Geographical Indications (GIs) are a particular type of Intellectual Property Rights (IPR). The indications help preserve products coming from outside, particularly geographical locations and indicate products that are exceptionally rare or of high quality associated with their geographical locations. Geographical indicators formed in IPR have a very important role to play in the regional development, protection of traditional knowledge and ensuring quality of local goods. They also help consumers in making an appropriate choice about what they want to buy. Agricultural products, handicrafts, natural products and industrial products can be the item to include in it.
GIs are secured under international agreements and national laws such as the Agreement on Trade-Associated Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO). Countries build legal structures to stop the unauthorized use, copying, or misuse of GIs by unauthorized parties. In many instances, products looking for GI protection must go through certification procedures to show their observance of exclusive production methods and quality norms connected with their geographical origin. A few well-recognized instances of products protected by GIs comprise Champagne from the Champagne region of France, Darjeeling tea from India, Parmigiano-Reggiano cheese from Italy, and Scotch whisky from Scotland.
What is Geographical Indication?
Section 2(e) of the Geographical Indications of Goods (Registration and Protection) Act of 1999 elucidates ‘geographical indications’ to goods to mean: “An indication which recognizes such goods as agricultural goods, manufactured goods or natural goods as sourced or produced in the territory of a country, or a locality or region in that territory, where a specific quality, reputation or different characteristic of such goods is mainly ascribable to its geographical origin. In the instance where such goods are produced goods, one of the tasks of either the processing or of production or making of the goods involved occurs in such territory, locality or region, as the instance may be”.
Kinds of Infringement in Geographical Indications
- Direct Infringement: This happens when a non-authorized manufacturer utilizes the GI on products that do not emanate from the specified region or do not follow the specifications and standards of the GI. For example, marking sparkling wine manufactured in California as “Champagne” is a direct infringement.
- Indirect Infringement: This includes the utilization of terms, descriptions, or symbols that, although not straightforwardly copying the GI, misinform consumers concerning the actual origin of the product. An instance would be utilizing phrases such as “Champagne-like” for goods not sourced from the Champagne region.
- Dilution: This pertains to using a GI in a manner that blurs its exclusiveness or blemishes its reputation. With time, such misuse can diminish the brand value connected with the GI.
Remedies for Violation of Geographical Indications
You can assert the remedies u/s 67 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, in the shape of Criminal remedies and Civil remedies. Civil remedies are in the nature of damage and injunctions.
Civil Remedies:
- Damages: Monetary payment can be granted for losses incurred due to infringement.
- Injunctions: Courts can decree orders to restrict infringers from illegitimately utilizing a GI.
- Corrective Advertising: In a few instances, courts may decree the infringer to engage in corrective advertising to reduce the impacts of misleading or false use of a GI.
Criminal Remedies:
Furthermore, a few jurisdictions prescribe criminal penalties for GI infringement and entail imprisonment as well as fines in order not to encourage scams.
Administrative Activities:
In a couple of countries, administrative bodies can challenge GI infringement by providing injunctions and imposing fines.
Case Study
Darjeeling Tea Instance
This case study highlights the protection of Darjeeling tea within the Geographical Indication (GI) Act at the local and International levels. The protection of Darjeeling tea as a GI has been critical for retaining its reputation and quality, both internationally and domestically. The GI status, awarded in 2004, ensures that only tea manufactured in the Darjeeling area under exclusive conditions can be advertised as Darjeeling tea, which aids in stopping misappropriation and keeping up consumer trust.
Geographical Indications – Treaties & Laws
The law concerning Geographical Indications in India is mainly governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act). It became operative on September 15, 2003, to facilitate the registration and protection of GIs in India. Its primary objective is to protect the specific reputation and identity of products sourced from exclusive geographical locations in India.
- Agreement on Trade–Associated Features of Intellectual Property Rights (TRIPS): This accord, under the World Trade Organization (WTO), defines norms for the protection of different types of intellectual property, like GIs. WTO member countries must offer legal means for concerned parties to stop using false indications regarding the geographical source of goods.
- Paris Convention for the Safeguarding of Industrial Property: This is an international treaty that encompasses different aspects of industrial property, like provisions linked to GIs. It offers a framework for global collaboration in this field and promotes the protection of GIs.
Rights Offered Under Geographical Indications In IPR
- Safety against Misuse: GI security ensures that the enrolled GI cannot be utilized by unendorsed parties to mislead consumers regarding the precise origin, characteristics, or qualities of the products. This security stops the abuse of the geographical name for goods not originating from the specified geographical region.
- Quality Assurance: GI protection refers to specific quality standards and production methods that a particular geographical region has. The GI holder for which the product is subscribed will be responsible for ensuring compliance with these quality standards to ease consumers’ scepticism on authenticity/quality.
- Exclusive Use: The enrolled GI owner has the specific right to employ the geographical indication for the goods that come under the ambit of the registered GI. This implies that no other entity or producer can utilize the GI to sell or advertise similar products save when they are authorized users.
- Avoidance of Copies: Banned is the unauthorized use of GI to copy or scandalize aspects of an enrolled original product. This prevents unfair competition and risks of dilution on actual product nameplates.
- Right to License: The enrolled GI holder has the power to endorse other producers (authorized users) to utilize the GI on their goods, provided that they follow the set quality standards and production means related to the GI.
- Appreciation in International Trade: GIs that are enrolled and secured in one country may be identified and safeguarded in other countries by international treaties or agreements. This appreciation promotes the export of products carrying the GI to global markets.
- Regulation of Imports: GI protection allows the actual GI holder to exercise control over the use of GI on imported products from various countries. The checks prevent untraceable products from the delineated geographic area from being admitted into the market.
Bottom Line
A powerful instrument to protect the identity and heritage of products that are locally specific is Geographical Indications (GIs). However, GI work depends on strong legal rights and proactive measures to implement them. Comprehending the complexity of issues concerning infringement entails a cocktail of powerful legal guarantees, consumer education and collaboration internationally. As global trade keeps on expanding, the value of protecting GIs will only increase, making it mandatory for stakeholders to stay proactive and vigilant in protecting these precious assets.
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