Beyond Registration: Structural Deficiencies In India's Geographical Indications Framework
- IJLLR Journal
- Jul 6
- 2 min read
Adv. Ashna P V, BBA LLB (Hons.), LL.M., The National Law University of Advanced Legal Studies (NUALS), Kochi, Kerala
“A register preserves a name; A legal system preserves its true worth.”
ABSTRACT
India's sui generis system for the protection of geographical indications (GIs), established under the Geographical Indications of Goods (Registration and Protection) Act, 1999, represents a significant legislative initiative to fulfil the country's obligations under the TRIPS Agreement. Although the framework has facilitated the registration of a substantial number of geographical indications across agricultural products, handicrafts, textiles, and manufactured goods, registration has not translated into effective commercial protection or sustainable economic benefits for producer communities. This article critically examines the structural deficiencies embedded within India's geographical indications framework. It argues that the limitations of the Indian GI regime constitute an interconnected system of deficiencies that collectively undermine the effectiveness of GI protection. Legislative ambiguities, procedural complexity, weak quality control mechanisms, inadequate enforcement, fragmented institutional governance, insufficient digital infrastructure, and the absence of an integrated commercialisation strategy have significantly constrained the ability of registered GIs to function as valuable intellectual property assets. The article further contends that India's GI policy continues to prioritise registration and cultural recognition but fails to provide due recognition to the aspects of market development, export promotion, value addition, and producer empowerment. The article concludes that meaningful reform requires a transition from a registration-centred model to a coordinated, commercially oriented governance framework that integrates cultural and legal protection with institutional capacity, effective enforcement, quality assurance, and strategic market development. Such an approach is essential to unlocking the economic potential of India's geographical indications while simultaneously preserving their cultural identity and supporting sustainable rural development.
Keywords: Geographical Indications; Geographical Indications of Goods (Registration and Protection) Act, 1999; Intellectual Property Law; Legislative Gaps; Procedural Deficiencies; Institutional Governance; Enforcement Mechanisms; Commercialisation; Quality Control; Rural Development; TRIPS Agreement; Economic Development.
