This book is a unique compilation of comprehensive works covering the potentials, challenges, and realities of geographical indications from an Indian perspective. The book encompasses critical studies on legal, regulatory, and institutional frameworks and debates surrounding geographical indications. The concept of geographical indication has not received paramount importance in India compared to the other forms of intellectual property rights like patents and trademarks, while GI is becoming critical in national and international discourses. It aims at presenting both national and international situations and discussions, which will appeal to readers worldwide. This book in its first part elaborately deals with the genesis of the GI Act, and then it goes on to analyze both substantive as well as procedural aspects of the registration under the Indian GI Act and tries to identify the discrepancy and gaps in the laws. Also, a comparative perspective has been built by analyzing the GI laws and regulations of some developed countries with that of India. The challenges in existing regulation for quality control and enforcement of GI products in the Indian GI Act have been dealt comprehensively by the authors which are critical in achieving the stated objectives of the Act.
The book also focuses on the role of geographical indication in the socio-economic development of rural India. The authors have illustrated how the GI can act as an effective mechanism for employment generation and sustainable growth opportunities in different sectors like agriculture, food, and handicraft. The interaction of GI with traditional knowledge and biodiversity and their impact on society is also extensively covered. The book contains real-life case studies by the authors from different states of India highlighting the success stories and missed opportunities of different GIs and the way forward where the GI can function as an effective tool for the overall development of a country and promote international trade.
The book will provide law students, scholars from legal and IP disciplines, legal practitioners, producers, and policymakers a factual and multidimensional insight into the GI system in India. This will further promote research in this area, particularly from an Asian perspective and enhance the real-life application of GI to varied products.
Author(s): Niharika Sahoo Bhattacharya
Publisher: Springer
Year: 2022
Language: English
Pages: 254
City: Singapore
Preface
Contents
Editor and Contributors
Geographical Indication Protection System in India
1 Introduction
1.1 GI: The Product–People–Place Link
2 Significance of GI Protection
2.1 Promoting Rural Development
2.2 Protecting Traditional Knowledge
2.3 Information—Reputation and Price Potentials
3 Evolution of GI: A Glimpse Across the Globe
3.1 The Paris Convention for the Protection of Industrial Property of 1883 (Paris Convention)
3.2 Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods of 1891 (Madrid Agreement on Indications of Source)
3.3 The Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration, of 1958 (Lisbon Agreement)
3.4 The Agreement on Trade Related Intellectual Property Rights, 1994 (TRIPS)
3.5 Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, 2015
4 Regional Protections of GI
4.1 Protection of GI in EU
4.2 Protection of GI in USA
5 GI Protection in India
5.1 Overview of the GI Act, India
5.2 Challenges in the Existing Law
6 Conclusion
6.1 Acts, Statutes and Regulations
References
A Study on the Quality Control and Enforcement of Registered Geographical Indication Goods in India
1 Introduction
1.1 Methodology
2 An Analysis of the Post Registration Quality-Control Regulations in India
2.1 Analysis of the Quality Control Mechanism Under GI Law of India
3 Quality Control Measures for GIs in the Member States of the European Union (EU)
3.1 GI Quality Control Regulation in France
3.2 Quality Control System in Italy
3.3 Quality Control in Germany
4 Conclusion and Suggestions
Free Trade Agreements and Geographical Indications Standards in Asia
1 Introduction
1.1 Post-TRIPS GI Debate
2 Attempts for Finding Common Ground at the Multilateral Level
2.1 Comprehensive Economic and Trade Agreement (CETA)
2.2 Trans-Pacific Partnership (TPP) and Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
2.3 Transatlantic Trade and Investment Partnership (TTIP)
2.4 Regional Comprehensive Economic Partnership (RCEP)
3 FTAs in Asia
3.1 South Korea—The Challenge of Conflicting Commitments
3.2 KOREU—Effervescence of GI in South Korea
3.3 KORUS—GI as a Trademark Subset
3.4 Singapore’s GI Thrust and the EUSFTA
3.5 Vietnam—Phased Evolvement of GI Protection Regime
3.6 Japan—Emerging GI Aspirations
3.7 China—Awakening to GI Reality
3.8 India—Slow and Reluctant Approach
3.9 Malaysia: A Long Wait
4 Conclusion
References
Geographical Indication Registrations for Rural Enterprise Development
1 Introduction
2 GI Linked Rural Development: Aspects, Model and Potential Benefits
2.1 Aspects of Rural Development
2.2 A Model for Rural Enterprise Development
2.3 Potential Benefits of GI
3 GI and Brand Development for Rural Enterprise
3.1 GI Branding: Perspective in Foreign GI
3.2 Case Study of the Impact of GI Registration in the Rural Economy of Vietnam
3.3 Impact of GI Registration in Other Countries
4 GIs: Indian Trend with Particular Reference to West Bengal
4.1 Global Export Market of GI Items: Indian Scenario
5 Constraints in GI Implementation and Recent Initiatives
6 Way Forward
7 Concluding Remarks
References
Foodstuffs and Geographical Indications in India: An Analysis
1 Introduction
2 Diversity of Food in India
3 Foodstuffs Protected as GI
4 Foodstuffs GI Under GI Act, 1999
4.1 Part A Registration
4.2 Part B Registration of Food Stuff GIs
5 Unique Attributes Due to Geographical Factors
6 Policy and Institutional Support for GI Conservation
7 National IPR Policy and GI
8 Standards and Certification
9 Impact of GI Registration
10 Enhancing Food GIs- Domestic and International Markets
10.1 Anti-Counterfeiting Measures
11 Conclusion
Appendix
References
Protection of Geographical Indication: The Interface with Traditional Knowledge
1 Introduction
2 ‘Raising the Bar’—Traditional Knowledge in the International Context
3 Geographical Indications and Traditional Knowledge—Merging or Parallel?
3.1 TRIPS Agreement
3.2 WIPO-IGC
3.3 TK in the Interface of the TRIPS and CBD
3.4 Convention on Biological Diversity
4 Traditional Knowledge Related Guidelines
4.1 Akwé: Kon Voluntary Guidelines
4.2 Tkarihwaié:ri Code of Ethical Conduct
4.3 Mo’otz Kuxtal Voluntary Guidelines
4.4 Rutzolijirisaxik Voluntary Guidelines
5 Protection of TK and GI—A Complementary Approach
6 Comparative Perspective of Interrelationship Between GI and TK—African, Asian Perspective
7 The GI and TK Context Under the Indian Legislative Framework
7.1 The Interface with Geographical Indications of Goods (Registration and Protection) Act, 1999
7.2 Promoting Registered GI by Effective Protection of Traditional Knowledge
7.3 The Interface with the Biological Diversity Act, 2002
7.4 The Interface with the Protection of Plant Varieties and Farmers Rights (PPVFR) Act, 2001
8 Conclusion
References
Farms to Market: GI Odyssey of Sojat Mehndi
1 Connotation of Geographical Indication (GI) Tag
2 Geographical Indication (GI) Tag: A Need of Hour for Recognition
2.1 International Recognition: A Comparative Perspective of EU, US and India
2.2 Geographical Indication: The Umbrella of Rights
2.3 Geographical Indications in India
2.4 Registration of Goods for GI in the Indian Aspect
2.5 Types of Applications
3 GI and Their Role in Promoting Agricultural Products
3.1 Legal Protection
4 Introduction to Sojat Mehndi
4.1 Sojat Mehndi
4.2 Why Sojat Mehndi is Fit for Geographical Indication Tag?
4.3 Role of Sojat Mehndi Kisan Samiti as an Applicant
4.4 Pre-application Odyssey of Sojat Mehndi
4.5 Post Application Odyssey of Sojat Mehndi
5 Conclusion
References
Managing Geographical Indications: Challenges and Opportunities
1 Introduction
2 Existing System Setup for Management of GIs
3 The Indian Context
4 Opportunities for GI Stakeholders
5 An Overview of Agricultural GIs in Southern Part of India
6 The South Indian Context
7 Procedural Challenges for the GI Stakeholders
8 Business Challenges for the GI Stakeholders
8.1 The Case of Telangana Handicraft GIs
9 Role of Supporting Entities to Develop Business Conducive GI Ecosystem
10 The Case of Darjeeling Tea, India’s First Geographical Indication
11 Measures Taken by Various Government Entities for Promotion of GIs
12 Suggested Interventions to Leverage the Impact Post the Grant of GI Tag
13 Conclusion
References
Role of Authorized User in Adding Efficacy to GI Protection in India: Issues and Challenges
1 Introduction
2 Part I
2.1 The Indian Sui Generis System of GI Protection
3 Part II
3.1 Authorised User: Status and Significance
3.2 Case Studies from Gujarat
4 Part III
4.1 Observations
4.2 Concluding Remarks and Future Directions
References
