An Analysis Of Global Significance Of The Trips Agreement With Special Emphasis On GI Tags

An Analysis Of Global Significance Of The Trips Agreement With Special Emphasis On Geographical Indication Tags

Anish V, Sastra Deemed University

Sai Aasheerwa Gudla, Sastra Deemed University

ABSTRACT

Everyone takes pride in belonging to their homeland and to some specific region of a nation. The same is their attachment to various products and produces that are ethnically and specially linked to the region. The products that are being referred to includes the Champagne from France, Scotch Whiskey from Scotland, and Basmati Rice from India among many others. All these products have obtained such standards and speciality because of the rarity and quality of the produce that is derived exclusively from that region. While everything is readily available for people to be obtained from any corner of the world, the production of the same is still limited. Thus, one cannot claim his production to be a produce from that exclusive region even when it is not. However, is there a legal instrument that protects such ethnically and exclusively linked products of a specific region? Will it provide protection for such produces and the people that produce the same? This is where the Geographical Indication (GI) tag endorsed under the Trade-Related aspects of Intellectual Property Rights (TRIPS) Agreement comes into picture.

This paper aims to analyse the entirety of the TRIPS Agreement and cover all the aspects of Intellectual Property protections granted under the agreement. Till date, the TRIPS is the most comprehensive and detailed agreement that the WTO has produced in relation to global protection of the Intellectual Property Rights. Further, this paper includes special emphasis on the geographical indication granted under this legal instrument.

Keywords: TRIPS Agreement, Geographical Indication, Intellectual Property, International Trade, WTO.