Open Access Research Article
CONFLICTS BETWEEN TRADEMARKS AND GEOGRAPHICAL INDICATIONS IN PRODUCTS (By Kavitha Christo Nelson)
Published Paper
Article Details
Conclusion, Recommendations, and Suggestions:
The protection of Geographical Indication demands a
heavy structure and heavy costs with demanding communities of collective people
producing a particular product maintaining its quality and characteristics that
are being protected under the international regimes of Intellectual Property
Rights. Such deserves extended protection when such Geographical Indication is
promoted on transnational borders towards maintaining the quality standards and
reputation of a particular region or country.
Since the existing Intellectual Property Laws depend
on the Geographical Indication and Trademark Laws for any GI thefts and
infringements. To overcome the lacunae and inadequacy towards the protection of
Geographical Indication under the Trademark law regime, the sui generis may to
a limited extent provide solutions perpetually. While protecting the GIs, it
also requires stringent laws to prevent the Geographical Indication marks as
their Trademark worldwide to prevent the misapprehension of its quality and
brand amongst its legitimate consumers.
The article recommends from an Intellectual property
Right that is indirectly affixed with the business and from such a business
perspective, the Geographical Indications would demand mandated national legal
parameters to protect the brand and the appellations of origin that are
associated with their national boundaries and to satisfy their consumer
perspective and expectations that are associated with their brand quality.
This article also suggests that since there is no
comprehensive way of searching for all Geographical Indications that are
officially registered worldwide, the Directory of IP Offices can be accessible
on the WIPO website. Such a worldwide Geographical Indication Registry can be a
better option to avoid conflicts between the Trademarks and Geographical Indications
in near future.
To conclude though, worldwide the acceptance of
Geographical Indications have prevailed in branding when such are overlapped
and conflict with the trademark better stringent laws might prevent the
unauthorized use of the GI tagged labels and names in their trademark products
which is otherwise misleading their consumer.
Article Information
CONFLICTS BETWEEN TRADEMARKS AND GEOGRAPHICAL INDICATIONS IN PRODUCTS (By Kavitha Christo Nelson)
Author Name: Kavitha Christo Nelson
Title: CONFLICTS BETWEEN TRADEMARKS AND GEOGRAPHICAL
INDICATIONS IN PRODUCTS
Email Id: kavithachristo@yahoo.com
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/04/25
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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