A Judicial Analysis Of Geographical Indication Protection
- IJLLR Journal
- Jul 31
- 1 min read
Dr. Basavaraj M. Kubakaddi, Associate Professor & Dean, School of Legal Studies, Central University of Karnataka
KM Krishna Sekhar Sarma, Research Scholar, Department of Law, Central University of Karnataka
ABSTRACT
This article examines the pivotal role of the judiciary in shaping the contemporary landscape of Geographical Indication (GI) protection. Through a comparative analysis of landmark case law from India, China, and the European Union, it argues that courts have become the primary arbiters in resolving the inherent tensions between the legislative text of GI statutes, the obligations of international treaties like TRIPS, and the complex realities of global commerce and cultural preservation. The analysis reveals distinct judicial trends: an evolution in Indian jurisprudence from procedural gatekeeping to substantive rights adjudication; a strong, trade-oriented enforcement posture in China; and an expansive, extraterritorial application of GI principles by the European Court of Justice. The article synthesizes these judicial responses to identify key themes in the delineation of GI boundaries, the conflict between GIs and trademarks, the mechanics of enforcement, and the challenges of cross-border protection. It concludes that while a globally harmonized GI jurisprudence remains elusive, judicial dialogue and precedent are forging a de facto international common law that is increasingly vital for the protection of cultural heritage and the promotion of fair trade in a globalized economy.
Keywords: Geographical Indication; Sue-generis Legislation; Judicial Precedents
