GEOGRAPHICAL INDICATIONS AS TOOL FOR RURAL DEVELOPMENT: A CRITICAL ANALYSIS BY - HIMANI TAK & JAY SANVALIYA
GEOGRAPHICAL INDICATIONS AS TOOL
FOR RURAL DEVELOPMENT: A CRITICAL ANALYSIS
AUTHORED BY -
HIMANI TAK & JAY SANVALIYA,
LL.M, Hidayatullah National Law University
ABSTRACT
Intellectual
property refers to the products of human creativity and intelligence.
Currently, there exist different types of Intellectual Property Rights that are
given to safeguard and encourage creativity and innovation. One of these
categories is called "Geographical Indications” (GI). Geographical
Indications typically establish a connection between a specific geographic
region and the distinctive features, excellence, or reputation of a product
that has historically originated from that region. The utilization of
Geographical Indication-protected products deeply embedded in the culture and
tradition of a specific geographical area is crucial for local manufacturers to
thrive in global markets and generate value for rural populations at the
international level. This paper aims to increase awareness of the significance
of geographical indication in the context of development. It does so by
emphasizing its application and contribution to the progress of rural or
underprivileged areas. Additionally, it also emphasizes the diverse facets and
advantages of Geographical Indications (GIs) in fostering rural development in
India.
INTRODUCTION
A geographic
indication serves as a mark used on goods that come from a particular area and
are unique or esteemed due to that specific origin, embodying unique attributes
or a reputation linked to their place of origin. These indications are
typically safeguarded through different means of protection, ensuring that a
product is associated with a specific geographic area. “Geographical
indications of origin” and “appellations of origin” both necessitate that the
product possesses specific traits or characteristics that are reflective of its
geographic location. There must exist a connection or correlation between the
product and its location.
Geographical indications of origin extend beyond
merely denoting the product's quality; they also capture its reputation or
unique features. For consumers, origin can signify that the product has certain
desirable qualities or attributes. Often, consumers are prepared to pay a
premium for such products. Brand recognition is a dominant aspect of marketing,
and GI is a characteristic that provides for the origin of such Products.
The GI Spring framework represents an all-encompassing
strategy for rural advancement, focusing on boosting economic benefits while
simultaneously preserving and uplifting community values including culture,
heritage, and environmental guardianship. Geographical indications serve as a
means to legally represent, safeguard, and enhance local cultures and economies
by promoting products and services on a global scale. Geographical indicators
have greatly aided in the creation of high-quality rural jobs and economic
growth. This may promote the preservation of the distinctive social, cultural,
and intellectual property associated with traditional knowledge, crafts, and
the highly prized modes of expression specific to a given area.
WHAT
IS GEOGRAPHICAL INDICATION?
Geographical indications have long been recognized as
a type of intellectual property. “Article 1(2) of the Paris
Convention of 1883 defines indications of source and appellations of origin as
industrial property”.[1] According to “paragraph (3) of Article 1(2)”, “the term industrial
property encompasses not only industry and commerce but also agricultural and
extractive industries, as well as all manufactured or natural products such as
wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer,
flowers, and flour”.
The term "Geographical Indication" has been in
existence for numerous years, but its widespread application emerged with the
enforcement of the WTO's TRIPS Agreement in the mid-1990s. Article 22 of this
agreement outlines the definition of Geographical Indications as:
"Geographical indications are, for the
purposes of this Agreement, indications which identify a good as originating in
the territory of a member, or a region or locality in that territory, where a
given quality, reputation or other characteristic of the good is essentially
attributable to its geographic origin”[2]
The World
Intellectual Property Organization (WIPO) defines GI as:
“A geographical indication (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 order to function as a GI, a
sign must identify a product as originating in a given place. In addition, the
qualities, characteristics or reputation of the product should be essentially
due to the place of origin. Since the qualities depend on the geographical
place of production, there is a clear link between the product and its original
place of production.”.
This generally
means that the sourcing and the processing of the raw material shall be done at
the same place. With Geographical Indications (GIs), having even a single
characteristic associated with its place of origin is adequate, whether it be
the product's quality, a unique aspect of the product, or simply its renown.[3]
Following the introduction of the TRIPS agreement in 1994,
there has been a surge in attention towards Geographical Indications (GI) from
policymakers, trade negotiators, and producers. Consequently,
due to the TRIPS Agreement, Geographical Indications (GIs) are increasingly
gaining traction among a broader array of nations, moving beyond the small
group that has historically implemented active GI strategies.
CONSENSUS over the definition
The concept of
"Indications of Source" is a key element in international agreements
such as "The Paris Convention" and "The Madrid Agreement"
that safeguard industrial property rights. While no formal definition is given
in these agreements, the wording in the Agreement suggests that a source
indication refers to the nation or a particular area within that country from
which a product originates.
The "Paris Convention for the Protection of Industrial
Property" does not encompass the concept of "geographical
indications." However, "Article 1, section (2)" of the
convention does recognize subjects of industrial property to include both
indications of source and appellations of origin. This creates a
differentiation where "indications of source" denote the origin of a
product or service, and "appellations of origin" specify the geographical
name of the place from which a product originates, highlighting its unique
qualities.[4]
The Lisbon
Agreement protects appellations of origin, which are "geographical
denominations of a country, region, or locality that serve to designate a
product originating therein, the quality or characteristics of which are due
exclusively or essentially to the geographic environment, including natural and
human factors.”[5]
The 1958 Lisbon Agreement outlines the definition of
appellations of origin, or geographical indications, as the specific
geographical location that gives a product its unique quality or
characteristics. The term "appellation" is often seen as more
restrictive than "indication," but with the recognition of the
influence of human factors, this distinction is becoming less relevant in
today's understanding.
The Paris
Convention defines "indication of source" broadly, including
agriculture, manufactured or natural products, as well as industry and
commerce. The World Intellectual Property Organization (WIPO) defines Geographical
Indication (GI) as "product or service originates in a country" and
refers to the characteristics of a product that are unique to a specific
location or region. Finally, the TRIPS Agreement defined GI as a “good that
originated in the territory or region where a given quality can be attributed
to its geographic origin. The definition places a strong emphasis on products
or services that originate in a specific locality or territory and have the
quality, reputation, or characteristics of that location. The quality,
reputation, and characteristics of products or services vary from location to
location due to climatic conditions, geographic conditions, and the method and
means of production.”
LEGAL
FRAMEWORK FOR GI IN INDIA
In India, a legal
system protecting Geographical Indications (GI) has only recently been
established. Previously, there was no separate statute on GI, but there were a
few other ways to protect geographical tags in the Indian legal system. Some of
the ways in which GI protection were available:
- Under
consumer protection laws.
- By
filing a passing off action in court.
- Obtain
a certification mark under trademark laws.
With the
passage of time and the emergence of modern complexities, a specific statute
was deemed necessary to safeguard “Geographical Indications (GI) in India. In
1999, the Indian parliament approved the Geographical Indications of Goods
(Registration and Protection) Act 1999”, drawing significant inspiration from
New Zealand's GI protocols. This legislation aims to enhance the registration
and protection of GI associated with products, prohibiting unauthorized
individuals from utilizing such indications. The primary objective of the act
is to shield the interests of producers, manufacturers, and consumers against
deception regarding the geographic origin of goods and to bolster the economic
success of these products bearing geographical indications in the global
market.
Section 2 (1)
(e) of the act defines GI as: “geographical
indication, in relation to goods, means 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 and in case where such goods are manufactured goods one of the
activities of either the production or of processing or preparation of the
goods concerned takes place in such territory, region or locality, as the case
may be.”
REASONS FOR
POPULARITY OF GEOGRAPHICAL INDICATIONS
Numerous opportunities exist to promote geographical
indications, potentially enhancing the market value and success of origin-based
producers through trade standards. Safeguarding certain information guarantees
quality for consumers. Geographical indications attribute
significant qualities to products and services that may not be immediately
apparent, providing insight into the production process of items like wine or
cheese. By linking a product to a specific region and its distinctive
qualities, consumers are assured of the product's authenticity and are more
eager to engage with it.
A 1999 EU survey involving 20,000 consumers regarding their
purchasing habits of GI products revealed several motivations: 37% were
primarily motivated by the assurance of origin, 35% by the anticipated quality,
31% by the specific origin and production method of the product, and 16% by its
traditional value. Additionally, 51% of the respondents, representing roughly
180 million EU citizens, expressed a willingness to pay a premium of 10-20% for
GI products over similar non-GI items. This indicates a strong consumer
inclination towards products with geographical indications.
The analysis further suggests that the protection of
geographical indications in the EU positively influences traditional
agricultural practices and their connection to their place of origin, gradually
attracting consumer interest. There's a clear indication that when the
interests of producers are safeguarded, either directly or indirectly, it
significantly benefits the rural economy.[6]
Consumers
establish an intimate connection with producers, acknowledging their unique
approach to processing and manufacturing, along with the inherent qualities
bestowed upon their products by the surrounding climate or geographical
location. This unquestionably safeguards the interests of both local consumers
and those from beyond the community.
The Economic Impact of Geographical Indications Worldwide
The demand for
GI products is vast, particularly in the affluent regions of the United States,
Europe, and other prosperous nations. It is estimated that the global market
for GI products exceeds a staggering $50 billion, with a significant portion of
this sum allocated to the indulgence of wines and spirits.
According to a
comprehensive analysis conducted by the European Commission, the esteemed
Geographical Indications (GIs) protected by the European Union attribute a
staggering sales value of €74.76 billion. Remarkably, more than a fifth of this colossal
sum is derived from exports beyond the confines of the European Union. The
study further reveals that products bearing the distinguished mark of
certification enjoy a sales value that is approximately twice as substantial as
their non-certified counterparts.
In 2017, the
collective sales of products with geographical indications and those with
traditional specialties guaranteed amounted to an impressive €77.15 billion,
accounting for 7% of the total sales in the European food and drink industry.
The category of wines led the way with sales of €39.4 billion, followed by agricultural
products and foodstuffs, which made up 35% of the total with €27.34 billion,
and spirit drinks, which constituted 13% with sales of €10.35 billion.
Out of the 3,207 product names registered that year, nearly half were wines,
43% were agricultural and food products, and 8% were spirit drinks.[7].
In the context
of India, the Central Government, through “the Agricultural and Processed Food
Export Development Authority” (APEDA), is facilitating trial exports of a
variety of products such as “Kala Namak rice, Naga Mircha (chili), Assam Kaji
Nemu (lemon), Bangalore Rose Onion, Nagpur Oranges, different Geographical
Indication (GI) varieties of mangoes, GI-tagged Shahi Litchi, Bhalia wheat,
Madurai Malli (jasmine), Bardhaman Mihidana and Sitabhog (sweets), Dahanu
Gholvad Sapota (chikoo), Jalgaon Banana, Vazhakulam Pineapple, and Marayoor
Jaggery to new international markets”. These efforts are in line with the Prime
Minister's campaigns for 'Vocal for Local' and 'Atmanirbhar Bharat'
(Self-reliant India), aimed at promoting indigenous products on a global scale.
In 2021,
notable exports of Geographical Indication (GI) products included shipments
such as “Naga Mircha (King Chilli) from Nagaland to the UK, Black Rice from
Manipur and Assam also to the UK, and Assam Lemon to the UK and Italy.
Additionally, three GI-tagged mango varieties (Fazli, Khirsapati, and
Laxmanbhog) from West Bengal, along with one GI variety of Mango (Zardalu) from
Bihar, were exported to Bahrain and Qatar. Furthermore, around 30 kilograms of
Joynagar Moa, a sweet specialty from the South 24 Parganas district of West
Bengal, was dispatched to Bahrain through Kolkata airport, showcasing the
diverse range of GI-tagged Indian products reaching international markets”.[8]
Makrana Marble from Rajasthan
Makrana Marble
is the most well-known marble in our country, and it can be found in the
Krishnagarh region of Rajasthan.[9]
In Rajasthan, there are many different kinds of marbles that come in different
colors. One place called Makrana is well-known for its white marble that looks
like crystals. There are also other types of marble in Makrana, like Albeta,
Adanga, and Dongri Pink.[10]
The marble from the Rajsamand area is extensively mined. It's off-white and
greyish white. With 600 mines present, the area has a large market potential
for a variety of businesses.[11]
In this region,
the marble stone procured is believed to be of unparalleled excellence on a
global scale. Boasting an enduring luster and an astonishingly minimal presence
of impurities, this stone resource has garnered remarkable recognition. On the
esteemed date of July 19, it achieved the prestigious GHSR status, as affirmed
by IUGS, an illustrious international non-governmental body committed to
fostering collaboration in the realm of geology.[12]
The enduring
splendor of Makrana Marble can be witnessed in the timeless grandeur of ancient
monuments such as the illustrious Taj Mahal, a masterpiece from the 17th
century, and the majestic Victoria Memorial in Calcutta, meticulously crafted
in 1900. Remarkably, despite the passage of centuries, these architectural
marvels continue to radiate a remarkable brilliance and remain unyielding in
the face of nature's relentless trials. They serve as poignant testaments to
the unparalleled resilience of Makrana Marble, a stone that defies the forces
of time.
Makrana Marble,
a calcitic marvel, is discovered in the Makrana and Parbatsar Tehsils, nestled
within the Nagaur District of Rajasthan, India. Boasting an astonishing calcium
carbonate content of over 98%, this exquisite stone is virtually untainted by
impurities and showcases a delightful array of additional constituents such as
magnesium oxide, iron oxide, silica, aluminia, sulfur, and more. Revered for
its exceptional purity, resplendent hues, and impeccable grain quality, Makrana
Marble has earned a prestigious reputation as one of the most extraordinary
materials for intricate carving and breathtaking sculptural masterpieces. For
countless generations, craftsmen have tirelessly quarried this majestic marble
in the revered Makrana region of Nagaur District, Rajasthan, India.
With the
existence of diverse impurities and additional elements like magnesium and
iron, the hue of Makrana Marble displays a range from immaculate white to white
imbued with hints of grey or pink throughout. Remarkably, its pristine white
shade endures for centuries, a quality that sets it apart from other marble
formations which undergo a transformation from white to variations of grey,
black, or yellow as a result of the gradual oxidation of magnesium and iron
into their corresponding oxides.
Its
distinguishing characteristics include fine grain, consistent, evenly
distributed colors, and pleasing and appealing designs and patterns. For the
highest quality monumental marble, the white and albeta varieties of Makrana
Marble are preferred over others. It differs chemically from other marbles due
to its high calcium carbonate content. As a result, it does not turn yellow due
to various external factors, but rather remains white and long-lasting. The
chemical structure is so well blended that it is extremely strong but easy to
carve with a standard chisel.
Rajasthan
produces 90% of India's marble. Only the Makrana Marble from Nagaur District
and the Sirohi Marble from Sirohi District are calcitic marbles. All other
marbles in India are dolomitic marbles, which turn yellowish over time.
Given their
commercial potential, adequate legal protection for Makrana Marble became
necessary to prevent misappropriation, particularly at the national and
international levels, resulting in registration under the Geographical
Indications of Goods (Registration & Protection) Act of 1999.
REGISTRATION OF
GI
The Makrana
Rajasthan State Industrial Development and Investment Corporation Area Marble
Association filed an application for registration of 'Makrana Marble' as Gl on
April 9, 2013, with Gl Application No. 405 in Class 19 with respect to Marbles
(classified under Natural goods). The application was notified in Gl Journal
No. 64 on November 28, 2014, after the examination process had been completed.
After completing the mandatory period of four (four) months of advertisement,
the application was registered on March 30, 2015, under Certificate No. 233.
REVENUE AND
SALES
Marble
production from Makrana is currently around 3,36,396 tonnes per year, with an
annual revenue of Rs. 206309000.[15] There are currently over 5.5 million tonnes
of deposits available.[16]
Prior to GI
registration, the annual production was as follows:
|
Years
|
Production
|
Sale Value
|
Revenue
|
Employment
|
|
(Tons)
|
(INR)
|
|
(Nos.)
|
|
|
2011-2012
|
742195
|
4071536500
|
206178000
|
10095
|
|
2012-2013
|
747195
|
4471536500
|
220530000
|
11097
|
|
2013-2014
|
744195
|
4824536500
|
260567000
|
11097
|
|
2014-2015
|
603570
|
3923205000
|
192910000
|
11000
|
|
2015-2016
|
562954
|
4948196500
|
234448000
|
11380
|
Post GI
registration i.e., after March 30, 2015, the annual production for the
following years was[17]:
|
Years
|
Production
|
Sale Value
|
Revenue
|
Employment
|
|
(Tons)
|
(INR)
|
|
(Nos.)
|
|
|
2016-2017
|
636550
|
4137550000
|
261700000
|
3540
|
|
2017-2018
|
632142
|
2528568000
|
277847000
|
15500
|
|
2018-2019
|
664497
|
2657988000
|
241435000
|
15700
|
|
2019-2020
|
1325025
|
53000100000
|
2223363000
|
10700
|
|
2020-2021
|
276876
|
1107504000
|
116288000
|
10700
|
|
2021-2022
|
336396
|
6727920000
|
206309000
|
10700
|
Furthermore,
after Gl registration, the sale rate of Makrana Marble increased by about
10%. This has enabled the Registered
Proprietor's producers to raise the wages of their employees who work in
various production roles. Despite the fact that the government mandates a
minimum wage for labourers, producers provide more than that.
EMPLOYMENT
GENERATION
At the time of
GI registration, it is stated that approximately 7000 families are directly
involved in the mining of Makrana Marble, with another 35,000 families involved
in its transportation, processing, and sale. Overall, approximately 60-70,000
families are involved in the industry at various stages.[18]
However, it is
understood that Makrana employs at least 1 million people from approximately
200 surrounding villages in approximately 900 mines located throughout the
Aravallis. Makrana, along with
Rajsamand, is one of Rajasthan's main marble production centres. The global
marble industry has grown rapidly since the 1990s and is expected to grow by
more than 8% per year in the future. The marble industry is large and growing,
with the majority of global producers focusing on international trade.
Employees in
this industry work in a variety of sectors, including mine operations, factory
operations, marble processing activities (such as marble cutting), trading
establishments, and handicraft showrooms.
LEGISLATIONS
Under State Laws:
•
The Rajasthan Minor Mineral Concession
Rules, 2017, enacted Mar. 01, 2017,
•
The Rajasthan Minor Mineral Concession
(Amendment) Rules, 2016,
•
The Rajasthan Marble Policy, 2002.
Under
Central Laws:
• The Mines and
Minerals (Development and Regulation) Act, 1957.
GEOGRAPHICAL INDICATIONS: CATALYSTS
FOR
RURAL PROGRESS
Through this
study it is indicated that GIs possess the potential to foster the growth of
rural regions. Local producers are generally granted the privilege of employing
GIs, and the additional value produced by these GIs ultimately serves the
collective benefit of these producers. Given the likelihood of GI products
commanding a premium brand price, they play a pivotal role in stimulating job
opportunities within the vicinity, thereby curbing the trend of rural
inhabitants migrating to urban settings. Moreover, it is not uncommon for GI
products to engender consequential effects, particularly in the domains of
tourism and gastronomy.
The utilization
of geographical indications serves to enhance a region's economic growth,
foster community pride, and support emerging talent, ultimately contributing to
the establishment of a strong regional identity.
It's important to recognize that merely establishing a
Geographical Indication (GI) for a product does not guarantee regional
prosperity; GIs need to contribute to regional development actively. To develop
a GI strategy that suits the region, several aspects must be taken into
consideration. Particularly, the human aspect is vital, ensuring that
traditional products such as 'Kanchivaram Silk' and 'Muga Silk' sarees are
produced by skilled craftsmen in Tamil Nadu and Assam, respectively.
THE FRAMEWORK FOR ADVANCEMENT
The
safeguarding of geographical indications presents a promising development
framework, offering a plethora of advantages to the region of origin. Not only
do geographical indications benefit producers, but they also create
opportunities for various sectors of society. These benefits encompass the
promotion of traditional and indigenous cultural values, as well as tangible
economic advantages like enhanced employment opportunities, increased incomes,
and expanded market reach.
Geographical
indications (GIs) offer a multitude of ancillary benefits, subtly transforming
local governance, enticing tourists with their captivating allure, elevating
land values, and even extending their esteemed reputation to other regional
products - think Champagne's mustard or the Jamaican Blue Mountain's tantalizing
honey.[19]
Globally, the advantages that emerge can take on various forms of distinction
and competitive edge that prove difficult to diminish. Geographical indications
(GIs) serve as conceptual frameworks that facilitate a comprehensive strategy
for diverse rural development. GIs possess the capacity to go beyond a limited
emphasis on a singular product and foster multifaceted progress.[20]
Geographical
Indications (GI) require little to no innovation, unlike patents. This allows
more producers to apply for GI protection without the costs and efforts
typically associated with innovation.
It is widely
acknowledged that GI inherently pertains to traditional and cultural aspects,
and this characteristic can even be seen as the opposite of innovation.
Geographical indications (GIs) can also contribute to the prevention of
bio-piracy and the unauthorized use of traditional knowledge. Additionally, GIs
may contribute in protecting traditional agriculture systems, including seed
selection and food conservation measures. The deployment of GI production
methods and procedures would allow the preservation of natural vegetation and
wooded regions, yielding to favorable consequences for ecosystem and landscape
conservation. This, in turn, would build substantial ties between goods and
culture, while simultaneously boosting development.
Europe has
determined that GIs have greatly contributed to advancements in various areas.
These include improved collaboration between municipalities, authorities,
commercial and social partners within regions. Additionally, geographical
indications have played a significant role in positively characterizing
regions, particularly in terms of culture, landscape preservation, and
marketing. Furthermore, they have led to improvements in overall infrastructure
and rural services, as well as the promotion of regions as attractive business
destinations. Finally, geographical indications have also resulted in advancements
in environmental quality and the efficient utilization of resources.
The bulk of
Geographical Indications are associated with agricultural goods and represent
longstanding cultural or traditional wisdom. This places them firmly in the
realm of intellectual property, which ideally should bolster agricultural
economies and, particularly, those of developing nations. However, only a small
number of developing nations have capitalized on the possibilities presented to
them, with most seeing little to no benefit.
Stronger rural
development policies can be achieved by utilizing the GI development approach,
which has an inherent tendency to integrate various functions. Local and
regional GI governance may even benefit from the strong institutional framework
as complementary strategies. A sound legal framework and a comprehensive
strategy for rural development will undoubtedly be indispensable as GI policy
tools.
POTENTIAL
BENEFITS OF GEOGRAPHICAL INDICATION
After carefully
examining the diverse data, the researcher has deduced and analyzed that there
are several ways in which society will benefit, which are outlined below:
SOCIAL AND
ECONOMIC ASPECTS:
Because
GI-protected products are high-quality, distinctive, and original, there is a
growing global demand for their manufacturing. Because of this growing demand,
economic activity has been encouraged in rural areas and has grown to be a
significant source of income for the majority of the population. Additionally,
it has produced a number of job opportunities that have improved the social
standing and standard of living of the locals while also halting the mass
migration of people into metropolitan areas. Furthermore, local producers find
it simpler to differentiate their traditional goods from comparable ones sold
in the marketplace and to improve the reputation of their traditional products
with the support of GI protection. However, because GI products are unique and
primarily related to their geographical origin, local producers must guarantee
a particular standard and quality level. As a result, GI products are typically
sold for more than ordinary goods of a similar nature. Thus, GIs do play a
significant role in the social and economic advancement of India's rural areas.
CUSTOMER
ASPECT:
One of the most
notable aspects of Geographical Indications is their ability to give customers
the information they need to make better purchasing decisions based on their
needs and desires by describing the qualities, attributes, and uniqueness of
the products covered by GI protection. Customers are given a better
understanding of the uniqueness, safety, features, and quality of a given GI
product by providing them with the required information regarding the location
of the resources as well as the traditional knowledge and manufacturing
process.
PRODUCER'S
ASPECT:
By meeting the
demands of conscientious and picky customers, GI protection is crucial in
helping local manufacturers and producers maintain their revenue streams. These
businesses typically suffer large financial losses when sales decline or their
product's reputation is tarnished. Furthermore, because GI products can be
promoted directly to end users without the help of middlemen or big businesses,
they are far more profitable.
GOVERNANCE:
The expansion
of geographical indication tagging will necessitate a heightened involvement of
governmental and regulatory entities to safeguard their interests and advance
their objectives. The local populace will be incentivized to actively engage in
the governance process. Enhanced safeguarding of geographical indications will
undoubtedly foster regional collaboration and empower local institutions.
ECOSYSTEM:
This approach
will also contribute to the safeguarding of biodiversity, the conservation of
ecosystems, and the communal management of local resources.
CULTURE:
Safeguarding
additional Geographical Indications will aid in maintaining the area's
traditional production and processing expertise, as well as its superior
quality. This process enables the inclusion of more products linked to
geographical features, climatic conditions, and so on.
Importance of local and GI products
for the environment, consumers and economy
CONCLUSION
Geographical
Indications serve as a testament to a product's unique qualities derived from
its specific geographical location, climate, and origin. Consequently, these
certifications not only captivate consumers' interest but also justify higher
price points. Given that establishing a brand's recognition is crucial in the
realm of marketing, products labeled with Geographical Indications face direct
competition. Ultimately, Geographical Indications act as a legal framework to
safeguard and enhance local cultures and economies by promoting products and
services on a global level.Significantly, they have been instrumental in
enhancing the standard of rural employment and driving economic growth.
The TRIPS Agreement characterizes geographical indications as
products associated with specific attributes that originate from their place of
origin. This designation emphasizes goods or services that are sourced from
particular regions and embody the quality, reputation, or other characteristics
intrinsic to those locations. The distinctiveness of products or services often
stems from the unique geographical and meteorological conditions of the area,
along with specific production techniques.
Considering the points discussed above, the researcher
fervently advocates for the implementation of the following protections for
Geographical Indications:
·
The concept of expanding the scope of interpretation
in order to garner greater safeguarding of Geographical Indications ought to
encompass elements such as water, stone, earth, and salt. Even the venerated
holy water, referred to as 'Ganga Jal' in the Hindu faith, holds a divine
status as a deity and finds application in propitious ceremonies. 'Ganga Jal'
possesses the unique attribute of being storable for prolonged durations
without acquiring a foul odor, unlike its counterparts sourced from alternative
origins.
·
The preservation of animals, their milk, meat, and
excrement necessitate the safeguarding of Geographical Indications, as their
very existence relies upon the unique interplay of climatic conditions,
geographical locale, and the manner in which they are reared.
[1]“Paris Convention for the Protection of Industrial
Property, as last revised at the Stockholm Revision Conference, Mar. 20, 188321 U.S.T. 1583; 828 U.N.T.S. 305,
Article 1 (2).”
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[5] “Lisbon Agreement for the Protection of Appellations of
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[6] “Daniele Giovannucci, Guide to Geographical Indications:
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(2009).”
[7] “European Commission,
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[8] “Ministry of Commerce & Industry, Centre focusses on
promoting exports of GI-tagged niche agricultural products, Press Release
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[9] “Indian Bureau of Mines, Indian Minerals Year Book, 60th edition p.
30 - 3
202, available at https://ibm.gov.in/writereaddata/files/1683715376645b75306254b15_Marble.pdf"
[11] “Department of Mines & Geology, District wise Report
(Minor Minerals), 2021-22, available at https://mines.rajasthan.gov.in/dmgcms/page?menuName=/q/rwh/KECHeRGa880t62w/Ij7hT0oZj"
[12] “Tabeenah Anjum, Makrana Marble is now a Global Heritage
Stone Resource, Deccan Herald, 2019, available at https://www.deccanherald.com/india/makrana-marble-is-now-a-global-heritage-stone-resource-749162.html"
[13] “Geographical Indications Registry, Intellectual Property
India, https://search.ipindia.gov.in/GIRPublic/Application/Details/405."
[15] “Department of Mines & Geology, District wise Report
(Minor Minerals), 2021-22, available at https://mines.rajasthan.gov.in/dmgcms/page?menuName=/q/rwh/KECHeRGa880t62w/Ij7hT0oZj."
[18] “As per the affidavit given by the applicant during Gl
registration, https://search.ipindia.gov.in/GIRPublic/Application/ViewDocument."
[20] “Sylvander B & Allaire G, WP3 Report: Conceptual Synthesis
Task 1, Strengthening International Research on Geographical Indications
(SINER-GI) Project (2007). https://hal.inrae.fr/hal-02821136/document."