Geographical Indications

IPR, Legalities, Policy

Geographical Indications

Muthukumaar, G.K.

Importance Of GI Registration: Under the law of Geographical Indications in India, only if a Geographical Indication (hereinafter referred to as, “GI”) is registered in India, then the registration affords legal protection by enabling infringement action possible. Further under the TRIPS Agreement, to which India is one of the signatories, registration in the home country (i.e. country of origin) is a pre-requisite for registration in other member countries.That apart registration enables protection of the GI and its promotion. It confers exclusive right to the producers concerned to produce and market the GI goods. Production and sale by anyone other than the producers concerned is an offence punishable under the GI law.Registration therefore enables the entire world demand to be catered to by the producers concerned as opposed to it being met by the world at large, prior to registration. Therefore registration paves the way for the concerned producers to cater to the entire market demand. It thereby increases the sales of the producers, thereby increasing their turnover and profits. This in turn leads to national development and prosperity. This is also called as the cascading effect of GI registration.Further, GI protection ensures that the consumers get only original GI goods from the place of origin, thereby preventing them from deception and ensuring originality. It forms the basis for initiating infringing action, and to curb pira...


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