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RESEARCH NOTE – "The Evolution and Impact of Geographical Indications
1. INTRODUCTION
Geographical Indications (GI) serve as a significant form of intellectual property that recognizes and protects products which are intrinsically linked to specific geographical regions. This unique certification, introduced in India through the Geographical Indications of Goods (Registration and Protection) Act, 1999, reflects the cultural heritage and traditional knowledge embedded in various goods, ranging from agricultural products to handicrafts. By granting exclusive rights to producers within the designated area, GI tags not only safeguard the authenticity and reputation of these products but also enhance their economic value, particularly in international markets. These indications are vital for promoting regional development and preserving the legacy of indigenous communities, ensuring that the unique qualities and reputation associated with a geographical origin are legally protected and sustainably leveraged.
2. LEGAL FRAMEWORK
The legal foundation for Geographical Indications (GI) in India is provided by the Geographical Indications of Goods (Registration and Protection) Act, 1999, along with the accompanying Rules on Geographical Indication of Goods (Registration and Protection), 2002. These laws ensure that the unique qualities and reputation of goods linked to specific geographic regions are protected. 2.1. Definition of GI Goods The Act defines GI under Section 2(1)(e) as goods originating from a specific geographical location and possessing qualities, reputation, or characteristics that are essentially attributable to that location. 2.2. Registration Process The process for registering a GI is governed by Section 11 of the Act. Below is a step-by-step breakdown of the registration procedure: ● Step 1: Determining Eligibility : The applicant must first ensure that the product falls within the ambit of the Act, i.e., the goods must be linked to a specific geographic origin with distinguishable qualities or reputation. ● Step 2: Filing the Application : The application for a GI tag is filed under Section 11 in Form GI-1. It must be submitted in triplicate and should include: a. A statement of the case explaining why the product qualifies for a GI tag.
b. The class of goods to which the GI applies. c. Three certified copies of the geographical map of the region where the product originates. d. A description of the GI and the unique qualities that link it to the region. e. The application must be signed by the applicant or their agent. ● Step 3: Fees : The application is subject to payment of fees for each class of goods listed. A single application can cover multiple categories of goods, but the applicable fee is payable for each class. ● Step 4: Examination and Publication : Upon submission, the application is examined by the Geographical Indication Registry. If approved, it is published in the GI Journal, inviting objections. ● Step 5: Registration : If no objections are raised, the GI is registered, providing legal protection for an initial period of 10 years, after which it can be renewed. 2.3. Protection and Infringement Once a GI is registered, it enjoys legal protection. Unauthorized use of the registered GI is prohibited, and infringement can result in significant penalties, including fines and imprisonment. The GI tag also offers protection against imitation and counterfeit goods, ensuring that only producers from the designated region can use the GI. In summary, the legal framework and registration process for GIs in India ensure the protection of geographically linked products, promoting economic benefits and safeguarding cultural heritage.
3. BENEFITS AND IMPACTS OF GEOGRAPHICAL INDICATIONS (GI)
3.1. Increasing Global Recognition ● Expansion: Geographical Indications are gaining recognition beyond traditional categories like food and beverages, extending to handicrafts, textiles, and even industrial products. This expansion reflects the growing awareness and appreciation for products with unique geographical origins, leading more regions worldwide to seek GI recognition. ● International Trade: As global trade agreements evolve, GI tags are becoming increasingly significant in international markets. These tags protect products from imitation, ensuring that only authentic products from specific regions can use the GI designation. This protection enhances the export potential of GI-tagged products by allowing them to command premium pricing and maintain their reputation in global markets.
4.3. Counterfeiting and Imitation : Loss of Revenue and Reputation: Counterfeiting and imitation of GI-tagged products remain a significant problem. Unauthorized production of imitation goods not only damages the reputation of the authentic products but also results in loss of revenue for genuine producers. 4.4. Inadequate Enforcement : Weak Legal Enforcement: In many cases, the enforcement of GI rights is insufficient, leading to infringement and violation of GI tags. Producers are often unable to take legal action against violators due to a lack of resources or understanding of the legal process. 4.5. Complex Registration Process : Bureaucratic Hurdles: The registration process for GI tags can be cumbersome, involving significant paperwork and coordination between various stakeholders. The complexity of the process, combined with bureaucratic delays, discourages potential applicants from pursuing GI registration. 4.6. Lack of Coordination : Fragmented Stakeholders: There is often a lack of coordination between government agencies, producers, artisans, and other stakeholders. This fragmented approach hinders efforts to promote and protect GI-tagged products effectively. 4.7. Benefit Distribution : Unequal Distribution of Economic Gains: In many cases, the economic benefits generated by GI-tagged products are captured more by traders than by the actual producers. This results in minimal direct benefits to the farmers, artisans, or rural communities that create these unique goods. 4.8. Quality Control Issues : Inconsistent Standards: Post-registration, there is often a lack of quality control mechanisms to ensure that GI-tagged products maintain their superior qualities. Without rigorous quality checks, the GI tag becomes more symbolic, diluting its effectiveness and appeal. 4.9. Insufficient Research and Development : Lack of Innovation: There is limited investment in research and development to improve the quality and competitiveness of GI-tagged products. Without innovation and modernization, many products struggle to compete in an increasingly competitive global market.
5. FAMOUS CASE STUDIES ABOUT GI TAGS IN INDIA
5.1. Darjeeling Tea (2004) : Darjeeling Tea was the first product in India to receive a GI tag in
- Known for its unique taste and aroma, the GI tag ensures that only tea grown in the Darjeeling region can be labeled as "Darjeeling Tea." This certification protects the tea from unauthorized use of the name and preserves its global reputation. A notable case involved unauthorized use and registration of the Darjeeling Tea name and logo by Japanese companies. The Tea Board of India successfully took legal action, leading to the cancellation of these registrations. 5.2. Banarasi Silk (2009) : Banarasi Silk, renowned for its intricate weaves and luxurious texture, was awarded a GI tag in 2009. The GI label certifies that only silk produced in Varanasi (Banaras) using traditional weaving techniques can be marketed as "Banarasi Silk." This protection helps preserve the heritage of Banarasi Silk and prevents fake or low-quality products from entering the market, ensuring the livelihood of traditional artisans. 5.3. Alphonso Mango (2010): Alphonso Mango, often called the "King of Mangoes," received a GI tag in 2010. The GI tag is specific to mangoes grown in certain regions of Maharashtra and Gujarat, where the unique soil and climate conditions give the Alphonso its distinctive flavor and aroma. This certification prevents mislabeling and ensures that consumers are receiving authentic Alphonso mangoes, thus protecting both the producers and the product's reputation. 5.4. Pashmina Shawls (2008): Pashmina Shawls, known for their fine texture and warmth, were granted a GI tag in 2008. The GI label ensures that shawls made from pure Pashmina wool sourced from the Changthang region of Jammu and Kashmir are certified "Pashmina Shawls." This tag not only prevents counterfeiting but also preserves the traditional craftsmanship associated with these shawls, thereby supporting local artisans and the region’s economy. 5.5. Nagpur Orange (2014): Nagpur Oranges, famous for their tangy flavor and vibrant color, were awarded a GI tag in 2014. This certification guarantees that oranges grown in Nagpur, Maharashtra, possess unique characteristics due to the region’s specific climate and soil. The GI tag helps protect the reputation of Nagpur oranges and ensures better marketability for local growers, both domestically and internationally. 5.6. Basmati Rice : India and Pakistan have been engaged in a long-standing dispute over the GI tag for Basmati Rice, a premium rice variety known for its aroma and long grains. India filed an application for GI-tagging of its Basmati rice, which was met with resistance from Pakistan, which also produces a variety of Basmati rice. The issue has become a diplomatic dispute, with both countries seeking exclusive GI rights in various markets.
Geographical Indication (GI) tags provide legal recognition to products that originate from a specific region, with unique qualities derived from their geographical location. These tags cover a wide range of products, including agricultural, natural, and industrial goods, ensuring that the product's reputation and characteristics are protected. In India, GI tags play a vital role in promoting local economies, safeguarding cultural heritage, and preventing the unauthorized use of product names. Although the process of acquiring a GI tag can be complex, requiring adherence to strict standards, the benefits are substantial. GI tags not only help producers secure their intellectual property but also enhance consumer trust by ensuring product authenticity. Despite facing challenges like lack of awareness, inadequate infrastructure, and enforcement issues, the potential for GI tags to drive socio-economic development in India is significant. With increased government support and public understanding, GI tags can play a pivotal role in promoting rural and indigenous communities, enriching both local and global markets.
