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GEOGRAPHICAL INDICATIONS GRANTED IN INDIA, EUROPE AND USA: A COMPARATIVE ANALYSIS
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GEOGRAPHICAL INDICATIONS GRANTED IN
INDIA, EUROPE AND USA: A COMPARATIVE ANALYSIS
AUTHORED BY - ALBY
BENNY
LLM (IP), AMITY UNIVERSITY NOIDA
CO-AUTHOR - DR.
SALTANAT SHERWANI
PROFESSOR, AMITY LAW SCHOOL NOIDA
ABSTRACT
Geographical indications (GIs) are markers
that identify products as originating from a specific geographical location,
possessing qualities, reputation, or characteristics attributable to that
origin. In India, Geographical indications hold significant cultural and
economic value, protecting products like Darjeeling tea and Kanchipuram sarees.
The legal framework for Geographical indications in India is governed by the
Geographical Indications of Goods (Registration and Protection) Act, 1999. In
the United States, Geographical indications are handled through certification
marks or trademarks, rather than a specific Geographical indications law.
Conversely, the European Union (EU) has a robust Geographical indications
system, safeguarding products like Champagne and Parmigiano-Reggiano. EU
Geographical indications are protected under the Council Reg (EC) No. 510/2006
and Reg (EU) No. 1151/2012, emphasizing protection, enforcement, and the link
between product quality and from its origin. Comparatively, India's
Geographical indications system, while similar in principle to the EU, has
faced challenges in implementation and enforcement. The U.S. system diverges
significantly, focusing more on trademark principles. The EU's comprehensive
approach ensures strict protection and has led to the recognition and
appreciation of numerous high-quality products globally. Differences in legal
frameworks, enforcement mechanisms, and approaches to protecting GIs
characterize the landscapes in these regions. While India has made strides in
recognizing GIs, challenges remain in bolstering enforcement. In contrast, the
EU's established system serves as a global benchmark for GI protection,
promoting rural development, preserving cultural heritage, and ensuring fair
returns to local communities. The U.S. system, though different in approach,
acknowledges the significance of certain Geographical indications through
bilateral agreements but lacks a comprehensive, standalone Geographical
indications law. In a globalizing environment, each nation has, on average, its
own legislation designed to safeguard GI in some fashion. However, it is
crucial to conduct a comparative analysis of those laws with one another, not
only to assess the effectiveness of the current legislation but also to
identify numerous crucial concerns that require attention.
INTRODUCTION
Geographical
indication (GI) is a tag applied to products that are distinct due to their
production in a specific geographic location and guaranteed quality. It is
limited and exclusive, as the geographical origin of these products is
influenced by local factors such as soil and climate. GI also highlights unique
qualities of a product due to human factors such as production techniques and
cultural norms of its original location. The Indian government has enacted
legislation to protect GI through the Geographical Indications of Goods
(Registration and Protection) Act 1999 and the Geographical Indications of
Goods (Registration and Protection) Rules in 2002.[1]
India's
rich natural and cultural history has led to the creation of products famous
for their location, which boosts trade and keeps local merchants busy.
Geographical indications have played an increasingly important role in the
agricultural industry over the last 20 years, with the Green Revolution of the
1960s incorporating IP considerations into industrial agriculture.
The Geographical Indications of Goods (Registration and Protection) Act of 1999 in India identifies goods as originating or being produced within the specific geographical boundaries of a particular government. Some items acquired attributes like quality, reputation, or other distinguishing features directly associated with that geographical region, making them recognized as products originating from that particular origin. However, India faces challenges in providing adequate protection for its products, as it has an imperfect system compared to other developed nations. This paper aims to compare the current state of intellectual property protection in India with the United States, focusing on the European region with 4968 registered geographical indications. In conclusion, while India has abundant resources, heritage, and diversity, it lacks adequate protection for its products. This study aims to comprehensively examine the laws on geographical indications in the intellectual property regime and provide strategies to overcome these challenges.
The Geographical Indications of Goods (Registration and Protection) Act of 1999 in India identifies goods as originating or being produced within the specific geographical boundaries of a particular government. Some items acquired attributes like quality, reputation, or other distinguishing features directly associated with that geographical region, making them recognized as products originating from that particular origin. However, India faces challenges in providing adequate protection for its products, as it has an imperfect system compared to other developed nations. This paper aims to compare the current state of intellectual property protection in India with the United States, focusing on the European region with 4968 registered geographical indications. In conclusion, while India has abundant resources, heritage, and diversity, it lacks adequate protection for its products. This study aims to comprehensively examine the laws on geographical indications in the intellectual property regime and provide strategies to overcome these challenges.
GEOGRAPHICAL INDICATIONS GRANTING IN INDIA
Products with a distinct geological
origin and the attributes or fame that come with it may be marked with a
Geographical Indication. This makes the product very much different from other
products. There should be a strong connection between the item's popularity,
attributes, or quality and its location of origin. The item's attributes are
directly related to its unique historical origin, which is determined by the
geographical site of origination.
There are presently more over 550 GI
registered in India, which are classified into four broad categories:
·
Handicrafts
·
Food
Stuff
·
Agricultural
·
Manufactured
Goods.
The Geographical Indications Of Goods (Registration And
Protection) Act, 1999
The Geographical
Indications Of Goods (Registration And Protection) Act, 1999, was passed in
India to register and protect geographical indications of goods, such as
"Darjeeling" (tea), "Alphonso" (mango), and
"Basmati" (rice). India, a country rich in agricultural products, has
a unique structure to ensure the safety of Geographical Indications (GIs). The
GI Act was created to ensure compliance with the TRIPS agreement and establish
national IP laws. The GI Registry, covering all of India, was established in
Chennai, and right-holders can register their GIs there. The GI 1999 Act aimed
to provide Indian GIs with the exact safeguards promised by the TRIPS
Agreement. However, the WTO members did not allow a high degree of protection
for every Indian GI, leaving the door open for their expropriation on the
global stage. The Indian Geographical Indications (GI) Act defines any term
that does not contain the name of a country, region, or territory as a GI if it
is associated with a specific geographic area where the products are created.
This legislation aims to protect Indian GIs and ensure their protection in line
with the TRIPS agreement.[2]
REGISTRATION PROCESS IN INDIA
In India,
geographical indications (GIs) are not mandatory under the legislation, and no
individual has the authority to impede or demand compensation for harm caused
by an unregistered GI. However, businesses registered as GIs have the legal
right to seek assistance in case of infringement. The Controller-General of
Licenses, Plans and Trademarks is the Registrar of GIs, and the GI Registry is
located in Chennai. Section 6(1) requires the establishment of a GI Register
divided into Part A and Part B, which consolidates information about GIs and Part
B contains details about permitted customers. GIs can be registered for any or
all items in a certain category, and the Registrar must categorize items
according to the Global Classification of Products. An application can be
submitted for many classes of products, and expenditure payable is calculated
separately. The initial enrolment period for a GI in India is ten years, with
further recharges at regular intervals. GIs are not subject to any kind of
agreement, including tasks, transmissions, permits, promises, and contracts.
Who Is Eligible to Request GI Protection?
"Any group of individuals,
business, or government agency that has been legally formed can submit an
application."
a) One of the producers' interests must
be represented by the applicant.
b) Submit the application in writing
using the provided form.
c) Send the application and the required fee to
the Registrar of GI.
The Procedure for Granting a Geographical Indication in
India.
Individuals, manufacturers,
organizations, associations, or agents representing the manufacturers of the
relevant products can submit an application for GI enrolment to the GI
Registration Centre. Every application must be submitted within the approved
framework GI Section 1A to ID and should be labelled by the applicant in three
copies alongside three duplicates of the Case Statement with the approved fee.
The candidate should demonstrate the manufacturers' interest in the items in
question in order to be considered for enrolment.[3]
Prior to further consideration, the
application will be evaluated by a panel of specialists in order to detect any
inadequacies or deficiencies. Representations of grievances. An offer may be
extended in the event of a complaint; the applicant is subsequently required to
appear at a public hearing within a period of two months. Upon receiving
approval, the application will be distributed to all entries in the GI Register
within a stipulated timeframe of three months. Following this, in the event
that any restrictions apply, the competitor is obligated to formally record a
notice in a journal within the designated period, forbidding the use of the
product as it was originally published. Candidate-in-waiting is obligated to
submit a counterargument against the opponent within two months of receiving
correspondence from said opponent. This counter articulation must be both
well-founded and essential. During the hearing, in the event that a
counterstatement is submitted, both the applicant and the opponent will provide
their respective evidence by means of verbal declarations and corroborating
documentation. The candidate's application will be assessed by the Registry
centre for Geological Indication (GI) acknowledgment in the absence of a
counterstatement. Upon receiving approval, a certificate bearing the Geological
Indication Registry's seal shall be issued, effective from the date of
documentation. The validity of a GI registration lasts for a period of 10
years. If the applicant wants to do the same, it is feasible for another
consecutive 10 years each. If there is a low probability of being removed from
the GI registry.
Fundamental Rights Granted to Geographical Indication Holders
in India.
Enlisting a Geographical Indication
(GI) in India has several advantages, such as ensuring legal protection inside
India and preventing unlawful use of a registered GI by third parties.
Extending Indian GI protection has a
significant impact on the economic prosperity of producers of goods in a
certain geographical area. It also enhances legal protection in other member
nations of the World Trade Organization (WTO).[4]
The fundamental safeguards provided
to Geographical Indications (GI) under the Act are listed below.
·
Provides
legal safeguard to GI in India.
·
This
makes it possible to stop infringers from using a product that has been
registered as a Geographical Indication illegally.
·
By
offering legal protection, it increased the export of Indian geographical
indications.
·
It enhances the economic well-being of
producers.
·
It
allows for the pursuit of legal safeguards in other member nations of the World
Trade Organization (WTO).[5]
·
It enhances the economic well-being of
producers.
·
It
allows for the pursuit of legal safeguards in other member nations of the World
Trade Organization (WTO).
Protection Is Provided To Products Equivalent To Geographical
Indications Under The Intellectual Property (IP) Regime Of The United States.
In the United States, GIs generally
fall outside the scope of common law ownership rights, which follow the
principle of "first in time, first in right." Instead, they are
classified as trademarks, collective marks, or certification marks, and are
regulated by (PTO) U.S. Patent and Trademark Office under the U.S.A Trademark
Act
. The legislation permits the
registration of "certification marks that incorporate indications of
territorial origin." The responsibility for labelling requirements for
wine, malt beverages, beer, and distilled spirits falls under the jurisdiction
of the Liquor and Tobacco Tax and Trade Bureau of the U.S. Treasury.
The PTO defines GIs as
"indications that identify a product as originating from a specific area,
region, or locality, where a particular quality, reputation, or other
characteristic of the product is attributable to its geographic origin,"
as per the World Trade Organization (WTO) Agreement on Trade-Related
Intellectual Property Rights (TRIPS). PTO permits the use of any distinctive
element that could indicate the origin of a product or service, in addition to
a specific place name (example "Napa Valley"), an picture, a map of
the location, a colour, or any other alternative that identifies a geographic
location. GIs are safeguarded against unjust competition and trademark
infringement in accordance with U.S. trademark regulations, irrespective of
their registration status with the PTO. The PTO states that GIs serve the same
purposes as trademarks, including guaranteeing quality, serving as indicators
of origin, and protecting commercial interests. The process of ascertaining the
attributes of an entity predicated on its geological properties can be
intricate, encompassing the establishment of a trademark or brand name via a
substantial advertising campaign. The PTO offers comprehensive information
regarding the certification or collective mark application process as it
pertains to agricultural, health, and food products. Security is not provided
by the PTO.[6]
Consumers perceive geographical
expressions that are commonly described as "generic" or "widely
used" as emblematic of an entire category of products or services, as
opposed to individual instances. The PTO does not oversee suitable norms or
standards however there is no national registration that specifically records
GIs in the US, with the exception of the Trademark Electronic Search system,
which serves as the PTO's trademark register. Legal Framework: As stated
earlier, the term "geographical indications" is defined in Article
22.1 of the 1995 Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPs) of the World Trade Organization. Likewise, instances of
geological indication originating from the United States encompass the
nomenclature "Florida" applied to citrus. Washington State is
renowned for its apple cultivation, while Idaho is renowned for its potato
production. Geological indicators comprise a subset of registered trademarks.
Similar to trademarks, geological indicators serve as source identifiers,
ensure product quality, and facilitate profitable commerce.
The incorporation of geographical
indications (GIs) into the trademark framework, frequently achieved through
certification and collective marks, has been identified by the United States as
a means to ensure that GIs, regardless of their country of origin comply with
the TRIPS agreement. The United States granted assurance to both residential
and distant geographical indications as early as 1946, prior to the TRIPS
agreement of 1995, which popularized the term "geographic
indication."
PROTECTION OF U.S. GEOGRAPHICAL
INDICATIONS
The current US GI system utilizes
established trademark structures and allows interested parties to challenge or
invalidate a registered GI if they believe it would do them harm. The United
States Patent and Trademark Office (USPTO), which is a legislative specialist,
is responsible for creating applications for both trademarks and Geographical
Indications (GIs).[7]
Exclusive protection is not granted
by the United States to geographic phrases or indications that are not
associated with specific products or services. A geographical expression or
icon is considered "generic" when it is widely applied to symbolize a
class of identical products and services, as opposed to designating a
particular geographic source. As an illustration, the trademark for apples
cannot be guaranteed using the word "apple" since it refers to the
produce in its generic form. It is not protected in many nations, including the
United States, that generic trademarks cannot be used to designate a particular
commercial source or a collective production source that has been precisely
defined. When a geographic assignment is not restricted to the United States,
it may be utilized by any manufacturer for its products or services. An
important feature of the trademark/GI framework in the United States is that it
confers upon the owner of the mark or GI the sole authority to forbid
unauthorized users from employing the GI or trademark if such usage is likely
to cause damage to the proprietor, confusion, or deception concerning the
source of the products or services. Thus, when there is a likelihood of
confusion between the two uses, the initial proprietor of a right has priority
and superiority over any subsequent users of the same or similar sign on the
same, similar, related, or occasionally unrelated goods/services.[8]
·
The GI Is Safeguarded Through
Trademark Protection.
In order to protect geological
indications through trademarks, collective marks, or certification markings,
the current administration of trademark is utilized. A modern GI enlistment or
security framework can be established with this system without requiring
additional funding or faculty from governments or citizens. Topographical signs including words,
trademarks, plans, three-dimensional marks, colors, noises, and fragrances are
encompassed within the framework. Furthermore, it satisfies the stipulations of
TRIPS's substantive GI and trademark commitments, encompassing national
treatment and provisions for remote nationals. Self-policing is the most
essential provision of this agreement, as it permits competitors to raise
concerns regarding encroachment and ensures GI adherence to certification
standards. Private proprietors have the authority to determine when to take
legal action against encroachment or resolve unauthorized use, thereby
safeguarding profits from being acquired by rivals.
·
Gi As Collective
Marks
Collective marks and collective
trademarks or collective service marks are the two categories of collective
marks in the United States. It is the Trademark Trial and Appeal Board (TTAB)
that provides clarification regarding the differentiation among these various
varieties. A collective benefit stamp or trademark is a stamp that is acquired
by a "collective" for the purpose of enabling its members to identify
their products or services. Under the mark, the collective may promote or
advertise the goods or services offered or provided by its members. A
collective participation check is a stamp that signifies active involvement in
a structured collective endeavor. Collective benefit marks and trademarks collectively
attest to the commercial origins of a group of individuals, as opposed to a
single component or party. The check is utilized by all group members, and no
individual is permitted to claim the stamp. A collective organization, an
agrarian cooperative of producers promotes the goods and services of its
members. In order to publicize the members' businesses, the collective
organization may organize promotional or special programs that make reference
to the check; however, this would constitute mere informational use or display
of the mark for publicity purposes.
·
GI Is Recognized as A Certification
Mark.
Geographic names or signs that are
generally not eligible for registration as trademarks or collective marks may
be designated as certification marks under the U.S. Trademark Act. certification inspect is any duration, title,
image, or device that a party or parties other than the owner use to certify
certain qualities of the products or services of third parties. Certification marks can be classified into
three categories: the means of production or manufacture, the level of
accuracy, or any other features that set the products or services apart, and
affiliation with a union or other organization that conducted the work or labour
on the goods or services. Two characteristics distinguish certification marks
from trademarks under the U.S. Trademark Act: the proprietor is not permitted
to utilize the seal, and the mark does not indicate a commercial origin or
distinguish the goods or services of one individual over those of another.
Certification marks function as source identifiers, differentiating the quality
and characteristics of products while also verifying that they satisfy specific
defined standards.
·
GI As Trademark
Geographic indications (GIs) can be
protected as trademarks under U.S. trademark law. GIs are not registered if
they are geographically descriptive or misdescriptive of the origin of the
product or services. Misrepresentative signage has the potential to misinform consumers
and result in fraudulent activities. However, if a GI is employed to emphasize
a product and establish a connection with a particular producer or
manufacturer, it may qualify for trademark protection under the condition that
it possesses "auxiliary meaning" or "produced peculiarity."
The principal significance for purchasers is the geographical placement,
whereas the supplementary significance for consumers pertains to the origin or
producer. Consumer-facing
GIs that possess an "auxiliary
meaning" are eligible for protection as trademarks or collective marks
under U.S. trademark legislation.[9]
Legal Safeguards Provided To Holders Of Geographical
Indications (Gi) Under The Intellectual Property (IP) Regime Of The European
Union.
The EU comprises the membership of
twenty-seven states. The European Union (EU) originated from the European Coal
and Steel Community (ECSC) and the European Economic Community (EEC), both of
which were established in the 1950s by the following six countries: France,
Belgium, and Luxembourg, Germany, Italy, and the Netherlands.
The process of European Union
expansion was incremental, occurring as member states' administrations achieved
consensus agreements with the European Economic Community (EEC). Geographical
indications (GI) are safeguarded within the European Union (EU) in accordance
with the provisions outlined in Art 3 of the Lisbon Agreements on the
International Registration and Protections for Appellations of Origin. This
safeguard also encompasses the prevention of illicit utilization or forgery of
registered designations, irrespective of whether the actual source of the
product is revealed, the appellation is translated, or it is accompanied by
terms like "kind" or "type." The aforementioned legislation
broadened the parameters of the Stresa Convention of 1951, which was the
primary global accord regulating the utilization of cheese appellations. This
convention was initially ratified by Switzerland, Austria, Denmark, France,
Italy, Norway, and Sweden.[10]
Legal Structure
The subsequent one is the collection
of EU Reg that oversee the process of awarding, registering, and revoking Geographical
Indications (GIs):
·
Reg
(European union) Number 1151/2012, enacted by the European Parliament and the
Council on 21/11/2012, pertains to excellence programs for the agricultural goods and foodstuffs. It
specifically focuses on safeguarding GI and Official Titles of Origin for
agricultural products and foodstuffs.
·
Implementation
Regulation: Council Reg No 1898/2006 .
·
Reg
(EU) No 1308/2013, enacted by the Europe Parliament and the Council on 17 /12/2013,
establishes a unified system for managing the markets in agricultural goods.
REGISTRATION PROCESS
In the European Union (EU), the
enlistment or registration of Geographical Indications (GIs) is governed by two
distinct processes: one that is dedicated to spirits, and the other that
pertains to food and agricultural products. Manufacturers and national and
European authorities with hiring authority comprise the majority of applicants.
To be eligible for the enrollment of a European Union Geographical Indication
(EU GI) title, the consortium of producers is required to successfully complete
two distinct application phases. Nationally, the process begins; subsequently,
it advances to the European level.[11]
The completion of this task may need
several years. The stages are as follows:
·
Submitting application to the
Commission for consideration.
Applications originating from third
parties, including those originating from the European Union after the national
phase, should be submitted to the Commission via the EU Competent National
Authority or the appropriate experts from the third countries involved. The
application for protection is permissible only for names that have been
guaranteed within the country of origin.
·
The Commission will review the
application.
The Commission will conduct a
thorough examination of the application upon its receipt in order to ascertain
its validity and adherence to the requirements outlined in the Regulation. The
duration of the evaluation must not surpass twelve months. The customary
duration for the applicant to provide a response to any inquiries from the
Commission is six months.
·
The act of making the applications
available to the public.
The Commission is required to receive
an inventory of the names of individuals for whom it has received enrolment
applications, accompanied by the date of accommodation. The Commission ensures
electronic accessibility of the application's single report to the Official
Registry of the European Union and submits it to the registry once the requirements
outlined in this regulation have been met. The Commission retains the authority
to decline the enrollment application in accordance with the procedure outlined
in Article 4 and 7 of the 1999/468/EC EU decision if the circumstances fail to
satisfy the stipulations.
·
Objection procedure.
By submitting a statement to the
Commission that is adequately supported, any Member State or third country may
raise an objection to the proposed enrolment within six months from the date of
distribution in the Official Registry of the European Union. Furthermore, the
Regulation affords the opportunity to protest to any lawful or non-lawful
individual who possesses a legitimate interest. Nevertheless, in the case of
ordinary or legal persons residing in the third country in question, this
expression ought to be transmitted to the Commission via the authorities of
that third country or another intermediary. The Commission will extend
invitations to the interested parties to participate in suitable interviews,
should a protest be granted permission, with the intention of reaching a
resolution through agreement. The outcomes of meetings would be communicated to
the Commission, which would then commence its current analysis or distribute
the components that facilitated the agreement. If a consensus cannot be
reached, the Commission will render a decision in accordance with the procedure
specified in Articles 5 and 7 of the 1999/468/EC EU directives. The decision
rendered by the Commission shall be published in the Official Registry of the
European Union.
·
Name registration and dissemination
of the registered name.
The title shall be registered and
appended to the European Register of Protected Geographical Indications and
Designations of Origin ("TSG") in the absence of objections or in the
event that the Commission receives invalid allegations. The allocation of
enrolments will occur within the Official Registry of the European Union.
·
Ensure Compliance via Official Control and Verification.
For our utilization of a product associated
in possession of a Traditional Specialty Guaranteed (TSG), Protected
Geographical Indication (PGI), or Planted Designation of Origin (PDO), it is
imperative that it conforms to the precise criteria specified in the
registration. The applicant must possess the ability to differentiate between
the products and attest that all registration requirements have been met.
Protection is exclusively bestowed upon an object that can demonstrate
adherence to the geographical boundaries and GI status of the third country.
This is achieved through a procedure referred to as:
i.
A
few governmental entities appointed by the third country
ii.
A
few organizations responsible for certifying products
PROTECTION GRANTED
·
Utilization
of a registered name for commercial purposes, either directly or indirectly,
for items that are not included within the scope of the registration. The act
of using, copying, or invoking the name on a product that is not officially
registered. This also applies to terms like "style,"
"type," "method," etc., which imply that the translated
version of the protected term is equivalent to or associated with the original,
regardless of whether the product's real origin is disclosed.
·
Dissemination
of inaccurate or deceptive information on the source, characteristics, or
attributes of items on packaging that might potentially provide a misleading
perception regarding their source.
·
"Genericity".
After being registered, the GI name is unable to attain generic status.
·
Authorities
have a crucial role in enforcing the rights of the GI holder.
·
A
country's own government is responsible for providing a sui generis system of
protection, much as the European Union. If the state does not provide enough
protection, the authorities are legally responsible.
·
The
concept of "first in time, first in right" is not automatically
applicable to Geographical Indications (GIs) in the European Union (EU). If all
the conditions for a Geographical Indication (GI) are fulfilled, it is possible
to register a GI and have it coexist with an already existing trademark.
Conversely, it is not possible to register a trademark if a Geographical
Indication (GI) name is already safeguarded.[12]
·
According
to Articles 3.4 of Regulation 510/2006, 23.3 of Regulation 110/2008 (pertaining
to spirits), and 118k of Regulation 1234/2007, it is not permissible to
register a designation of origin or geographical indication if such
registration has the potential to deceive consumers about the actual identity
of the product. This determination is based on the reputation, fame, and duration
of use of a trademark.
·
The
protection typically persists as long as the characteristic of the geographical
indication maintains. An important aspect of the EU system is that it does not impose
a certain time limit for the protection of an EU, and there is no need for
renewal.
·
Registration
prices are frequently restricted. At the European Union level, the registration
of Geographical Indications (GIs) does not incur any charges.
The expense of enforcement is
significantly lower. Public support significantly decreases the individual's
enforcement expenses
THE US, EU, AND INDIAN INTELLECTUAL
PROPERTY REGIMES: A COMPARATIVE ANALYSIS
In the aftermath, India was not able
to provide adequate protection. The GI Grant Of GI Status As a result of not
having the authority to revoke the designation, GI holders are able to prohibit
its sale to non-local producers. Nevertheless, the socio-economic consequences
of Geographical Indications (GIs) in India remain poorly documented.
Nevertheless, anecdotal evidence indicates that GIs exert substantial influence
on producers across developed and developing nations alike. Significantly, the
communal character of GIs also raises noteworthy concerns regarding collective
activities throughout various stages of administration and organization. For
example, some individuals may proactively initiate the GI enrollment process,
while others who initially decline to participate may eventually connect in an
attempt to exploit the efforts of the pioneers.
A number of geographical indications
(GIs) in India are incorporated into the names of departments or organizations
of the central or state governments. Nevertheless, a lack of consistency and
uniformity exists among these associations and activities across various
states. Additionally, a number of studies have revealed that geographical
indications (GIs) could potentially lead to the prohibition of a substantial
number of individuals from obtaining the benefits associated with them.
Additionally, firms in stronger negotiating positions may be positioned to
receive an unequal share of the financial value generated from obtaining
assurance. In light of this, the purpose of this article is to evaluate the circumstance
regarding a number of enlisted GIs on the ground. An extensive examination of
the subject matter is achieved via field-level case studies and a foundational
study utilizing a standardized survey for this evaluation. Several obstacles
are exposed through interactions with registered GIs and the legal system. The
lack of security for information or innovation, which only guarantees the
preservation of title or indication, is a significant issue. This implies that
it may not be logical for cost-conscious consumers to pay a premium for
GI-certified products when identical products are available elsewhere. An
additional obstacle arises from the lack of clarity surrounding the definition
of "producer" as it pertains to the GI Act. This ambiguity fails to
distinguish between the legitimate producer, retailer, or merchant. As is
evident with Banarasi sari and Muga silk, this prevents the advantages of
registration from trickling down to the actual producer. By granting PDO
certifications to primary producers (farmers, for instance) and distinct
protection to "manufactures," the EU has effectively differentiated
the two. In the jurisdiction of the United States, an individual or entity is
classified as a "producer" if they possess the appropriate certification
for that specific product. Presently, governmental efforts pertaining to GI are
concentrated on the enlistment of GI items; however, this absence of attention
to detail results in inadequate identification and enlistment of GI-based
products. The United States employs a five-step procedure to ascertain the
geographical territory of application for products:
1.
Establish
the product's objectives and scope;
2.
Prepare
list of confirmative local products;
3.
Identification
of origin-linked quality;
4.
Each
product with an origin-linked quality is evaluated in consultation with local
partners to determine its relative merits in fostering the growth and
preservation of domestic assets.
An integrated approach to GI security
may inspire territorial or national case studies of successful outcomes at the
destinations of stakeholders. Activity plans are coordinated within the context
of a regional or national strategy, and a pilot action plan is defined for each
product in its respective zone. The aim is to implement sector-specific
strategies by investing in ventures that generate benefits for the designated
area and surrounding region, thereby serving as prototypes for other sectors.
It is particularly critical to define the attributes of GI status for non-agrarian
products. Banarasi saris, for instance, are woven not only in urban areas but
also in rural regions of the same locality and certain adjacent areas.
Determining the initial locale for GI enrollment can be a significant
challenge, particularly when considering non-agrarian items. In consideration
of four fundamental criteria—physical criteria, local-domestic hones,
local-domestic history and notoriety of the GI, localization of the GI
producers (genuine and prospective), and other variables—the United States has
established a delimitation process and set of criteria to combat such issues. Analysis
of the United States' delimitation procedure could be beneficial to the Indian
system. Difficulties associated with GI security consist of information
gathered during the enlistment process in various remote countries, the
exorbitant expenses associated with establishing a watchdog office to compile
data on misappropriation, and the financial resources necessary to pursue legal
disputes. In certain nations, GI enrollment can be essentially delegated to an
association of manufacturers; however, in India, government agencies claim the
majority of GIs. It is crucial to engage stakeholders such as manufacturers,
product distributors, agriculturalists, artisans, and others during the
pre-application phase in order to guarantee that the principal objectives of
the Act are fulfilled; otherwise, registration may fail to achieve the intended
outcome.
CONCLUSION
India's Geographic Indications (GI)
system provides GI protection to its applicants before the majority of other
nations. GIs are esteemed and instill producers and consumers with a sense of
pride; they establish benchmarks for originality and innovation. The most
fortunate, however, are destitute artisans who safeguard global quality.
Numerous nations and international organizations have implemented a
comprehensive framework for the preservation of geographical indications (GIs),
and India has not fallen behind France in this regard. Achieving GI assurance
is primarily regulated by the Geneva Act of the Lisbon Agreement on
Appellations of Origin and Geographical Indications. While the majority of
nations have acquiesced and signed, the United States has yet to ratify the
agreement. This demonstrates the progress India has made in granting GI
protection to its applicants.
The purpose of this research is to
highlight the significance of geographical indications (GIs) on traditional
products in India for the purposes of social advancement and rural progress.
This statement underscores the present condition of geographical indication
(GI) registration in India and stresses the importance of producers
contributing to the benefits. The study proposes that in order to facilitate
the entry of small rural and semi-urban artisans into international markets,
the Indian government should provide export subsidies, complimentary legal aid,
and other incentives. Additionally, it is vital to establish and fortify
producer organizations and institutional frameworks. A robust national
regulatory framework is required to safeguard and guarantee the protection of
GIs. To safeguard GIs, the study emphasizes the need for a robust regulatory
framework.
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Article Information
GEOGRAPHICAL INDICATIONS GRANTED IN INDIA, EUROPE AND USA: A COMPARATIVE ANALYSIS
Authors: AL BENNY, DR. SALTANAT SHERWANI
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/19
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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