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This research paper explores the significance of geographical indications (GIs) as a mechanism for protecting regional products and promoting cultural heritage in India. It examines the legal framework for GIs, analyses their impact on rural and traditional industries, and evaluates the challenges and opportunities in utilizing GIs for cultural preservation, economic development, and sustainable tourism. The paper highlights the importance of striking a balance between intellectual property rights and the cultural heritage of a region to ensure inclusive growth and the equitable distribution of benefits. This research paper aims to contribute to the existing literature by providing a comprehensive analysis of the role of geographical indications in cultural protection and regional development in India. By examining case studies and evaluating the challenges and opportunities, the paper highlights the importance of fostering a supportive environment that balances intellectual property rights, economic growth, and the preservation of cultural heritage. The findings of this research can inform policymakers, stakeholders, and communities on leveraging geographical indications to promote sustainable development, preserve cultural diversity, and create inclusive economic opportunities.
The How and the Why of protecting the unique identity of local products in the age of globalization. 'It is decreed that no wine merchant can mix two wines together. Disregarding this law can entail a loss of wine and a -fine', and with these words a certain king of France in 1351 gave birth to what we now know as geographical indications (GIs). From the aromatic Basmati rice to the rich taste of Darjeeling tea in India and from the sparkling white wine of Champagne to the blue cheese of Roquefort in France, all locale-specific products are protected by GIs. The book compares the case of India with that of France where GIs originated and investigates how India has successfully extended its GIs to handicrafts while France and Europe still remain con-fined to foodstuff. It is a significant study in light of the increased Trade-Related Aspects of Intellectual Property Rights and World Trade Organization regime. A must-have for producers, practitioners, lawyers, policy makers, researchers, academics and students of law.
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.
This book presents a comprehensive analysis of Geographical Indications (GI) in the Indian context with particular reference to the handloom sector. It discusses themes such as the rationale of GI as IP (intellectual property); the domestic position on GIs; GI protection under various international instruments; handlooms from Gujarat and their GI journey; the efficacy of GIs; and GI structure for handlooms. The volume fills the gap between law and policies and recommends the implementation of an efficient legal system. It highlights the status of Indian handlooms, a sector that represents the country's cultural heritage and supports a range of livelihoods. We examine India's GI protection system with its diverse cultures and explore how GI can help recognize, support and promote these products to bring socio-economic benefits. The work documents policy measures undertaken for the revival, restructuring and promotion of Indian handlooms and handicrafts, and will serve as an important intervention in Indian law on GI. An investigative study that evaluates the current law and policy on GI protection through detailed case studies and empirical research on select Indian handlooms, this book will be useful to scholars and researchers of geography, economics, development studies, sociology, law and public policy. It will also interest policymakers, legal practitioners, textile and handloom professionals, design and business administration institutes, media, arts and crafts museums and civil society organizations working on handlooms or in intellectual property.
Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.
Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though countries in this region have actively discussed the topic and in several instances have promoted GIs as a mechanism to foster local development and safeguard local culture. This book, edited by renowned intellectual property scholars, fills the void in the current literature and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region. The book is available as Open Access.
The analyses presented here consider how questions of national identity become entangled with environmental concerns in Bangladesh, Nepal, Pakistan, and India and provide insight into the motivations of colonial and national governments in controlling or managing nature. Gunnel Cederlof is professor of history at Uppsala University, Sweden. K. Sivaramakrishnan is Dinakar Singh Professor of India and South Asian Studies, professor of anthropology, forestry, and environmental studies, and director of undergraduate studies at Yale University. Contributors include Kathleen D. Morrison, Urs Geiser, Vinita Damodaran, Antje Linkenbach, Bengt G. Karlsson, Claude A. Garcia, J.P. Pascal, G̦tz Hoeppe, Wolfgang Mey, Sarah Southwold-Llewellyn, and Nina Bhatt. "Informative and thought-provoking. . . . Ecological Nationalisms is a must-read for serious scholars of South Asia studies." -American Anthropologist
In this thoroughly revised and updated third edition, Michael Blakeney investigates the European laws which regulate the use of geographical indications (GIs) in the marketing of agricultural products, food, wines and spirits, and cultural products such as handicrafts. Key updates include new material exploring the 2023 Regulation on GIs for craft and industrial products, and the protection of wine GIs under the Common Organisation of Agricultural Markets (CMO).
In the realm of trade, there exists a long tradition of labelling products with the emphasis on their place of origin to convey their quality. These products with Geographical Indications (GIs) tag, in the parlance of intellectual property rights, indicate the link between the geographic location and the product and represent the collective rights of the territory-specific communities that are engaged in the production of that commodity. With its entry into the World Trade Organization, India has implemented GI within a legal framework. Through select case studies of products like textiles and crafts in South India, Regional Products and Rural Livelihoods looks at the ramifications of GI implementation at macro and micro levels. It explores the involvement of stakeholders with respect to the reputation of a place/community and the institutional challenges that emerge in the process of GI implementation. This volume highlights the need for collective action by stakeholders to actualize economic gains through GI and analyses its possible outcomes, such as improved livelihoods for producers and authentic products for the consumers.
Geographical indications represent a powerful way to foster sustainable food systems through territorial approaches and market linkages, especially for small-scale actors. In this perspective, and following the FAO publication methodologies of the origin-linked virtuous circle, local actors need to well define their geographical indication (GI) system and, more specifically, the product specifications as well as monitor and evaluate the impacts and readjust the system as necessary for the reproduction of local resources. These guidelines aim at providing a detailed and stepwise approach with specific tools to help practitioners in establishing their framework in relation with their objectives and local conditions, to help both the qualification though a prospective evaluation, and the reproduction of local resources though retrospective evaluation.