Enhancing geographical indications protection in India for community relevance. (6th November 2021)

• Record Type: Journal Article
• Authors: Datta, Sayantani; Manchikanti, Padmavati; Bhattacharya, Niharika S.
• Is Part Of: Journal of world intellectual property. Volume 24:Number 5/6(2021)
• Page Start: 420
• Page End: 435
• Publication Date: 2021-11-06
• Subjects: geographical indications -- GI Act, 1999 -- GI Legislation -- GI reforms -- GI sustenance -- socio‐economic rights; Intellectual property (International law) -- Periodicals; Copyright, International -- Periodicals; Patents (International law) -- Periodicals; 346.048
• DOI: 10.1111/jwip.12202
• Languages: English
• ISSNs: 1422-2213

Abstract

Abstract: Geographical indications (GI) rights are unique as they have a regio‐cultural basis and involve the knowledge and skill of communities. The enactment of the Indian GI Act 1999 was aimed to improve the economic status of the communities and key products for export by registration of GI. Analysis of the inspection body particular, institutional mechanism, and registration process revealed the need for elaboration of GI protection mechanism. Of particular significance is the need to protect the reputation of GIs, strengthen the local registration mechanism, and identify a mechanism for monitoring and conservation of GI. Analysis of food GI such as Bardhaman Sitabhog and Mihidana provide insights on the need for an enhanced protection mechanism to be provided under the GI Act and the rules which have a significant bearing on the post GI sustenance.