Geographical-Indications (GIs) represent a vital element in the broader landscape of Intellectual Property Rights (IPR), serving to protect products that possess qualities, reputations, or characteristics essentially attributable to their geographical origin. Traditionally associated with agricultural goods like Darjeeling-tea or-Champagne, GIs have, in recent years, gained prominence as a mechanism to safeguard traditional knowledge-and-cultural expressions, particularly in the realm of handicrafts and other non-agricultural products. This shift in focus underscores the growing recognition of GIs as tools not only for legal protection but also for economic development, rural empowerment and cultural preservation.
In India, the Geographical-Indications of Goods (Registration and Protection) Act, 1999, was enacted to provide comprehensive protection to goods associated with specific geographical locations. While the Act is inclusive of both agricultural and non-agricultural goods, the practical implementation-and-emphasis have largely been skewed towards agricultural products. However, India’s rich tradition of handicrafts and artisanal goods such as Banarasi-silk, Channapatna-toys and Madhubani-paintings necessitates a more nuanced approach to extending GI protection to these sectors, ensuring equitable recognition and benefits.
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- Concept and Evolution of Geographical Indications
Geographical Indications (GIs) are a form of intellectual property that identify goods as originating from a specific-geographical-location, where a given quality, reputation, or other characteristic of the good is essentially attributable to that place of origin. Unlike trademarks, which identify the commercial source of a product, GIs link the product to its cultural, environmental and traditional roots. This link creates a distinctive identity and adds value to the product through regional branding.
The concept of GIs dates back centuries, with early examples including Roquefort-cheese from France and Parma ham from Italy. However, formal recognition and protection of GIs gained momentum with the advent of the TRIPS-Agreement under the WTO-in 1994, which mandated minimum standards for GI-protection among member countries. TRIPS distinguishes between general protection (Article 22) and additional protection for wines-and-spirits (Article 23), though many countries have extended GI-frameworks to include handicrafts and other non-agricultural goods.
In India, the legal recognition of GIs culminated in the enactment of the Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into force in 2003. The Act provides a registration mechanism and exclusive rights to authorized users, aiming to preserve traditional knowledge and empower rural and artisanal communities. Over time, India has registered over 400 GIs, including a growing number of handicrafts such as Pochampally-Ikat, Blue Pottery of Jaipur-and-Kullu-Shawls.
Thus, the evolution of GI-protection reflects a growing understanding of its economic, cultural and social significance, particularly in supporting sustainable development and protecting intangible cultural heritage.
[1] Datta, Sayantani, and Niharika Sahoo Bhattacharya. “Geographical Indication Protection System in India.”
Geographical Indication Protection in India: The Evolving Paradigm. Singapore: Springer Nature Singapore, 2022. 1-26.
