead to delays and
uncertainty in the resolution of disputes, making it challenging for rights holders to protect
their interests.
Overall, the enforcement and dispute resolution protection of GIs and TK under IPR laws
in India remains a significant challenge, and concerted efforts are needed to develop
effective mechanisms for protecting these valuable assets.
1.6 Hypothesis
Effective protection of geographical indicators and traditional knowledge requires a
comprehensive legal framework, including registration, enforcement, and dispute
resolution mechanisms, supported by adequate resources and awareness-raising efforts.
The enforcement of related laws is essential for preventing misappropriation and misuse of
traditional knowledge and for ensuring that the economic benefits from geographical
indicators and traditional knowledge are shared fairly and equitably. However, challenges
in the implementation and enforcement of these laws, including limited resources,
inadequate awareness, and difficulties in establishing proof of infringement, may hinder
the effectiveness of these legal frameworks. Addressing these challenges will require a
coordinated effort from all stakeholders, including governments, local communities, and
the private sector, to strengthen the legal framework, build capacity, and raise awareness
about the importance of protecting geographical indicators and traditional knowledge.
Furthermore, effective enforcement of laws related to geographical indicators and
traditional knowledge requires a multi-pronged approach, including administrative, civil,
and criminal remedies. Administrative remedies may include cancellation or suspension of
registration for non-compliance, while civil remedies may include injunctions, damages,
and account of profits. Criminal remedies may involve fines, imprisonment, or forfeiture
of infringing goods.
To ensure effective enforcement, it is also essential to establish clear and transparent
procedures for registration, examination, and enforcement, as well as to build capacity
among relevant authorities, including customs officials, patent examiners, and judges, to
recognize and deal with cases of infringement.
Moreover, enforcement of related laws also requires international cooperation and
coordination, given the transboundary nature of trade and the potential for
misappropriation of traditional knowledge by foreign entities. This could involve, for
example, sharing of information and best practices, capacity building, and collaboration on
investigation and prosecution of cross-border cases of infringement.
Overall, the hypothesis suggests that effective protection of geographical indicators and
traditional knowledge requires a holistic approach, involving the development of
comprehensive legal frameworks, capacity building, awareness-raising, and international
cooperation, as well as robust enforcement mechanisms. Addressing the challenges in
implementation and enforcement of these laws is critical to ensure that the cultural, social,
and economic benefits associated with geographical indicators and traditional knowledge
are preserved and shared fairly and equitably.
1.7 RESEARCH METHODOLOGY
The sources adopted for this project is doctrinal, analytical and
descriptive. The researcher mainly dependent on the primary
sources like statutes and research commission, expert report and
secondary sources like books, articles, journals, case laws and
websites. Internet has provided a major contribution of most
relevant and latest information on the web which has helped the
researcher to explore the subject through various dimensions.
Amity central library, Gwalior have played a crucial role in
bringing out special material for this research.
 1.8 History IPR laws
Intellectual Property Rights (IPR) laws have evolved over the centuries and vary from
country to country. Here's a brief history of IPR laws around the world:
Ancient civilizations: Some of the earliest examples of IPR laws can be found in ancient
civilizations such as Greece, Rome, and China. For example, the Greeks had laws that
protected the rights of playwrights, while the Romans had laws that protected the rights of
authors.
Medieval Europe: During the Middle Ages, guilds were formed in Europe to protect the
interests of craftsmen and traders. These guilds developed a system of exclusive rights that
protected their members' skills and knowledge. This system was the forerunner of modern
IPR laws.
18th and 19th centuries: The Industrial Revolution led to the development of new
technologies, and as a result, IPR laws became increasingly important. In 1710, the British
Parliament passed the Statute of Anne, which granted authors exclusive rights to their
works. In the United States, the first patent law was passed in 1790.
20th century: The 20th century saw the emergence of international agreements and
organizations that sought to harmonize IPR laws across countries. The Paris Convention
for the Protection of Industrial Property was signed in 1883, while the World Intellectual
Property Organization (WIPO) was established in 1967. In 1995, the Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS) was signed as part of the World
Trade Organization (WTO) agreement.
Recent developments: In recent years, there has been a growing debate over the balance
between IPR laws and access to information and innovation. Some argue that IPR laws can
stifle innovation and hinder the development of new technologies, while others argue that
they are necessary to protect the interests of creators and inventors.
Different types of IPR laws: There are several different types of IPR laws that exist today,
including patents, trademarks, copyrights, and trade secrets. Patents protect inventions and
give the holder exclusive rights to make, use, and sell the invention for a certain period of
time. Trademarks protect brand names, logos, and slogans that are used to identify a
particular product or service. Copyrights protect original works of authorship, such as
books, music, and movies. Trade secrets protect confidential information, such as
manufacturing processes or customer lists.
Differences in IPR laws across countries: While there have been efforts to harmonize IPR
laws across countries, there are still significant differences between them. For example,
some countries have more stringent patent requirements than others, while some countries
have weaker copyright laws. These differences can create challenges for companies that
operate globally and must navigate different legal systems.
Challenges and criticisms: IPR laws have been subject to a number of criticisms and
challenges over the years. Some argue that they create monopolies that stifle innovation
and competition, while others argue that they disproportionately benefit large corporations
at the expense of smaller players. There have also been concerns about the impact of IPR
laws on access to medicines and other essential goods in developing countries.
Future developments: The future of IPR laws is likely to be shaped by continuing
technological advancements, globalization, and shifting social and political attitudes. Some
experts predict that there will be increasing pressure to balance the interests of creators and
innovators with the need for access to information and innovation. There may also be
greater emphasis on alternative forms of intellectual property protection, such as open-
source licensing and creative commons agreements.
Overall, the history of IPR laws is a complex and evolving one, shaped by changing
technologies, social and economic factors, and political developments. Today, IPR laws
are an important part of the global legal landscape, governing everything from patents and
copyrights to trademarks and trade secrets
 CHAPTER-2

GEOGRAPHICAL INDICATORS AND TRADITIONAL KNOWLEGDE LAWS A

WAY PROTECTING CULTURE AND HERITAGE
2.1 Preserving traditional knowledge
GIs and traditional knowledge protect the intellectual property rights of local communities
and indigenous peoples, and help to preserve their traditional knowledge and practices. By
identifying and protecting the origins and cultural significance of products, GIs help to
ensure that traditional knowledge is not lost or appropriated by outsiders.
Geographical Indications (GIs) are a form of intellectual property that protect the names,
symbols, and other characteristics of products that have a specific geographical origin and
possess qualities, reputation, or other characteristics that are attributable to that origin. GIs
can be used to protect traditional knowledge and practices associated with a particular
product, such as a unique method of production or a particular use of local ingredients.
The use of GIs can help to preserve traditional knowledge and practices by ensuring that
the origins and cultural significance of products are identified and protected. This can help
to prevent the misappropriation or exploitation of traditional knowledge by outsiders who
may seek to profit from it without recognizing the contribution of the local communities
and indigenous peoples who developed it.
In addition to GIs, there are other forms of intellectual property protection that can be used
to safeguard traditional knowledge and practices, such as patents, trademarks, and
copyrights. However, there are concerns that some of these forms of protection may be too
restrictive or may not be suitable for protecting traditional knowledge, which is often
collective in nature and may not be associated with a single individual or organization.
To address these concerns, there are ongoing discussions about the development of sui
generis systems for the protection of traditional knowledge and genetic resources. These
systems would be tailored to the needs and interests of local communities and indigenous
peoples and would take into account their unique cultural and social contexts.
Overall, the use of GIs and other forms of intellectual property protection can play an
important role in preserving traditional knowledge and practices, but it is important to
ensure that these systems are developed in consultation with the local communities and
indigenous peoples who hold this knowledge and that they respect their rights and
interests. Furthermore, the protection of traditional knowledge and practices is
important not only for the preservation of cultural heritage but also for the
promotion of sustainable development. Many traditional practices and knowledge
systems are closely tied to the use and management of natural resources and
ecosystems. By protecting these practices and knowledge systems, local
communities and indigenous peoples can continue to benefit from their
sustainable use of natural resources and contribute to the conservation of
biodiversity.
However, the implementation of GIs and other forms of intellectual property
protection can also pose challenges and risks. For instance, the registration of GIs
can be a complex and costly process that may be inaccessible to some
communities. In addition, there may be conflicts between different communities or
stakeholders over the ownership or use of traditional knowledge and practices.
To address these challenges, it is important to ensure that the implementation of
GIs and other forms of intellectual property protection is accompanied by
measures to support the participation and empowerment of local communities
and indigenous peoples. This could include capacity-building programs to support
the registration and management of GIs, as well as mechanisms to facilitate
dialogue and negotiation between different stakeholders.

Overall, the protection of traditional knowledge and practices is a complex and

ongoing process that requires a holistic and participatory approach. By
recognizing and respecting the contributions of local communities and indigenous
peoples to the development of traditional knowledge and practices, and by
supporting their participation in the management and use of this knowledge, we
can help to ensure that these valuable resources are preserved for future
generations.
2.2Promoting local economies
GIs help to promote local economies and small-scale production by highlighting
the unique qualities and characteristics of regional products. This can help to
support the livelihoods of local producers and promote sustainable development.
Geographical Indications (GIs) are a form of intellectual property rights that protect the
names and characteristics of products that are linked to a particular region. By highlighting
the unique qualities and characteristics of regional products, GIs can play an important role
in promoting local economies and small-scale production.

GIs can help to support the livelihoods of local producers by providing them with a way to
differentiate their products from those produced in other regions. This can help to create a
demand for their products and increase their market value. For example, the "Parmigiano
Reggiano" GI protects the production of Parmesan cheese made in a specific region of
Italy. This GI helps to ensure that local producers are able to maintain their traditional
production methods and quality standards, which helps to sustain the local economy.
In addition to supporting local producers, GIs can also promote sustainable development.
By promoting local production and consumption, GIs can help to reduce the carbon
footprint associated with the transportation of goods over long distances. Moreover, GIs
can encourage the use of traditional and sustainable production methods that have been
passed down through generations, which can help to preserve cultural heritage and
biodiversity.

GIs are an effective tool for promoting local economies and small-scale production, and
can contribute to sustainable development. By protecting the unique qualities and
characteristics of regional products, GIs can help to support the livelihoods of local
producers and preserve traditional production methods and cultural heritage.
GIs can also promote tourism and attract visitors to the region. By highlighting the unique
products and culture of a region, GIs can create a sense of identity and place, which can be
attractive to tourists seeking authentic and memorable experiences. For example, the
Champagne region in France is known for its unique sparkling wine, which is protected by
a GI. The Champagne GI has helped to promote the region as a tourist destination,
attracting visitors who want to experience the region's history, culture, and cuisine.
In addition, GIs can also foster innovation and entrepreneurship. By protecting the names
and characteristics of regional products, GIs can encourage producers to innovate and
develop new products that meet the quality standards of the GI. This can create
opportunities for small-scale producers and entrepreneurs to develop niche markets and
differentiate their products from those produced in other regions.
However, it is important to note that GIs alone are not sufficient for promoting local
economies and sustainable development. Other factors, such as access to finance,
infrastructure, and education, also play an important role. Moreover, GIs can also create
challenges, such as exclusion and elitism, if they are not implemented in a way that
benefits all stakeholders, including small-scale producers and marginalized communities.
In conclusion, GIs are an important tool for promoting local economies and small-scale
production. By protecting the unique qualities and characteristics of regional products, GIs
can support the livelihoods of local producers, promote sustainable development, and
foster innovation and entrepreneurship.
2.3 Encouraging cultural tourism
GIs and traditional knowledge can also help to promote cultural tourism by highlighting
the cultural and historical significance of a particular region or product. This can help to
preserve traditional cultural practices and generate income for local communities
Cultural tourism can be a powerful tool for promoting cultural understanding and
preserving traditional practices. Geographical Indications (GIs) and traditional knowledge
can play an important role in encouraging cultural tourism by showcasing the unique
cultural and historical significance of a particular region or product.
GIs are a type of intellectual property that identifies a product as originating from a
specific geographical region, where the quality, reputation or other characteristic of the
product is linked to its geographical origin. By protecting the name and reputation of a
region's products, GIs can encourage tourism by creating a sense of place and cultural
identity that draws visitors to the region.
Traditional knowledge, on the other hand, refers to the knowledge, skills, and practices
that have been developed and passed down over generations within a particular culture. By
highlighting the unique cultural practices and traditions associated with a region or
product, traditional knowledge can help to attract tourists who are interested in
experiencing and learning about different cultures.
Moreover, cultural tourism can generate income for local communities by creating jobs
and supporting small businesses, which can in turn help to preserve traditional cultural
practices. By promoting sustainable tourism practices, local communities can also benefit
from increased economic opportunities while protecting their natural and cultural resources
for future generations.
By leveraging GIs and traditional knowledge to promote cultural tourism, we can create a
more sustainable and equitable future that celebrates and preserves the diversity of our
world's cultures.

2.4 Encouraging cultural tourism

GIs and traditional knowledge can also help to promote cultural tourism by highlighting
the cultural and historical significance of a particular region or product. This can help to
preserve traditional cultural practices and generate income for local communities
Promoting cultural tourism can be a great way to preserve traditional cultural practices and
generate income for local communities. Geographical indications (GIs) and traditional
knowledge can be powerful tools for promoting cultural tourism by highlighting the
unique characteristics and historical significance of a particular region or product.
GIs are a type of intellectual property that identify a product as originating from a specific
geographic location, where the quality, reputation, or other characteristics of the product
are attributed to its geographic origin. GIs can help to promote cultural tourism by creating
a connection between a product and the region where it comes from, highlighting the
cultural and historical significance of that region. For example, a GI for a traditional food
or beverage product can help to promote local culinary traditions and attract tourists who
are interested in experiencing the unique flavors and cultural heritage of that region.
Traditional knowledge can also play an important role in promoting cultural tourism.
Traditional knowledge refers to the knowledge and practices that are developed and passed
down through generations within a particular community or culture. Traditional knowledge
can include everything from agricultural practices to medicinal remedies, and can be an
important part of a region's cultural heritage. By promoting traditional knowledge, cultural
tourism can help to preserve these important cultural practices and traditions, while also
generating income for local communities through tourism.
In conclusion, promoting cultural tourism through the use of GIs and traditional
knowledge can be an effective way to preserve traditional cultural practices and generate
income for local communities. By highlighting the unique characteristics and historical
significance of a region or product, cultural tourism can help to attract visitors who are
interested in experiencing the cultural heritage of a particular region, while also supporting
local communities and economies. Moreover, promoting cultural tourism can also have a
positive impact on the conservation of natural and cultural resources. When tourists visit a
region to experience its cultural heritage, they often become more aware of the need to
protect the natural and cultural resources of that region. This can help to promote
sustainable tourism practices and encourage local communities to conserve their natural
and cultural heritage for future generations.
Furthermore, cultural tourism can also create opportunities for cultural exchange and
understanding between different communities and cultures. When tourists visit a region to
experience its cultural heritage, they have the opportunity to learn about the history,
customs, and traditions of the local community. This can help to promote cultural
exchange and understanding between tourists and locals, as well as between different
cultures and communities.
Overall, promoting cultural tourism through the use of GIs and traditional knowledge can
be an effective way to promote the preservation of traditional cultural practices and
generate income for local communities. This can help to support sustainable tourism
practices and encourage cultural exchange and understanding between different
communities and cultures. By highlighting the unique characteristics and historical
significance of a region or product, cultural tourism can also help to attract visitors who
are interested in experiencing the cultural heritage of a particular region, while supporting
local communities and economies.
2.5 Fostering cultural diversity
GIs and traditional knowledge also contribute to the preservation of cultural diversity by
recognizing and protecting the distinct cultural practices and products of different regions
and communities
First, let's talk about geographical indications (GIs). A GI is a sign used on products that
have a specific geographical origin and possess qualities or a reputation that are due to that
origin. GIs can be used for a wide range of products, including food and beverages,
handicrafts, and textiles.
By recognizing and protecting GIs, we can help to preserve traditional practices and
knowledge that are unique to particular regions or communities. For example, the GI label
for Champagne is reserved for sparkling wine produced in the Champagne region of
France, according to strict production standards. This recognition helps to protect the
traditional methods of production that have been used for centuries, and ensures that
consumers can trust that the product they are buying is of high quality and authenticity.
GIs can also provide economic opportunities for producers and communities. By
promoting and marketing their products under a GI label, producers can differentiate their
products from others on the market and command a premium price. This can help to
support the sustainability of local communities and preserve traditional practices that
might otherwise be lost.
Now, let's talk about traditional knowledge. Traditional knowledge refers to the
knowledge, innovations, and practices of indigenous and local communities that have been
developed over generations. This knowledge can relate to a wide range of areas, including
agriculture, medicine, and handicrafts.
Protecting traditional knowledge is important for preserving the cultural heritage of these
communities and ensuring that their contributions are recognized and respected. For
example, traditional knowledge of herbal medicine has been used by indigenous
communities around the world for centuries. By recognizing and protecting this
knowledge, we can ensure that it is not lost or exploited for commercial gain without the
consent and participation of the communities that hold it.
Traditional knowledge can also provide economic opportunities for communities. For
example, traditional handicrafts can be marketed to consumers as authentic and culturally
significant products, providing income for local artisans and helping to preserve traditional
skills and knowledge.
In summary, GIs and traditional knowledge are important tools for protecting and
promoting cultural diversity. By recognizing and protecting the distinct cultural practices
and products of different regions and communities, we can help to preserve traditional
knowledge and practices, support local economies, and promote a more diverse and
sustainable world.
Furthermore, GIs and traditional knowledge are not only important for preserving cultural
diversity, but also for promoting sustainable development. By supporting traditional
practices and products, we can help to promote sustainable agriculture, protect
biodiversity, and reduce the environmental impact of production.
For example, many traditional agricultural practices are based on sustainable and organic
principles, such as agroforestry, crop rotation, and natural pest control. By recognizing and
promoting these practices through GIs and traditional knowledge, we can help to support
sustainable agriculture and reduce the environmental impact of food production.
In addition, GIs and traditional knowledge can also play a role in promoting social
inclusion and empowering marginalized communities. By recognizing and promoting the
products and practices of indigenous and local communities, we can help to promote their
visibility and recognition, and ensure that they have a voice in the global marketplace.
However, it is important to note that the protection and promotion of GIs and traditional
knowledge must be done in a way that respects the rights and interests of all stakeholders,
including local communities, producers, and consumers. This requires a participatory and
inclusive approach that involves the active engagement of local communities and
stakeholders in the development and implementation of GI and traditional knowledge
policies and programs.
In conclusion, GIs and traditional knowledge are valuable tools for preserving cultural
diversity, promoting sustainable development, and empowering marginalized
communities. By recognizing and protecting the unique cultural practices and products of
different regions and communities, we can help to build a more diverse, sustainable, and
equitable world.
 CHAPTER-3
Barriers for Geographical indicators system India
Factors that act barriers to GI are:

1. Lack of awareness: Geographical indicators are a legal tool that protects products
with unique characteristics and helps promote their cultural and economic value.
However, if producers and consumers are not aware of their existence or benefits,
they may not use or recognize them.
2. Weak enforcement: Even if geographical indicators are recognized, if their
enforcement is weak, their effectiveness can be reduced. This can happen if
authorities do not adequately monitor or take action against those who misuse or
falsely claim to produce products with a geographical indication.
3. Limited resources: Developing and promoting geographical indications can require
significant resources, such as research, marketing, and legal support. Small
producers or regions with limited funds may find it challenging to invest in these
activities, reducing their ability to use geographical indicators effectively.
4. Lack of consensus: To use geographical indicators, producers in a particular region
or country must agree on the definition and standards of the product. If there is no
consensus or agreement, it can be difficult to establish a coherent and unified
branding strategy for a specific product.
5. International disputes: Geographical indicators can also become a source of
international disputes, particularly when two or more countries claim the same
geographical indication. This can lead to conflicts over the rights to use and protect
the geographical indication, which can ultimately undermine its effectiveness.
3.1 Lack of awareness-
Geographical Indications (GIs) are a type of intellectual property that identify a product as
originating from a specific geographical region, and possessing certain unique qualities,
characteristics, or reputation that are essentially attributable to that location. The purpose
of GIs is to protect the intellectual property rights of producers, prevent misleading
consumers about the origin and quality of products, and promote rural development by
supporting local economies and preserving cultural heritage.
However, lack of awareness among producers and consumers about the existence and
benefits of GIs can pose a serious challenge to their effective use and recognition.
Producers who are unaware of GIs may miss out on the legal protection and market
advantages they offer. They may also fail to fully appreciate the unique qualities of their
products and the potential value of their regional identity. Consumers who are unaware of
GIs may be more likely to choose cheaper, lower-quality imitations instead of authentic,
higher-quality products.
Therefore, it is essential to raise awareness about GIs among both producers and
consumers. This can be done through targeted education and outreach campaigns, such as
workshops, seminars, and promotional events. Governments and organizations can also
play an important role in promoting GIs by providing financial and technical assistance to
producers, supporting marketing and branding efforts, and enforcing legal protection
against counterfeiting and misuse. By increasing awareness and recognition of GIs,
producers and consumers can better appreciate the value of unique regional products and
support sustainable rural development.
In addition to education and outreach campaigns, it is also important to facilitate the
registration and protection of GIs. This can be done through legal frameworks that provide
for the registration and enforcement of GIs, as well as by building institutional capacity for
their administration and enforcement. Strong legal protection and effective enforcement
can help prevent the misuse of GIs and ensure that consumers can trust in the authenticity
and quality of products bearing these indications.
International organizations, such as the World Intellectual Property Organization (WIPO)
and the Food and Agriculture Organization of the United Nations (FAO), also play a
significant role in promoting the use and recognition of GIs. These organizations provide
technical assistance, capacity building, and coordination among member states to promote
the development and protection of GIs.
Ultimately, increasing awareness and recognition of GIs can have significant economic
and cultural benefits for producers and consumers. By protecting and promoting unique
regional products, GIs can support local economies, preserve cultural heritage, and provide
consumers with high-quality, authentic products. As such, efforts to promote GIs should be
a key part of broader initiatives to support sustainable rural development and cultural
preservation.
3.2 Weak Enforcement-
Weak enforcement can undermine the effectiveness of geographical indicators (GIs), even
if they are widely recognized and respected. This is because without effective enforcement,
GIs are vulnerable to misuse, counterfeiting, and infringement, which can undermine their
value and erode consumer trust.
Effective enforcement of GIs requires a strong legal framework that provides for
registration, protection, and enforcement of GIs. This framework should include provisions
for monitoring and enforcement, including penalties and remedies for those who misuse or
falsely claim to produce products with a geographical indication. It should also provide for
the establishment of competent authorities responsible for administering and enforcing
GIs.
In addition to a strong legal framework, effective enforcement of GIs requires adequate
institutional capacity and resources. This includes sufficient staff, funding, and training to
effectively monitor and enforce GIs. It also requires coordination and collaboration among
different government agencies responsible for enforcing GIs, as well as between
government agencies and private sector actors, such as producers' associations and
consumer organizations.
International cooperation can also play an important role in strengthening the enforcement
of GIs. This can include sharing best practices and experiences, providing technical
assistance and capacity building, and establishing mechanisms for cross-border
cooperation and coordination.
Ultimately, the effectiveness of GIs depends on their ability to protect and promote unique
regional products and their cultural and economic value. To achieve this, it is essential to
ensure that GIs are effectively enforced, with strong legal frameworks, adequate
institutional capacity and resources, and effective monitoring and enforcement
mechanisms. Inadequate enforcement of GIs can have several negative
consequences. One of the most significant is the erosion of consumer trust and
the loss of economic benefits for producers. If consumers are unable to trust that
products bearing a GI are authentic and of high quality, they may choose to
purchase cheaper imitations, or products that falsely claim to be associated with a
particular region. This can lead to a decline in demand for authentic regional
products, and a loss of economic benefits for producers and local communities.
Inadequate enforcement of GIs can also result in the loss of cultural and historical
heritage. GIs are often associated with traditional and unique methods of
production, which have been developed over generations by local communities. If
these methods are not protected and preserved, they may be lost forever, along
with the cultural and historical heritage they represent.
To address these negative consequences, it is important to ensure that GIs are
effectively enforced. This requires a comprehensive approach that includes strong
legal frameworks, adequate institutional capacity and resources, effective
monitoring and enforcement mechanisms, and international cooperation. By
promoting and protecting GIs, we can help preserve and promote unique regional
products, support sustainable rural development, and preserve cultural and
historical heritage for future generations.
3.3 Limited resources –
Developing and promoting geographical indications (GIs) can require significant
resources, which may make it difficult for small producers or regions with limited funds to
invest in these activities. This can limit their ability to use GIs effectively and prevent
them from realizing the potential economic and cultural benefits that GIs can provide.
To address these challenges, it is important to ensure that small producers and regions with
limited resources have access to the support they need to develop and promote GIs. This
can include technical assistance, capacity building, and financial support from
governments, international organizations, and other stakeholders.
One way to provide support to small producers and regions is through the establishment of
producer associations or consortia. These organizations can help small producers to pool
their resources, share knowledge and expertise, and promote their products more
effectively. By working together, small producers can access resources that they may not
have been able to access individually, such as marketing and legal support.
International organizations, such as the World Intellectual Property Organization (WIPO)
and the Food and Agriculture Organization of the United Nations (FAO), also play an
important role in providing support to small producers and regions. These organizations
provide technical assistance, capacity building, and coordination among member states to
promote the development and protection of GIs.
It is also important to ensure that legal frameworks for GIs are accessible and affordable
for small producers and regions. This may require the development of simplified
procedures for registration and enforcement of GIs, as well as the provision of legal aid
and assistance to small producers who may not have the resources to engage in legal
proceedings.
Ultimately, by providing support to small producers and regions, we can help ensure that
GIs are accessible to all and that the economic and cultural benefits of these indications are
shared widely. By promoting and protecting GIs, we can support sustainable rural
development, preserve cultural heritage, and promote the unique regional products that
make our world so rich and diverse. Another way to address the challenge of limited
resources for developing and promoting GIs is to leverage technology and digital tools.
For example, digital platforms and e-commerce can provide small producers and regions
with access to new markets, reducing the need for costly physical infrastructure and
distribution channels. Social media can also be a powerful tool for promoting regional
products and building consumer awareness of GIs.
In addition, partnerships with private sector actors, such as retailers and distributors, can
also help to promote GIs and provide small producers and regions with access to new
markets. These partnerships can be facilitated through public-private initiatives, which
bring together government agencies, private sector actors, and other stakeholders to
promote and protect GIs.
Finally, it is important to recognize that the benefits of GIs extend beyond economic and
commercial value. GIs can also help to preserve cultural heritage and promote sustainable
rural development. By recognizing and protecting the unique regional products and
production methods associated with GIs, we can help to maintain traditional ways of life
and support the social and cultural fabric of communities.
In summary, while limited resources may present challenges for developing and promoting
GIs, there are a range of strategies and approaches that can be used to address these
challenges. By providing support to small producers and regions, leveraging technology
and digital tools, and recognizing the broader social and cultural benefits of GIs, we can
help to promote and protect these valuable legal tools and the unique regional products
they represent.
3.4 Lack of Consensus –
Establishing a consensus or agreement among producers in a particular region or country
regarding the definition and standards of a product is crucial to using geographical
indicators and developing a unified branding strategy.
When there is a lack of consensus or agreement, it can create confusion among consumers
and negatively impact the marketing efforts of the producers. It may also lead to disputes
between producers, which can further hinder the development of a coherent branding
strategy.
In some cases, the lack of consensus may be due to differences in cultural or historical
factors that influence the perception of the product. In other cases, it may be due to
economic or political factors, such as competition between producers or disagreements
over pricing and distribution.
To address this issue, it is important for producers to engage in open and transparent
communication and negotiation to establish common ground and build consensus. This
may involve seeking the assistance of government agencies, industry organizations, or
other stakeholders who can facilitate the process of developing a unified branding strategy.
By working together, producers can ensure that their products are properly represented and
marketed, and that the benefits of geographical indicators are fully realized. Additionally,
it is essential for producers to prioritize the protection of their geographical indications
through legal means. This can involve applying for trademarks, certification marks, or
collective marks that can help distinguish their products from others in the market.
By obtaining legal protection for their geographical indications, producers can prevent
others from using their branding without authorization, which can help maintain the
integrity and reputation of their products. This can also create a stronger sense of identity
among producers and promote the development of unique and high-quality products that
are associated with their particular region or country.
It is also important for producers to educate consumers about the value of geographical
indications and how they can be used to make informed purchasing decisions. By
providing information about the unique characteristics and history of their products,
producers can help consumers understand the quality and authenticity of their products and
the benefits of supporting local producers.
In summary, lack of consensus among producers regarding the definition and standards of
geographical indications can hinder the development of a coherent branding strategy.
However, by engaging in open communication, prioritizing legal protection, and educating
consumers, producers can establish a strong sense of identity and promote the unique
qualities of their products, ultimately benefiting both producers and consumers.
3.5 International Disputes –
Geographical indications can become a source of international disputes, particularly when
multiple countries claim the same geographical indication. This can happen when a
product has become associated with a particular region or country, and other producers in
different regions or countries attempt to use the same name or branding to market their
products.
When disputes arise over the use and protection of geographical indications, it can create
legal, economic, and political challenges for all parties involved. In some cases, the
disputes may be resolved through negotiation and compromise, with each party agreeing to
use a modified or distinct name or branding to differentiate their products. However, in
other cases, the disputes may escalate into formal legal action, which can be costly and
time-consuming.
To address these issues, it is important for countries to establish clear legal frameworks for
the protection of geographical indications and to engage in open and transparent
communication and negotiation to resolve disputes. This may involve the use of
international treaties and agreements, such as the World Intellectual Property Organization
(WIPO) and the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS), which provide guidance on the protection and enforcement of geographical
indications.
Additionally, it is important for producers to work together to establish common standards
and definitions for geographical indications and to develop a shared understanding of their
cultural and historical significance. This can help prevent misunderstandings and disputes
over the use of geographical indications, and promote a more cooperative and mutually
beneficial approach to branding and marketing.
While geographical indications can be a powerful tool for promoting unique and high-
quality products, they can also become a source of international disputes when multiple
countries claim the same indication. By establishing clear legal frameworks, engaging in
open communication and negotiation, and working together to establish common standards
and definitions, countries and producers can help mitigate the risks of disputes and
promote the effective use of geographical indications.
It is also important for countries and producers to seek the support of international
organizations and initiatives that promote the protection and use of geographical
indications. For example, the European Union has established a system of Protected
Designations of Origin (PDO) and Protected Geographical Indications (PGI), which
provide legal protection for traditional and unique products from specific regions or
countries. Similarly, the International Organization for Vine and Wine (OIV) has
developed guidelines for the protection of geographical indications for wines and spirits.
By participating in these initiatives, countries and producers can benefit from the expertise
and support of international organizations and promote the recognition and protection of
their geographical indications in international markets.
Furthermore, the promotion and protection of geographical indications can also have
economic and social benefits for producers and their communities. By establishing a strong
brand identity and reputation for their products, producers can attract consumers who value
authenticity, uniqueness, and quality. This can lead to increased demand for their products
and higher prices, which can in turn support local economies and promote sustainable
agriculture and production practices.
While international disputes over geographical indications can pose challenges for
countries and producers, it is possible to mitigate these risks through the establishment of
clear legal frameworks, open communication and negotiation, and cooperation and support
from international organizations. Ultimately, the promotion and protection of geographical
indications can have significant economic, social, and cultural benefits for producers,
consumers, and local communities.
Finally, it is worth noting that the promotion and protection of geographical indications
can also have important cultural and environmental implications. Geographical indications
can help preserve and promote traditional agricultural and production practices that are
deeply rooted in local cultures and histories. By valuing and protecting these practices,
countries and producers can help maintain a diverse and sustainable agricultural system
that supports local communities and ecosystems.
Furthermore, the protection of geographical indications can also help promote
environmental sustainability by promoting the use of locally sourced and produced
products, which can reduce the environmental footprint associated with transportation and
distribution. In this way, the use and protection of geographical indications can contribute
to broader efforts to promote sustainable consumption and production patterns.

ARBITRATION AND MEDIATION

In numerous occasions the most costly approach to manage encroachment might

be suit in an official courtroom that has locale over the issue specifically when IP
privileges of your SME have been abused by some of competitors' in the equivalent
or various purviews. In the last circumstance your SME would need to authorize its
privileges in better places under the watchful eye of various courts. Hence you may
need an elective debate goals instrument - for the most part intervention or
intercession - which might be less exorbitant and less tedious for your SME.
Discretion by and large has the upside of being a less proper strategy than court
procedures and an arbitral honor is all the more effectively enforceable globally. A
bit of leeway of intervention is that the gatherings hold control of the question
goals process. In that capacity it can assist with safeguarding great business
relations with another undertaking with which the SME may get a kick out of the
chance to team up later on1.

1
 Court Litigation or Alternative Dispute Resolution?

Contingent upon the benefits of your case intervention (or placation) or potentially
assertion might be a decent choice to court procedures. These elective alternatives
are nonetheless for the most part accessible just when the disagreement regarding
IP rights is between gatherings to an agreement for instance between a licensor and
a licensee or between joint endeavor accomplices who have consented to take plan
of action to intervention as well as discretion in inclination to arbitration in a
skilled courtroom. It is reasonable to think about a debate and give intends to its
settlement at the hour of drafting the first agreement. When a debate has emerged it
is progressively troublesome and once in a while even difficult to agree to settle the
contest by intervention as well as assertion 2. Your SME may wish, nonetheless, to
utilize the alternative to demand the WIPO Arbitration and Mediation Center to
contact the other undertaking, with which the debate has emerged so as to assist the
gatherings with agreeing to the accommodation of the question to the Center for
settlement under the WIPO Mediation, Arbitration or Expedited Arbitration Rules.
Regularly intercession and assertion are a generally excellent substitute or if
nothing else on account of intervention, a more affordable introduction to formal
case. As a major aspect of your business methodology your SME would be all
around encouraged to fuse fitting provisos in understandings so the alternative of
managing IP debates first (and perhaps just) by plan of action to intercession or
intervention if accessible.
DIFFERENCE BETWEEN INTERNATIONAL ARBITRATION AND
MEDIATION
Despite the fact that intervention and assertion have a similar objective as a main
priority, a reasonable goals of the current issues, there are some significant
contrasts which the two gatherings must see in advance3.
The fundamental contrast among intervention and intercession is that in assertion
the mediator hears proof and settles on a choice. Assertion resembles the court
procedure as gatherings despite everything give declaration and give proof like a

3
Mediation and arbitration report siac 2245
 preliminary yet it is generally less formal. In intervention, the procedure is an
exchange with the help of an impartial outsider. The gatherings don't arrive at a
goals except if all sides concur.
Middle people don't give orders, discover flaw, or make conclusions. Rather,
middle people help gatherings to arrive at a settlement by helping with
interchanges, getting pertinent data, and creating alternatives. Despite the fact that
intercession systems may fluctuate, the gatherings typically initially get together
with the middle person casually to clarify their perspectives on the contest.
Regularly the middle person will at that point meet with each gathering
independently. The middle person talks about the question with them, and
investigates with each gathering potential approaches to determine it. It is regular
for the go between to go to and fro between sides various occasions. The primary
spotlight stays on the gatherings as they progress in the direction of a commonly
valuable arrangement.4 Most questions are effectively settled and regularly the
gatherings will at that point go into a composed settlement understanding.
Numerous individuals report a higher level of fulfillment with intercession than
with assertion or other court forms since they can control the outcome and be a
piece of the goals5.

Assertion then again is commonly a more conventional procedure than

intervention. A referee could be a resigned judge, a senior legal advisor or an
expert for example a bookkeeper or architect. During mediation, the two gatherings
are allowed a chance to introduce their cases to the mediator. Much like a normal
court continuing, attorneys can likewise address observers from the two sides.
During discretion, there are nearly nothing if any out-of-court dealings between
parties.6 The authority has the ability to render a lawfully restricting choice which
the two gatherings must respect and the honor is enforceable in our courts and the
courts of 142 nations.
As of late there has been a lot of conversation on coordinating intercession and
other elective question goals and strategies into arbitral procedures so as to
4
Article 18 of the 2012 icc rules
5
id
6
id
 improve the efficiency of contest goals different blends have for quite some time
been rehearsed in specific pieces of the world. Notwithstanding, because of the
diverse legitimate societies and perspectives on the job of the mediator
transnational agreement has not

in this way the two techniques should be kept discrete while others acknowledge
that a mix of the two is flawless in that it has the capacity of joining the best of the
two universes.
Despite the divergences between these two, a united structure seems to work
honorably in asia especially in china in view of its real culture that burdens
intervention. What is the particular practice in china? For what reason does such a
preparation work there? Is china's experience a unique one or might it have the
option to have any implications for the rest of the world. 7 The present article
attempts to react to these requests by looking at the general commonness of
intervention in china considering its specific certain social and political
establishment and how it impacts the contemporary demonstration of organizing
intercession into intervention . To begin with, the article discusses intercession all
things considered and separates the clarifications behind its continued with
nearness in the chinese system. Second, the article discusses the chinese technique
for joining intercession into arbitral methodology and examines the history practice
and benefits of such a mix. Finally this article conjectures as for how the chinese
model might be useful in adding to make a uniform practice all through the world .
Significantly influenced by the practices in chinese courts, the china global
financial and exchange discretion commission cietac as of late called the remote
exchange assertion commission of china gathering for the advancement of
universal exchange drew in its arbitral courts to intercede mediation cases from the
most punctual beginning stage of its establishment. Before the approval of the
assertion law cietac attempted to intercede its mediation cases in spite of the way
that the first intervention rules of cietac didn't contain courses of action on
intervention anyway essentially a game plan communicating that a caution case
should be pardoned if the social occasions showed up at a neighborly settlement
7
id
 understanding. Intervention was first obliged in the cietac rules of 1989 which
communicated that cietac and its arbitral chambers may mediate the cases
recognized by cietac and if a well disposed settlement was reached by the get-
togethers through intervention the arbitral court should render an arbitral respect
according to the substance of the settlement understanding 8. The bits of knowledge
show that from the 1950s to the 1980s most cietac attestations were shut by
technique for mediation. During the 1980s yet been reached over the adequacy of
judges encouraging settlement in a pending assertion. Some observe the jobs of
judge and middle person as contradictory and
What's more, 1990s cietac still savored the experience of a broad pace of
accomplishment with the blend of mediation and arbitration.28 separated from the
impact of confucian perspective and socialist conviction framework cietac's
intervention practice in like manner has its own chronicled reasons.
Notwithstanding the way that the bleeding edge business intercession process is a
consequence of the market economy, the chinese intervention system rose and
made in the earth of an organized economy . As a result, there were not really any
laws in china that could be applied to business inquiries before the 1980s. In such a
genuine vacuum, arbitral committees could simply pick cases according to the
gauges of conventionality and reasonableness or they could encourage the social
affairs to decide their discussions by intervention with the assistance of the arbitral
courts9.
Contemporary genuine framework and practice
Driven by cietac's drive the mediation law, 1995 permits and even adequately
bolsters the blend of intervention and discretion. Cietac moreover has modified its
principles a couple of times to incorporate game plans that are progressively useful
for intercession. The current cietac rules 2005 have developed a decently complete
course of action of getting mediation together with assertion. To break down how
this is done essentially the makers drove a movement of gatherings with chinese
middle people mostly acting inside the cietac structure similarly likewise with the
beijing intervention commission and the wuhan mediation commission in late walk

9
 and early april 2007 The arbiters' use of mediation chose through these gatherings
recommends that the influence from people's intercession or intervention
coordinated by the courts remains strong yet more highlight is put on party
independence. Their preparation is dense in the going with entries10.
Either the social affairs or the arbitral court can raise the chance of mediation, in
spite of the commencement of the circumspection techniques. The discretion law
gives that the
Arbitral gathering may finish mediation going before rendering an arbitral respect.
If the social events request mediation, the arbitral court must finish the intercession
procedures. The cietac rules seem by all accounts to be more restrictive than the
national law which gives that if the two social occasions wish to intervene or if one
assembling so needs and the other party agrees to intercede upon the arbitral
committee's suggestion, the arbitral court may begin mediation during the time
spent affirmation procedures.11 This regardless doesn't unequivocally obstruct the
opportunity of the go between proposing intervention.

If mediation prompts a settlement understanding, the arbitral court will draw up a

formed intercession enunciation or a consent grant. The created intervention
declaration ends up being legitimately producing results right now after the two
social events completed desk work for its receipt. If one social affair denies the
intervention verbalization before it completes administrative work for receipt the
arbitral board ought to quickly make an arbitral honor both a mediation
clarification and a consent award rely upon the balance of the settlement, set apart
by the officials, fixed by the tact establishment, and served on both parties. Article
51 of the discretion law gives that an intervention announcement will have a
comparable genuine effect as an arbitral respect. The basic differentiation between
the two is that a consent award becomes producing results right now in the wake of
being rendered. Then again, a made mediation announcement isn't a respect, and it
gets legitimate upon parties exactly when they have thusly completed
administrative work for its receipt, which infers that a social occasion may at

10

11
 present change its viewpoint before denoting the receipt, wherein case the arbitral
court will keep on rendering a respect in time. there are further repercussions on
enforceability12: with a consent award, the concurring social affair may discovered
necessity systems under the vigilant gaze of a court in china, or if appropriate,
search for approval abroad under the new york show. A created mediation
clarification, on the other hand, isn't an enforceable award. In this way parties who
are stressed over the enforceability of the settlement may lean toward a consent
grant .

12
 CHAPTER-4

Comparative Study of Geographical Indication

in India, USA and Europe
4.1 Legal Framework -
The Geographical Indications of Goods (Registration and Protection) Act, 1999 is the
primary legislation in India that governs the registration and protection of geographical
indications. The Act defines geographical indication as "an indication which 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 characteristic of such goods is essentially attributable to
its geographical origin."

In the European Union, GIs are protected under the EU's legislation on GIs, which
includes the European Union's Geographical Indications scheme and Protected
Designation of Origin (PDO) scheme. The EU's GI scheme is designed to protect the
names of specific agricultural products, foodstuffs, wines, and spirits that are linked to a
particular region or place. The PDO scheme is a subset of the GI scheme and is reserved
for products that are produced, processed, and prepared in a specific geographical area,
using recognized know-how.

Both India and the EU's legal frameworks for GIs aim to protect the interests of producers
by ensuring that only goods that meet certain quality standards and originate from a
specific region can be marketed under the GI name. The protection of GIs helps to prevent
misleading consumers, promote fair competition, and protect the reputation of traditional
and cultural products.
In addition to India and the EU, many other countries have their own legal frameworks for
the protection of GIs. For example, in the United States, GIs are protected under the
Lanham Act, which provides for the registration of collective and certification marks that
identify the origin of goods and services. The United Nations' World Intellectual Property
Organization (WIPO) also provides a global framework for the protection of GIs through
the Lisbon Agreement for the Protection of Appellations of Origin and their International
Registration.
GIs are a valuable tool for promoting local and regional products, preserving cultural
heritage, and supporting rural development. By protecting GIs, producers can ensure that
their products are distinguished from others in the marketplace and that consumers can
make informed purchasing decisions based on the unique characteristics of a particular
product.

However, the protection of GIs can also give rise to legal and commercial disputes,
particularly in cases where different producers claim the right to use a particular GI. To
address these issues, many countries have established dispute resolution mechanisms and
administrative bodies to oversee the registration and protection of GIs. These mechanisms
play an important role in ensuring the fair and equitable use of GIs and in promoting
international trade in high-quality, distinctive products.
4.2 Number of GI Products –

That is correct. India has over 370 registered GIs as of 2021, which include a variety of
agricultural products, handicrafts, and industrial goods. Some of the well-known Indian
GIs are Darjeeling tea, Basmati rice, Alphonso mango, Kanchipuram silk sarees, Chanderi
fabric, Mysore silk, Nagpur orange, and Pashmina shawls.
On the other hand, the European Union has a much larger number of registered GIs, with
over 3,400 as of 2021. The EU's GIs cover a wide range of products, including food and
drink products like Champagne, Parma ham, Roquefort cheese, Scotch whisky, and
Prosciutto di Parma, as well as non-food products like Harris Tweed and Murano glass.
The high number of GIs registered in the EU is due in part to the EU's strong emphasis on
protecting traditional and regional products, which has led to a culture of GI registration
and promotion. Additionally, the EU has a well-established framework for the registration
and protection of GIs, which has made it easier for producers to apply for and obtain GI
protection.
4.3 Scope of Protection -
That is correct. In India, GIs are protected only within the country's borders. This means
that the use of a registered GI is restricted to products that are produced within the
geographical area that is associated with the GI. This restriction applies only within India
and does not extend to other countries.
In contrast, in the European Union, GIs are protected across all EU member states. This
means that once a GI is registered with the EU, it can be used only by producers who meet
the specific criteria for that GI, regardless of where they are located within the EU. This
provides a high level of protection for traditional and regional products, and helps to
ensure that consumers can rely on the authenticity and quality of products that bear a
registered GI.The EU has also signed agreements with other countries to extend protection
to their GIs. For example, the EU has signed agreements with countries like Canada,
China, and Japan, which recognize and protect certain EU GIs in those countries.
Similarly, the EU recognizes and protects certain GIs from those countries within the EU.
These agreements help to promote international trade in high-quality, distinctive products
and provide additional protection for traditional and regional products.
The scope of GI protection can also vary from country to country depending on the
specific legal framework in place. For example, in some countries, the protection of GIs
may be limited to certain products or services, or may apply only to specific geographic
areas. Some countries may also have different levels of protection for different types of
GIs, such as collective or certification marks.
In general, the protection of GIs is intended to prevent the use of misleading or deceptive
trade practices that can harm producers and consumers. By ensuring that only products that
meet certain standards are allowed to use a particular GI, the protection of GIs helps to
promote fair competition and supports the growth of local and regional economies.
However, the protection of GIs can also give rise to challenges, particularly in cases where
different producers claim the right to use a particular GI. Disputes may arise over issues
such as the geographical boundaries of a GI, the specific characteristics or production
methods associated with a particular product, or the right to use a particular name or
symbol. In such cases, it is important to have clear legal frameworks and dispute resolution
mechanisms in place to ensure that conflicts can be resolved fairly and efficiently.
4.4 Registration Process –
In India, the registration process for a GI typically takes around 18 months and involves
filing an application with the Geographical Indications Registry. The application must
include information on the name of the GI, its specific geographic area, the product or
products associated with the GI, and the criteria that must be met for a product to be
considered a genuine GI product. The application is then examined by the Geographical
Indications Registry, which may request additional information or clarification before
making a decision on the application.
In Europe, the registration process for a GI can take several years and involves submitting
an application to the relevant national or regional authorities. The application must include
similar information as in India, including the name of the GI, its specific geographic area,
the product or products associated with the GI, and the criteria for a product to be
considered a genuine GI product. Once the application is submitted, it is reviewed and
examined by the relevant authorities, who may request additional information or
clarification before making a decision on the application. If the application is approved, the
GI is registered with the relevant national or regional authority and is protected across all
EU member states.
The registration process for GIs in both India and Europe can be complex and time-
consuming, as it requires detailed information on the product and its geographic area, as
well as a thorough examination of the application to ensure that it meets the relevant legal
requirements. However, the registration of a GI can provide significant benefits to
producers, including protection against unauthorized use of the GI, increased visibility and
recognition for the product, and the ability to command a higher price in the marketplace.
It is important to note that the registration process for GIs can also involve
consultation and engagement with stakeholders, including producers, consumers,
and local communities. This can help to ensure that the registration process is
transparent and inclusive, and that the interests of all relevant parties are taken
into account.
In addition to the registration process, the protection of GIs also involves
ongoing monitoring and enforcement to ensure that only genuine GI products are
marketed and sold under the protected name. This may involve inspections of
production facilities, testing of products, and investigations of potential
violations of GI protection. In some cases, legal action may be taken against
producers who use a protected GI improperly or without authorization.
Overall, the registration and protection of GIs is an important tool for supporting
local and regional economies, preserving cultural heritage and traditional
knowledge, and promoting fair competition in the marketplace. While the
registration process can be challenging, the benefits of protecting GIs are
significant and can provide long-term benefits to producers, consumers, and
communities.

Steps of registration of GI in india

Step 1-Filing of the Application

 The application for the registration of Geographical Indication shall be made in

triplicate.

 The application then must be signed by the applicant or his agent along with the
statement of case and has to be submitted along with the prescribed form GI-1

 A single application can be filed for different classes of goods and fees payable
shall be in respect of each of such class of goods.

 An affidavit is required to accompanying the forms has to be submitted by the

association of persons, producers, organisations or authority representing the
interest of the producers over certain goods and how the applicant claims to
represent their interest
What should be the contents of the application?
Section 11 (2)

 Firstly, it should state how the geographical indication serves to designate the
goods as originating from the concerned territory of the country or region or
localities as the case may be, in respect to quality specifications, reputation,
characteristics which are exclusively due to certain environmental conditions
with inherit natural or human factors relating to the territory.

 It should also state the class of goods to which the geographical Indication shall
apply

 The geographical map of the territory of the country or region or the locality of
the country in which the goods are produced or manufactured should be
included.

 Particulars regarding the appearance of the geographical indications as to

whether it is comprised of words or figurative elements or both.

 Statement containing the details of the applicant including the names, addresses
and other such details as may be specified from time to time
Forms for registration of GI are available on the website of Geographical Indications
Registry (http://www.ipindia.nic.in/forms-gi.htm)

Step 2 and 3 – Preliminary Scrutiny and Examination

Section 11 (5) to (7)

 The application will be scrutinized by the examiner for any deficiencies and
discrepancies.

 In case of any deficiencies and discrepancies, the applicant is required to rectify

the same with a period one month of its communication.

 The correctness and authenticity of the content of statement furnished by the

applicant shall then be assessed by the Registrar in consultation with a group of
 experts consisting of not more than 7 representatives who are well versed on the
subject.

 Only after proper scrutiny and examination that the examination report will be
issued
Step 4 – Issue of Show Cause Notice

(Section 12)

 If the Registrar has any objection with regards to the application then the same
shall be communicated to the applicant.

 The applicant must respond within a period of two months from the receiving of
the notice or he can apply for hearing

 The Registrar has been entrusted with the power to withdraw the application
after giving the applicant a reasonable opportunity of being heard, if he is of
opinion that there has been an error on the part of the applicant and the same has
been conveyed to him

 If aggrieved, an appeal can be made within period of one month of the

Registrar’s decision.
Step 5: Advertisement

(Section 13)

 Every application for registration of geographical indication that has been

accepted absolutely or with subject to conditions or limitations shall within
three months of acceptance shall be published in the Geographical Indications
Journal.
Step 6: Opposition to Registration

Section 14
  Any person can file a notice of opposition within three months (extendable by
another month on request which has to be filed before three months) opposing
the Geographical Indication application published in the Journal in triplicate
along with the form GI-2

 The registrar shall serve a copy of the notice on the applicant for registration
and the applicant shall within period of two months from the date of the receipt
of such notice send to the Registrar the copy of the counter statement stating the
grounds on which he relies on his application, failure to do so will result in
abandonment of his application.

 On receiving the counter statement from the applicant, the Registrar shall serve
a copy of the of the same to the person giving the notice of opposition.

 The applicant and the opponent have to submit to the registrar any evidence on
which they rely, in manner and time as may be prescribed from time to time by
the registrar.

 Registrar shall give adequate time to both the parties to be heard

 The registrar after hearing both the parties and considering all the evidence shall
decide whether to accept the application with or without limitations or
conditions

 If it comes to the notice of the registrar that either the applicant or person giving
the notice of opposition neither resides nor carries on the business in India, the
registrar may require him to give the security for the cost of proceedings before
him and in case of any default of such security duly given, may treat the
application or opposition as the case may be, as abandoned.

 On request the Registrar may permit to make any correction or amendment of

an error in the notice of opposition or counterstatement.
Step 7– Corrections and amendments-

Section 15
The Registrar may from time to time with subject to certain terms and conditions permit
either before or after the acceptance of the application, the correction of any error or an
amendment of the application.

Step 8 : Registration

Section 16

 On acceptance of the application, the registrar shall register the geographical

indication for the same.

 If registered the date of filing of the application shall be deemed to be the date
of registration.

The registrar shall then issue to the applicant a certificate with the
seal of the Geographical indication’s registry in Form-02 as per
Rule 55 0f The Geographical Indications of Goods (Registration
and Protection) Rules, 2002
Step 9: Duration, Renewal And Restoration

Section 18

 A registered Geographical Indication shall be valid for 10 years

and can be renewed on payment of renewal fee.
 At the time before the expiration of last registration of
geographical indication, the Registrar shall send the notice to the
registered proprietor or the authorised user as the case may be,
about the date of expiration and the conditions as to payment of
fees and upon renewal of which registration shall be obtained.
 Failure to do so may result in removal of geographical indication
Where a geographical indication has been removed by the
Registrar on grounds of non-payment of the renewal fees may
after six months and within period of one year from the expiration
of last registration of geographical indication may, on an
application in a prescribed manner and after payment of
prescribed fees may restore the geographical indication for period
of 10 years from the expiration of last registration
Step 10: Appeal to the Appellate Boards
Section 31

 Any person aggrieved by an order or decision of the Registrar

under the act or under the rules made thereunder, may prefer an
appeal to the Intellectual Property Appellate Board (IPAB) within
three months from the date on which the order or decision sought
to be appealed is communicated.

4.5 Enforcement Rights –

In India, the owner of a registered GI can enforce their rights through civil courts. This
may involve seeking an injunction to prevent unauthorized use of the GI, or seeking
damages for any harm caused by such use. In addition to civil remedies, the Geographical
Indications of Goods (Registration and Protection) Act, 1999 also provides for criminal
penalties in cases of deliberate infringement of a registered GI.
Under section 21 of the act, the authorised user and proprietor of the geographical
indication is allowed certain rights in terms of the indication. These include:

1. An exclusive right to make use of the indication in relation to goods to which

the indication has been obtained.

2. In case of infringement, to seek relief in a manner provided in the act.

However, it needs to be remembered that these rights conferred by registration are not
absolute and are subject to conditions which restrict the powers allowed to the user,
including:

 Variation Condition: This includes cases where the proprietor agrees to have
variations in the mark assigned to goods, other than those mentioned in the
label.

 Restraining Conditions: The geographical indication shall not be used for the
purpose of certain specific goods

 Blank Space condition: This condition requires all blank spaces in the label to
only be occupied by matter that is non-distinctive in nature.

 Limitation Condition: This condition restricts the area within which the
registration is allowed to operate.
An interesting point to note regarding the powers over geographical indications comes to
light when there are more than one authorised users of geographical indications which may
be identical or bear near resemblance with each other. In such cases, the exclusive right to
the use of these conditions are not deemed to have been acquired by any one of those
persons against any other, but each of these persons have the same rights as a sole
authorized user against other persons.
In Europe, GIs are typically enforced through administrative and judicial authorities.
National and regional authorities are responsible for monitoring compliance with GI
regulations, and may carry out inspections and investigations to ensure that only genuine
GI products are marketed and sold under the protected name. In cases of non-compliance
or infringement, administrative measures may be taken, such as the withdrawal of a
product from the market or the imposition of fines or other penalties.
In addition to administrative measures, GIs in Europe are also enforced through judicial
authorities. Producers or organizations that hold the rights to a GI may take legal action
against those who use the GI improperly or without authorization. This may involve
seeking an injunction to prevent further use of the GI, or seeking damages for any harm
caused by such use.
Overall, the enforcement of GI rights is a critical aspect of protecting the integrity and
reputation of GIs. By ensuring that only genuine GI products are marketed and sold under
the protected name, the enforcement of GI rights helps to maintain consumer confidence
and support the growth of local and regional economies.
GI System in USA –
Geographical indications (GIs) in the United States have been subject to some controversy
and debate, particularly with regards to their implementation and protection.
One of the key criticisms of GIs in the US is that the legal framework for protecting them
is not as robust as it is in other countries. Unlike in the European Union and other regions
where GIs are strictly protected by law, in the US, GIs are protected through a combination
of trademark and unfair competition laws. This has led to concerns that US GIs may not
receive the same level of protection as GIs in other countries, particularly in countries with
more stringent legal frameworks for GIs.
Another criticism of GIs in the US is that the application process can be difficult and
costly for small producers. Unlike in other regions where GIs are typically registered at the
national level, in the US, GIs are registered on a state-by-state basis. This can make it
difficult and expensive for small producers to obtain GI protection, particularly if they are
producing goods in multiple states.
There have also been concerns raised about the potential for GIs to be used as a tool for
protectionism or to restrict trade. Some critics have argued that GIs can be used to prevent
the importation of similar products from other countries, even if those products are not
actually infringing on the GI. This has led to concerns about the potential for GIs to be
used to create trade barriers or to unfairly advantage certain domestic producers over
foreign competitors.
Despite these criticisms, GIs have become increasingly popular in the US, particularly in
the food and beverage industry. Many US producers have sought GI protection for their
products, recognizing the potential benefits of increased consumer recognition and
protection against imitation or misuse of their product names.
In conclusion, while there have been some criticisms of the implementation and protection
of GIs in the US, they remain an important tool for protecting and promoting the unique
characteristics of regionally produced goods. As consumer demand for authentic, high-
quality products continues to grow, it is likely that GIs will become even more important
in the US and around the world.

Another criticism of GIs in the US is that they can be difficult to enforce. Because GIs are
protected through a combination of trademark and unfair competition laws, enforcement
can be complicated and costly, particularly if the infringing party is located outside of the
US. This has led to concerns that GIs may not be effective in preventing the unauthorized
use of product names or protecting the reputation of regional products.
Additionally, there is ongoing debate about the scope of GI protection in the US. Some
critics argue that GIs should be limited to products that are truly unique and have a strong
connection to a specific region, while others argue that GIs should be more broadly applied
to all products that are produced in a specific region. This debate has yet to be fully
resolved and may continue to shape the development of GI protection in the US.
Despite these challenges, the US has taken steps to strengthen its legal framework for GIs
in recent years. In 2020, the US passed the Trademark Modernization Act, which includes
provisions to make it easier for producers to obtain GI protection and to challenge the
registration of misleading or fraudulent trademarks. This could help to address some of the
concerns around the cost and complexity of obtaining GI protection in the US.
Overall, while there are certainly some criticisms of GI protection in the US, it remains an
important tool for promoting and protecting regionally produced goods. As consumer
demand for high-quality, authentic products continues to grow, it is likely that GI
protection will become increasingly important for both producers and consumers in the US
and around the world.
Famous GI tags of India :
GI is a sign used on products that have a specific geographical origin and possess qualities
or a reputation that are due to that origin. In India, GI protection is provided under the
Geographical Indications of Goods (Registration and Protection) Act, 1999. This Act
provides for the registration and protection of geographical indications relating to goods in
India. It ensures that the name of the product is not used by unauthorized parties outside
the geographical region for which

h it is registered, thereby protecting the reputation and quality of the product.

India has a rich cultural and agricultural heritage, and several products are recognized and
protected as GI. Some of the well-known GI products in India include Darjeeling tea,
Banarasi silk sari, Alphonso mangoes, Kashmir saffron, Mysore silk, Nagpur orange, and
Kancheepuram silk.

Darjeeling tea is a famous variety of tea grown in the Darjeeling district of West Bengal.
The GI tag for Darjeeling tea was granted in 2004 and is known for its unique flavor and
aroma, which are attributed to the region's soil and climate. The GI registration helps to
protect the reputation and quality of Darjeeling tea and ensures that it is not misused by
unauthorized parties.

Banarasi silk sari is a traditional sari made in Varanasi, Uttar Pradesh. The GI tag for
Banarasi silk was granted in 2009 and is known for its intricate designs, vibrant colors, and
fine texture. The GI registration helps to protect the traditional knowledge and cultural
heritage of the region and provides recognition and protection to the intellectual property
rights of the producers.
Alphonso mangoes from Ratnagiri and Sindhudurg districts of Maharashtra are another
example of a GI product in India. The GI tag was granted in 2010 and is known for its
sweetness, aroma, and flavor, which are unique to the region's climate and soil. The GI
registration helps to promote and boost the local economy by providing recognition to the
producers and protecting the quality of the product.

Kashmir saffron is another well-known GI product in India. The GI tag was granted in
2010 and is known for its unique flavor and aroma, which are attributed to the region's
climate and soil. The GI registration helps to protect the traditional knowledge and cultural
heritage of the region and provides recognition and protection to the intellectual property
rights of the producers.

In conclusion, GI registration in India helps to promote and protect the traditional

knowledge and cultural heritage of a region, boost the local economy, and provide
recognition and protection to the intellectual property rights of the producers. It is an
important mechanism for ensuring the quality and authenticity of products and promoting
their unique characteristics that are attributed to their geographical origin
 CHAPTER-5

Major challenges ahead and its solutions

5.1 Legal framework
Strong legal provisions are required to prevent the copying of GI tags of India by
domestic and international competitors. The current laws need to be strengthened to
provide better protection to GI products.
Geographical Indications (GI) are protected in India under the Geographical Indications of
Goods (Registration and Protection) Act, 1999. The Act provides for the registration and
protection of GIs in India, and for the establishment of a Geographical Indications Registry
to manage the registration process. However, it is true that the current legal framework
may not be sufficient to prevent copying of GI tags by domestic and international
competitors.To strengthen the legal framework for the protection of GIs in India, several
measures can be taken. These include:
Amendment of the Geographical Indications of Goods (Registration and Protection) Act,
1999 to provide for stronger legal provisions for the protection of GIs.
Increasing awareness among the public about the importance of GIs and the need to protect
them. This can be done through education and awareness campaigns, as well as through
collaboration with relevant stakeholders such as industry associations, trade bodies, and
consumer groups.
Encouraging the use of alternative dispute resolution mechanisms to resolve disputes
related to GIs. This can help to reduce the burden on the courts and provide a more
efficient and cost-effective way to resolve disputes.
Strengthening the enforcement mechanisms for the protection of GIs. This could involve
increasing the resources allocated to the Geographical Indications Registry, as well as
providing better training and support to the officials responsible for enforcing the law.
Strengthening international cooperation and collaboration to protect GIs. This could
involve working with other countries to develop common standards and guidelines for the
protection of GIs, as well as sharing best practices and experiences.
In summary, while the current legal framework for the protection of GIs in India is a good
starting point, there is certainly room for improvement. By taking the steps outlined above,
it should be possible to develop a stronger and more effective legal framework that can
provide better protection for India's valuable GI products.
5.2Quality issues-
The GI Act needs to lay greater emphasis on quality monitoring issues. Tough legal
provisions are needed to ensure that products with GI tags meet the required quality
standards.
Quality monitoring is an important aspect of protecting Geographical Indications (GIs),
and it is essential to ensure that products with GI tags meet the required quality standards.
The Geographical Indications of Goods (Registration and Protection) Act, 1999 already
contains provisions related to quality control and certification, but these may need to be
strengthened further to ensure that the products carrying the GI tag meet the expected
quality standards.
To address this issue, the following measures can be taken:
Establishing a system of accreditation and certification for producers of GI products, to
ensure that they comply with the required quality standards. This can be done by setting up
an independent certification agency that is responsible for inspecting and certifying the
products that carry the GI tag.
Increasing the resources allocated to the Geographical Indications Registry to enable it to
conduct regular quality checks on GI products. This could involve hiring additional staff or
working with independent experts to conduct quality assessments.
Imposing penalties and fines on producers who fail to meet the required quality standards.
This would act as a deterrent and encourage producers to take quality control seriously.
Conducting awareness campaigns to educate producers and consumers about the
importance of quality control in maintaining the value of GI products. This could involve
working with industry associations and trade bodies to raise awareness of best practices
and encourage the adoption of quality control measures.
Developing standards and guidelines for the production of GI products. This could involve
working with relevant stakeholders, including producers, experts, and government
agencies, to develop a set of standards and guidelines that would ensure that GI products
meet the required quality standards.
In summary, quality control is an essential aspect of protecting Geographical Indications,
and it is important to ensure that products carrying the GI tag meet the expected quality
standards. By implementing the measures outlined above, it should be possible to
strengthen the quality monitoring provisions of the Geographical Indications of Goods
(Registration and Protection) Act, 1999, and ensure that GI products continue to be valued
for their quality and uniqueness.
5.3 Imitation of products

Poor-quality imitations of GI products are being produced within India, particularly in

regions such as Surat. This undermines the value of the original products and needs to be
addressed.
The issue of poor-quality imitations of Geographical Indication (GI) products being
produced within India is a serious concern, as it can undermine the value and reputation of
the original products. To address this issue, the following measures can be taken:
Strengthening the legal framework for the protection of GIs in India. This could involve
increasing penalties and fines for producers of fake or counterfeit GI products, and
enhancing the enforcement mechanisms for detecting and punishing violators.
Conducting regular raids and inspections to identify and seize fake or counterfeit products.
This could involve working with local law enforcement agencies and setting up special
task forces to investigate and prosecute offenders.
Raising awareness among consumers about the risks of buying fake or counterfeit GI
products. This could involve working with consumer organizations and industry
associations to develop educational campaigns that inform consumers about the
importance of buying authentic GI products and how to identify them.
Promoting and marketing authentic GI products in a way that highlights their uniqueness
and value. This could involve working with producers to develop marketing campaigns
that emphasize the authenticity and quality of the products, and encouraging consumers to
support and appreciate the original GI products.
Encouraging producers of GI products to adopt better quality control measures, to ensure
that their products are of the highest quality and cannot be easily replicated. This could
involve working with experts and government agencies to develop quality control
standards and guidelines that are tailored to the specific requirements of different GI
products.
In summary, the production of poor-quality imitations of GI products is a serious concern
that needs to be addressed to protect the value and reputation of the original products. By
implementing the measures outlined above, it should be possible to strengthen the legal
framework for the protection of GIs, improve quality control measures, and promote
awareness among consumers about the importance of buying authentic GI products.
5.4 Enforcement of GIs
Effective enforcement of the GI Act is a major challenge, given the multiple outlets for the
sale of such products. Better supervision and screening of such outlets are needed, both in
domestic and foreign markets. Effective enforcement of the Geographical Indications (GI)
Act is a significant challenge, given the multiple outlets for the sale of such products, both
in domestic and foreign markets. To address this issue, the following measures can be
taken:
Strengthening the enforcement mechanisms of the Geographical Indications Registry. This
could involve increasing the resources allocated to the registry for monitoring and
enforcement activities, hiring more staff, and working with local law enforcement agencies
to detect and prosecute violations.
Developing a comprehensive database of registered GI products and their producers. This
could help to track and monitor the distribution and sale of GI products and identify
potential violators. The database could be made available to law enforcement agencies and
other relevant stakeholdersConducting regular inspections of markets and outlets for the
sale of GI products. This could involve setting up special teams to visit markets and outlets
across the country and seize fake or counterfeit products. The inspections could also help
to raise awareness among retailers and traders about the importance of selling authentic GI
products.
Collaborating with foreign governments and organizations to detect and prevent the sale of
counterfeit GI products in international markets. This could involve working with the
Indian embassies and trade associations in foreign countries to raise awareness and
coordinate enforcement activities.
Conducting awareness campaigns among producers, retailers, and consumers about the
importance of protecting GIs. This could involve organizing workshops, seminars, and
training sessions for stakeholders to educate them about the benefits of GIs and the legal
framework for their protection.
In summary, effective enforcement of the Geographical Indications Act is critical to
protecting the value and reputation of GI products. By implementing the measures outlined
above, it should be possible to strengthen the enforcement mechanisms of the
Geographical Indications Registry, develop a comprehensive database of registered GI
products and their producers, conduct regular inspections of markets and outlets,
collaborate with foreign governments and organizations, and raise awareness among
stakeholders about the importance of protecting GIs.
5.5 Image creation -
Creating a strong brand and image for GI products is crucial for their commercial success.
Promotional marketing strategies need to be developed that focus on the psychology of
consumers within and outside the country.

Creating a strong brand and image for Geographical Indication (GI) products is crucial for
their commercial success. To achieve this, it is necessary to develop promotional
marketing strategies that focus on the psychology of consumers within and outside the
country. Here are some measures that can be taken to create a strong brand and image for
GI products:
Developing a strong visual identity: GI products should have a strong visual identity that is
instantly recognizable and communicates the unique characteristics of the product. This
could involve designing a logo, packaging, and promotional material that reflects the
culture and heritage of the product's origin.
Engaging in targeted marketing campaigns: Marketing campaigns should be targeted to the
specific preferences and needs of consumers within and outside the country. This could
involve working with local marketing experts to identify key consumer groups and
develop marketing campaigns that appeal to their interests and values.
Leveraging social media and e-commerce platforms: Social media and e-commerce
platforms provide a powerful tool for promoting GI products to a global audience.
Producers should leverage these platforms to reach new customers and build a strong
online presence.
Highlighting the cultural significance of GI products: GI products are often closely
associated with the culture and heritage of a particular region or community. Producers
should emphasize the cultural significance of their products in their marketing campaigns,
highlighting the unique stories and traditions that underpin the product's identity.
Collaborating with influencers and opinion leaders: Collaborating with influencers and
opinion leaders can help to build awareness and generate interest in GI products. Producers
should identify influencers and opinion leaders who are passionate about the culture and
heritage of the product's origin and work with them to promote the product to their
followers.
In summary, creating a strong brand and image for GI products is essential for their
commercial success. By developing a strong visual identity, engaging in targeted
marketing campaigns, leveraging social media and e-commerce platforms, highlighting the
cultural significance of GI products, and collaborating with influencers and opinion
leaders, it should be possible to promote GI products to a global audience and build a
strong brand identity for these unique and valuable products.
Intellectual Property Rights and Cyber Space
Cyberspace and intellectual property rights (IPRs) are closely intertwined, as the internet
has become a primary platform for the creation, distribution, and consumption of
intellectual property.
One of the key challenges facing IPRs in cyberspace is the ease with which digital content
can be reproduced and distributed without the permission of the copyright owner. This has
led to widespread piracy of music, movies, software, and other types of digital content,
which can result in significant losses for the creators and owners of that content.
In response, a variety of legal and technological measures have been developed to protect
IPRs in cyberspace. These include digital rights management (DRM) technologies, which
are designed to prevent unauthorized copying and distribution of digital content, as well as
legal frameworks for copyright infringement and enforcement.
Another key issue facing IPRs in cyberspace is the rise of online platforms and social
media, which have made it easier for users to share and distribute copyrighted content
without permission. This has led to complex legal questions around issues such as fair use,
secondary liability, and the role of online platforms in enforcing copyright laws.
In recent years, there has also been growing concern around the use of cyberspace to
facilitate trademark infringement and counterfeiting. This can include the use of domain
names that are similar to established trademarks, as well as the sale of counterfeit goods
through online marketplaces and social media platforms.

To address these challenges, governments and international organizations have developed

a range of policies and initiatives aimed at protecting IPRs in cyberspace. These include
laws and regulations to address copyright and trademark infringement, as well as efforts to
promote international cooperation and information sharing to combat piracy and
counterfeiting.
The relationship between cyberspace and IPRs is complex and constantly evolving, with
new challenges and opportunities emerging on a regular basis. As technology continues to
advance and the internet continues to play an increasingly important role in our lives, it is
likely that the issues surrounding IPRs in cyberspace will continue to be a significant focus
of attention for policymakers, industry stakeholders, and the public. Another area of
concern in cyberspace and IPRs is the protection of trade secrets. With the widespread use
of digital technologies, it has become easier for employees, contractors, and business
partners to access and misuse confidential business information. This can include
everything from product designs and manufacturing processes to customer lists and
financial data.

To address these challenges, companies are increasingly turning to legal measures such as
non-disclosure agreements and trade secret litigation to protect their confidential
information. At the same time, policymakers are exploring ways to strengthen legal
protections for trade secrets and to increase penalties for those who engage in trade secret
theft or misuse.
Finally, it's worth noting that the relationship between cyberspace and IPRs is not just
about protecting existing forms of intellectual property. The internet has also created new
opportunities for innovation and creativity, and has given rise to new forms of intellectual
property such as open-source software, creative commons licenses, and crowdsourced
content.
These new forms of intellectual property challenge traditional notions of ownership and
control, and have led to new debates around issues such as the sharing economy,
collaborative innovation, and the role of intellectual property in promoting social and
economic development.
In conclusion, the relationship between cyberspace and intellectual property rights is
complex and multifaceted, and raises a wide range of legal, ethical, and policy issues. As
technology continues to evolve and the internet continues to play an increasingly important
role in our lives, it is likely that these issues will continue to be a significant focus of
attention for policymakers, industry stakeholders, and the public.
International organization for IPR-
The primary international organization for intellectual property rights (IPR) is the World
Intellectual Property Organization (WIPO), which was established in 1967 as a specialized
agency of the United Nations. WIPO is headquartered in Geneva, Switzerland, and has 193
member states. Its mission is to promote the protection of intellectual property throughout
the world by providing legal and technical assistance to member countries, developing
international treaties and agreements, and facilitating cooperation between governments,
businesses, and other stakeholders.
WIPO administers a number of international treaties and agreements related to intellectual
property, including the Paris Convention for the Protection of Industrial Property, the
Madrid Agreement Concerning the International Registration of Marks, and the Patent
Cooperation Treaty (PCT). The PCT is an international patent law treaty that provides a
streamlined process for filing patent applications in multiple countries.
In addition to WIPO, other international organizations that are involved in intellectual
property issues include the World Trade Organization (WTO), which oversees the
implementation of the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS), and the World Health Organization (WHO), which works to promote
access to essential medicines while also protecting the rights of patent holders.
Overall, international organizations play a key role in shaping the global intellectual
property landscape and promoting the protection of intellectual property rights around the
world.
Other international organizations that play a role in IPR include:
The United Nations Educational, Scientific and Cultural Organization (UNESCO) -
UNESCO is dedicated to promoting international cooperation in the fields of education,
science, and culture. As part of its mission, UNESCO works to promote the protection of
intellectual property rights, particularly with regard to cultural heritage.
The International Federation of Intellectual Property Attorneys (FICPI) - FICPI is a global
organization of intellectual property attorneys that promotes the development and
protection of intellectual property rights. Its members include attorneys and other
professionals from more than 80 countries.
The International Trademark Association (INTA) - INTA is a global association of
trademark owners and professionals that works to promote the protection of trademarks
and related intellectual property rights. Its members include trademark attorneys, brand
owners, and other stakeholders from around the world.
The International Association for the Protection of Intellectual Property (AIPPI) - AIPPI is
a global organization of intellectual property professionals that promotes the development
and protection of intellectual property rights through education, advocacy, and networking.
These and other international organizations play an important role in promoting the
protection of intellectual property rights around the world, facilitating cooperation and
collaboration among governments, businesses, and other stakeholders, and shaping the
global intellectual property landscape.
Economic impact of IPR –
Intellectual property rights (IPR) have a significant economic impact on countries around
the world. Here are some of the ways in which IPR can impact the economy:
Encouraging innovation and creativity: Intellectual property rights provide incentives for
individuals and businesses to invest in research and development, create new products, and
develop new technologies. By protecting the rights of innovators and creators, IPR
encourage greater investment in innovation and creativity, which can drive economic
growth and development.
Supporting entrepreneurship and small businesses: Intellectual property rights can provide
a competitive advantage for small businesses and startups by enabling them to protect their
ideas and inventions. This can help to promote entrepreneurship and support the growth of
small businesses, which are important drivers of economic growth.
Promoting foreign investment: Strong intellectual property rights can help to attract
foreign investment by providing assurance to investors that their investments will be
protected. This can help to promote economic growth and development by providing a
stable and predictable environment for business.
Encouraging trade: Intellectual property rights are an important part of international trade
agreements, as they help to protect the rights of businesses and promote fair competition.
By providing a framework for protecting intellectual property rights, IPR can help to
facilitate international trade and promote economic growth.
Creating jobs: Investment in innovation and creativity can lead to the creation of new jobs
and industries. Strong intellectual property rights can help to promote the growth of
industries such as technology, biotech, and creative industries, which can create new jobs
and support economic growth.
Boosting competitiveness: Intellectual property rights can help to promote competition by
enabling businesses to protect their ideas and inventions from infringement. This can help
to level the playing field for businesses of all sizes and promote fair competition, which
can drive innovation and economic growth.
Overall, the economic impact of IPR is significant, as it promotes innovation and
creativity, supports entrepreneurship and small businesses, attracts foreign investment,
encourages trade, creates jobs, and boosts competitiveness.
Facilitating technology transfer: Strong intellectual property rights can help to facilitate the
transfer of technology from developed countries to developing countries. By providing
protection for the intellectual property rights of innovators, IPR can help to promote the
transfer of technology and knowledge across borders, which can support economic
development and growth.
Fostering research and development: Intellectual property rights provide an incentive for
businesses and individuals to invest in research and development. This investment can lead
to the development of new technologies, products, and services, which can drive economic
growth and development.
Providing revenue streams: Intellectual property rights can provide a revenue stream for
businesses and individuals, as they can license their intellectual property to others for a fee.
This can provide a steady source of income for businesses and individuals, which can
support continued investment in innovation and creativity.
Protecting consumers: Intellectual property rights can also protect consumers by ensuring
that they have access to safe and reliable products and services. By providing protection
for the intellectual property rights of innovators, IPR can help to ensure that consumers
have access to high-quality products and services, which can promote public health and
safety.
Overall, the economic impact of IPR is significant and wide-ranging, with benefits for
businesses, consumers, and society as a whole. By promoting innovation and creativity,
supporting entrepreneurship and small businesses, attracting foreign investment,
encouraging trade, creating jobs, boosting competitiveness, facilitating technology
transfer, fostering research and development, providing revenue streams, and protecting
consumers, IPR can play an important role in driving economic growth and development.
 CONCLUSION
Geographical Indications (GIs) are a form of intellectual property rights that identify
products as originating from a specific geographic region and possessing certain unique
qualities, characteristics, or reputation. The registration of a GI provides legal protection
against imitation or misuse of the product's name, promoting its recognition and economic
value.

India, with its diverse cultural and geographical landscape, has a vast range of products
with unique qualities and characteristics. Some of the most famous GI-tagged products
from India include Darjeeling tea, Banarasi sarees, Kanchipuram silk, Alphonso mangoes,
and Nagpur oranges.

Despite the recognition of these products, there are several challenges that need to be
addressed for the effective implementation and sensitization of GIs in India. One of the
major challenges is the need for a stronger legal framework that can prevent the copying of
GI tags by domestic and international competitors. The current laws need to be
strengthened to provide better protection to GI products.

Another challenge is the need for greater emphasis on quality monitoring. Tough legal
provisions are needed to ensure that products with GI tags meet the required quality
standards. This is especially important for products like food and handicrafts, where
quality can have a significant impact on consumer satisfaction and trust.

Enforcement of GI tags is also a challenge, given the multiple outlets for the sale of such
products. Better supervision and screening of such outlets are needed, both in domestic and
foreign markets. The effective implementation of GIs can also be supported through the
creation of strong brands and images for these products. Promotional marketing strategies
need to be developed that focus on the psychology of consumers within and outside the
country.
In conclusion, GIs have immense potential to benefit the traditional knowledge, cultural
heritage, and local economies of India. However, addressing the challenges related to legal
frameworks, quality monitoring, enforcement, and brand building requires a collaborative
effort between the government, industry, and civil society. With continued efforts and
collaboration, India can leverage the benefits of GIs and promote its unique and valuable
products globally.
 SUGGESTIONS
India has made significant progress in recent years in terms of strengthening its intellectual
property rights (IPR) system. However, there is still room for improvement. Here are some
suggestions to enhance the IPR system in India:
Increase awareness and education: Many people in India are not familiar with intellectual
property rights and the importance of protecting them. Increasing awareness and education
about IPR among the general public, as well as among businesses and innovators, can help
to promote greater respect for intellectual property and reduce infringement.
Strengthen legal framework: India's IPR laws have been criticized for being outdated and
inadequate. Updating and strengthening the legal framework for IPR can help to provide
greater protection for innovators and creators and deter infringement.
Improve enforcement: Enforcement of IPR laws in India is often weak, which undermines
the effectiveness of the legal framework. Improving enforcement by providing adequate
resources to law enforcement agencies, increasing penalties for infringement, and
improving coordination between government agencies can help to reduce infringement and
promote respect for IPR.

Promote innovation: Encouraging innovation is key to promoting economic growth and

development. Policies that promote research and development, such as tax incentives and
grants, can help to encourage innovation and support the growth of businesses in India.
Increase international cooperation: International cooperation can help to strengthen the IPR
system in India by providing access to best practices and expertise from other countries.
India should continue to work closely with international organizations, such as WIPO and
the WTO, to improve its IPR system and promote greater respect for intellectual property.

Streamline patent and trademark registration: The patent and trademark registration
process in India can be lengthy and cumbersome, which can discourage innovators and
businesses from seeking protection for their intellectual property. Streamlining the
registration process, reducing the time it takes to obtain patents and trademarks, and
improving the quality of examinations can help to make the system more user-friendly and
encourage greater participation.
Foster collaboration between industry and academia: Collaboration between industry and
academia can help to promote innovation and the development of new technologies.
Policies that encourage greater collaboration, such as joint research initiatives and
technology transfer programs, can help to bridge the gap between academia and industry
and promote the commercialization of new ideas.
Strengthen the IP ecosystem: The IP ecosystem in India includes a wide range of
stakeholders, including businesses, innovators, lawyers, and government agencies.
Strengthening the ecosystem by improving access to resources, such as training programs
and legal aid, can help to support the growth of businesses and promote greater respect for
intellectual property rights.
Promote alternative dispute resolution: Alternative dispute resolution mechanisms, such as
arbitration and mediation, can be an effective way to resolve IPR disputes outside of the
court system. Promoting the use of these mechanisms can help to reduce the burden on the
court system and provide a more efficient and cost-effective way to resolve disputes.
By implementing these suggestions, India can strengthen its IPR system, encourage
innovation and economic growth, and promote greater respect for intellectual property
rights.
 REFERENCES/BIBLIOGRAPHY

ARTICLES

 24 Nov 2022 “IPR in India” Lawpedia

 “An Introduction to Intellectual Property Rights and their Importance in Indian Context” by
Lalit Jajpura,Bhupinder Singha and Rajkishore Nayak uploaded on Manupatra
 Importance of Intellectual Property Rights in Indian Situation by Keshav Bhiva
Langare

 GEOGRAPHICAL INDICATIONS IN INDIA by Anita Moudgil on Researchgate

BOOKS

 B. L. Wadhera on patent, Trademarks, and copyright law.

 P. Narayan on intellectual property law.
 G.B. Reddy, Intellectual Property Law.
 Meenu Paul, Intellectual Property Law

DICTIONARIES

 The New international Webster‟s Comprehensive

Dictionary of the English Language,
DeluxeEncyclopedic Edition, Trident Press International
(1996 Ed.)
 Encyclopedia Britannica, available at – www.Britannica.com
 The Encyclopedia of Diderot & d'Alembert, Vol. 1, (1751).
 “The Concise Oxford Dictionary of Current
 English”; Sixth Ed; Oxford University Press
 The Oxford Encyclopaedia of the Islamic World, John L. Esposito (ed.).
 Black's Law Dictionary, 4Th ed. & 6Th ed.
 Merriam- Webster’s Dictionary of Law © 1996

WEB SOURCES
 https://ipindia.gov.in/writereaddata/Portal/Images/pdf/
GI_Application_Register_List_14-07-2022
 http://www.legalserviceindia.com/articles/op.htm
 https://www.researchgate.net/publication/
358797607_GEOGRAPHICAL_INDICATIONS_IN_INDIA
 https://www.sciencedirect.com/topics/social-sciences/hindu-law
 https://www3.wipo.int/ipstats/index.htm?tab=geographical
 MANUPATRA.
 SCC.
te Number Important GI tag items
Andhra Pradesh 19 Leather Puppetry, Guntur
Chillies,Bandar Laddu
Assam 10 Muga Silk,Tezpur Litchi
Arunachal Pradesh 02 Orange,Mishmi textiles
Bihar 13 Madhubani Paintings, Bhagalpur silk,
shahiLitchi. Sujini embroidery logo
Chhatisgarh 02 Champa silk sarees, Jeeraphool,
Bastar Iron craft
Goa 15 Fenni,Khola chilki
Gujarat 02 Gir kesar mango, Patan patola,Kutch
embroidery, Rajkot patola
Haryana 09 Basmati rice, Phulkari
HimachalPradesh 09 Kullu Shawls, Kangra Tea
Jammu Kashmir 09 Kashmir walnuts wood
carvings, Kani shawls, Pashmina
Jharkhand 01 Sohrai-khivar paintings
Karnataka 48 Mysore Agarbattis, MPak,
Bangalore rose onion, udapi sarees, Coorg green
cardamom
Kerala 32 Brass coconut shell craft
embroidered, central Travancore Jaggery,
Pokkali Rice, kaipad Rice, Tirur betel leaf
Madhya Pradesh 12 Chanderi fabric and sarees,
Mahshwar sarees
Maharashtra 34 Solapuri chaddar, Nagpur
orange, Nashik valley Wine, nashik grapes,
Wasli Paintings,Sangli Raisins,
Jal gaon banana
Manipur 05 Kachai Lemon, Chak Hao
Meghalaya 02 Khasi Mandarin, Memomg
Narang
Mizoram 06 Paundum, Hmaram, Mizo Puanchei
Nagaland 03 Naga Mircha, Naga Tree tomato
Odisha 18 Gopalpur Tussar fabric, Gaujam
kewada, Hanaspuri sarees, Odisha rasagolla
Punjab 02 Pulkari
Rajasthan 15 Phulkari, Kota Doria, Kathputllis
of rajasthan, Pokaran pottery
TamilNadu 39 Salem Fabric, Kancheepuram
Silk, Malabar pepper,Dindigul locks, Tanjavur
Pith work
State Number Important GI tag items
Andhra Pradesh 19 Leather Puppetry, Guntur
Chillies,Bandar Laddu
Assam 10 Muga Silk,Tezpur Litchi
Arunachal Pradesh 02 Orange,Mishmi textiles
Bihar 13 Madhubani Paintings, Bhagalpur silk,
shahiLitchi. Sujini embroidery logo
Chhatisgarh 02 Champa silk sarees, Jeeraphool,
Bastar Iron craft
Goa 15 Fenni,Khola chilki
Gujarat 02 Gir kesar mango, Patan patola,Kutch
embroidery, Rajkot patola
Haryana 09 Basmati rice, Phulkari
HimachalPradesh 09 Kullu Shawls, Kangra Tea
Jammu Kashmir 09 Kashmir walnuts wood
carvings, Kani shawls, Pashmina
Jharkhand 01 Sohrai-khivar paintings
Karnataka 48 Mysore Agarbattis, MPak,
Bangalore rose onion, udapi sarees, Coorg green
cardamom
Kerala 32 Brass coconut shell craft
embroidered, central Travancore Jaggery,
Pokkali Rice, kaipad Rice, Tirur betel leaf
Madhya Pradesh 12 Chanderi fabric and sarees,
Mahshwar sarees
Maharashtra 34 Solapuri chaddar, Nagpur
orange, Nashik valley Wine, nashik grapes,
Wasli Paintings,Sangli Raisins,
Jal gaon banana
Manipur 05 Kachai Lemon, Chak Hao
Meghalaya 02 Khasi Mandarin, Memomg
Narang
Mizoram 06 Paundum, Hmaram, Mizo Puanchei
Nagaland 03 Naga Mircha, Naga Tree tomato
Odisha 18 Gopalpur Tussar fabric, Gaujam
kewada, Hanaspuri sarees, Odisha rasagolla
Punjab 02 Pulkari
Rajasthan 15 Phulkari, Kota Doria, Kathputllis
of rajasthan, Pokaran pottery
TamilNadu 39 Salem Fabric, Kancheepuram
Silk, Malabar pepper,Dindigul locks, Tanjavur
Pith work