Geographical Indication and Missing Regulatory Framework on Post Registration Quality Control Measures

Abstract

Geographical indicators (GI) serve to distinguish commodities that originate in a certain region and provide information about the goods' quality, reputation, and origin. Around 370 items are currently registered in India under the Geographical Indication of goods (Registration & Protection) Act, 1999; in which Karnataka is the state with highest GI tags among them. The only provision related to GI that seems to be prioritized in the Act is product registration, but the concept of post registration quality control procedure is missing and least addressed by the legislators. As per the section 59 of GI act talks about quality and warranty of the good, “Implied Warranty on Sale of geographically Indicated Goods”. Therefore, the seller has to maintain the quality of product to protect the consumer from
exploitation. As quality has connection with the standards and economy of the country. In Indian GI system, the quality check is only done by the autonomous body or association of the producers. In case of Darjeeling tea, the association of producers is Tea board. And this cannot fully ensure the quality of GI goods (Tea) as there are many sellers who are selling cheap or duplicate quality tea with the Darjeeling Tea GI tag. Hence, in India we should have some regulatory authority for the post quality check of all the GI registered goods. Likewise, in Europe, the GI laws are recognized as Sui genesis rights in which the quality of good is checked by the concerned authority before it gets supplied to the market. Regulation 1151/2012 is the law in EU that basically regulates the GI and this is only
applicable to the agricultural products. But for the quality check, this law is definitely beneficial because when the group that is applying for the registration of GI tag, has to go through one or more recognized body, which ensures the specification and quality claimed during registration before the good is supplied to the market. Then this working of certification bodies will be inspected by competent authorities who maintain the check and balance on the geographical indication mechanism. Therefore, Indian GI law is set to undergo modifications and additional procedures like EU to aim at ensuring post registration quality stability which will definitely protect the interest of consumers and boost the economy of the country.