Open Access Research Article

BEYOND REGISTRATION: LEGAL PROTECTION AND ENFORCEMENT OF GEOGRAPHICAL INDICATIONS FOR TRADITIONAL TEXTILES IN INDIA

Author(s):
PRISCILLA LALRINFELI DR. RAJIV BHALLA
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8

Abstract

Geographical Indications are a central instrument for protecting India’s handloom heritage, yet registration alone does not stop imitation. This paper examines the protection and enforcement of Geographical Indications for traditional textiles under the Geographical Indications of Goods (Registration and Protection) Act, 1999, read with the TRIPS Agreement. It analyses the statutory scheme, the limited case law, including Tea Board, India v. ITC Ltd. and Scotch Whisky Association v. J.K. Enterprises, and published field studies of Pochampally, Banaras and Kutch. It identifies five reasons why enforcement lags registration: uneven authorised-user registration, absent inspection, the goods-only limit of infringement, weak complementary handloom protections, and the cost and capacity burdens on weavers. It recommends reforms to authorised-user onboarding, inspection and traceability, enforcement funding, the scope of infringement and coordination with handloom laws.   Keywords: Geographical Indication, Traditional Textiles, Handloom, Enforcement, Authorised User, Passing Off.

Published Paper

PDF Preview

Author Details

Authors: PRISCILLA LALRINFELI & DR. RAJIV BHALLARegistration ID: 1013639 | Published Paper ID: IJLRA13639 & IJLRA13640Approved ISSN: 2582-6433 | Country: Delhi, India

About Journal

International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.

Creative Commons

Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.