Intellectual Property Rights

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KEY POINTS

Geographical indication (GI)

·         It is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.

·         A GI right prevents its use by a third party whose product does not conform to the applicable standards.

·         E.g. Darjeeling tea is given GI tag in India.

·         The producers of Darjeeling tea can exclude the use of the term “Darjeeling” for tea not grown in their tea gardens.

Validity

·         In special regimes of protection (sui generis), the protection for a registered GI will remain valid unless the registration is cancelled.

·         GI registered as collective and certification marks are generally protected for renewable ten-year periods.

Shortcomings

In obtaining GI

·         Proof of origin is a mandatory criterion for registering GIs in India.

·         It results in a stumbling block in getting GI for Judima, a traditional rice wine made by the Dimasa tribe of Assam due to the difficulty in gathering documentary evidence as proof of origin.

·         Documented evidence would indeed be foolproof in ensuring the link between the product and territory.

·         But in India, where oral history has had far wider convention over written history, this provision will prove to be a formidable hurdle.

·         Organising - India has huge social, cultural, ethnic diversities.

·         But Most of the people engaged in the production of such region specific products are small households.

·         So it is often difficult to organize them into associations and apply for the GI registration.

In Protecting GI

·         Territorial - GI rights are territorial which means that these rights are limited to the country where protection is granted.

·         There is no International GI right exists.

·         For Example: If someone is selling fake Darjeeling tea inside India, he/she can be jailed/fined in India.

·         But, If someone exporting fake Darjeeling tea to some other country, Indian GI right should not enforce anything to curtail it.

·         Partiality - Article 23 of TRIPS agreement gives preference to wines and spirits over other goods.

·         It is a huge setback for developing countries like India, where GIs are largely related to agricultural and Handicrafts products.

Solutions

·         India should push WTO for a multilateral register, which will extend the GI protection internationally.

·         India should consider amending the current Indian law to enable easier GI registration and enhance the marketability of our rich tradition.

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