Gautami Govindrajan and Madhav Kapoor, students at National Law University, Jodhpur, write about the evolution and importance of geographical indications to a culturally rich nation such as India.
Abstract
In a land as rich in cultural arts and traditional knowledge as India, Geographical Indications (GIs) are an extremely important intellectual property right. The Geographical Indications of Goods (Registration and Protection) Act was passed accordingly, to protect the interests of the producers, and to bring economic prosperity. However, despite the passing of the Act in 1999, there have been several issues with GI protection in India. Low awareness among producers, rampant violations, and lack of proper marketing and promotion are but some of the problems that plague Indian GIs. These problems have eclipsed the multifarious benefits that GI protection offers to both producers and consumers; causing severe hardship to the local vendors whose livelihood is dependent on these products and frustrating the very purpose of the Act. This paper begins by examining the concept of GIs, along with history of GI protection in India, which examines how this intellectual property right evolved. It further goes on to explore the special importance of GIs in the Indian context, with a focus on how producers, rural communities and consumers stand to benefit from GI protection. The paper then discusses the various problems that riddle the Indian GI framework. While analysing the post-registration issues that arise with Indian GIs, the authors draw a comparison with thoroughly marketed goods such as Parma Ham, to highlight what lessons can be learnt from the branding and marketing thereof. Lastly, the authors discuss solutions that could help overcome the obstacles in the path of successful GI implementation in India.