ABSTRACT:
The protection of indigenous knowledge has become a critical concern in the global intellectual property discourse, particularly in culturally diverse nations like India. One of the significant legal mechanisms for safeguarding traditional knowledge and practices is the Geographical Indications (GI) regime under the TRIPS Agreement and the Indian Geographical Indications of Goods (Registration and Protection) Act, 1999. This research explores the potential of GI as a tool to protect indigenous knowledge systems, encompassing traditional crafts, agricultural products, and cultural expressions. It examines how GI can empower indigenous communities economically and culturally by providing recognition, preserving heritage, and ensuring equitable benefit-sharing. However, the implementation of GI protection is not without challenges—ranging from issues of documentation, community ownership, commercialization risks, to legal enforcement. The paper analyzes these opportunities and challenges through case studies such as Darjeeling Tea, Pochampally Ikat, and others, and offers recommendations for strengthening the GI framework to make it more inclusive and effective in protecting indigenous knowledge.
Keywords: Indigenous Knowledge, Geographical Indications, Traditional Knowledge, TRIPS Agreement, Cultural Heritage, Intellectual Property Rights, Community Empowerment, Legal Protection, India, GI Act 1999
INTRODUCTION
A ‘Geographical Indication’ is an indication that identifies agricultural, natural, or manufactured goods as originating, or manufactured in a country, region, or locality in that territory, where a given quality, reputation, or other characteristic of such goods is essentially attributable to its geographical origin and one of the activities of either the production or Only agricultural, food, handicraft, manufactured, and natural items are covered by the GI Act.
A statement explaining how the geographical indication affects the origin of the good in terms of quality, characteristics, and reputation; the class of goods; the appearance of the geographical indication; and the map of the territory/area/country where the good originated is required for GI Act registration. Registering a geographical indicator grants protection for ten years, with the possibility to renew and extend it for another ten years.
A diverse environment, a wide rural network, and a number of indigenous commodities in the form of handicrafts (Kani Shawl, Bastar Iron Craft) and local produce (Nashik Grapes, Mizo Chilly) are all characteristics of India. Due to the fact that India is abundantly endowed with natural and agricultural resources, it was of the utmost necessity for the country to have strong protection for geographical indications.
Therefore, in light of the aforementioned, and in accordance with the TRIPS Agreement of the World Trade Organisation (WTO), “The Geographical Indications of Goods (Registration and Protection) Act, 1999” (GI Act, 1999) came into effect in order to offer protection to the items that were registered under the Act.
In 1999, the Geographical Indications of Goods (Registration and Protection) Act was passed with the intention of accomplishing three different goals:
- By enacting a specific rule that governs the geographical indication of commodities in the country, which is capable of protecting the interests of those who create such items in an adequate manner,
- Additionally, in order to prevent unauthorised individuals from exploiting geographical indicators and to safeguard customers from being misled,
- Third, to encourage the sale of products that bear the Indian Geographical Indication in the international market.
A geographical indicator is a symbol that is used on items that have a specific geographical origin and exhibit attributes or a reputation that are due to that origin, as stated in Section 2(1)(e) of the G1 Act, 1999. In addition, a geographical indication is known as a geographical label. As a result of the fact that the attributes are dependent on the geographical location of production, there is a direct connection between the product and the place where it was initially manufactured. Indian GIs are notable for the wide range of product categories that they provide, which is one of their distinguishing characteristics. Products ranging from agriculture and horticulture to textiles, handicrafts, paintings, and drinks are included on the list, among other things related to the industry.