GEOGRAPHICAL INDICATIONS: CONCEPT, ORIGIN AND EVOLUTION

Abstract

ABSTRACT

Intellectual Properties are either tangible or intangible in nature and are the creations of human mind. Legal regimes around the world vest with the creators of such properties certain exclusive rights in relation to those properties, subject to certain limitations. Such rights are termed as Intellectual Property Rights and are intangible asset of a creator of an Intellectual Property. Intellectual Property Rights (IPRs) in the current scenario has been extended to a number of branches including Designs, Integrated Circuits and Geographical Indications apart from the conventional branches like patents, trademarks and copyrights. It is the developments in the field of science and technology along with globalization that has led the dire need for countries to ensure efficient and effective protection to the known Intellectual property rights and to cover the new areas.

Even though the traces of all the existing branches of intellectual property rights can be found in the very first international instrument on intellectual property rights, the Paris Convention, 1883, a well established legal regime for its protection can be found in Agreement on Trade Related The importance that IPRs have acquired in the recent times has led to a situation where the national legal systems must include protection of IPRs.

In the present global economy, Geographical Indications (GIs) has also emerged as a significant Intellectual Property Right. The world we live in has several thousands of territories that are synonymous to a particular product or more which either occur naturally or cultivated or manufactured by the indigenous people of that region. Such products have one or more special features attributable to those specific regions. The distinct feature of such products is also exemplified by the knowledge possessed by the indigenous people belonging to those regionsAspects of Intellectual Property Rights, 1994 (TRIPs).