Geographical Indications Laws in India: Issues and Challenges

Abstract

This Review Article initially looks in to the mode of protection of GIs and role of judiciary in protecting GIs in India, prior to the implementation of the GI Act, 1999. This Article analyses the implementation of the Act in India by reviewing the provisions of the Act with an objective of finding loopholes and lacunas. Analysis of socio-economic perspectives involved in the registration of GIs is done through various case studies as well. Case studies are reviewed with an objective of analysing how far the Act had been instrumental in protecting the interest of the stakeholders of respective GIs. It has almost been more than two decades since India has enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999. The number of GI registrations made with the GIR proves how instrumental the Act has been in according protection to registration of GIs. The Act played a very important role in ensuring international protection to indigenous GIs. A well protected GI, when pro actively used, can be considered as an effective marketing tool as they convey to the consumers of particular goods and services about the quality, reputation and special characteristics of goods and services. If not accorded protection, any person can use any geographical indication to any goods or services which may not be in par with the standards of the original goods and services and can cause confusion among the consumers and deceive them. Lack of awareness among the stakeholders of GIs, non –existence of quality control mechanisms are the reasons for the failure in achieving the objectives. Moreover, the Act which is formulated in par with the trademarks law tend to be more trader centric than producer centric.