Cultural Continuity Through Law: The Role Of Geographical Indications In Sustaining Indigenous Knowledge Systems In South Asian Jurisdictions
- IJLLR Journal
- 2 days ago
- 1 min read
Shaista Iqbal, St. Xavier’s University, Kolkata
ABSTRACT
Geographical Indications (GIs) represent a distinct category of intellectual property rights that attribute goods to specific geographical localities, where their quality, reputation, or other defining characteristics are intrinsically linked to their place of origin. The recognition and protection of GIs emphasize the unique identity of regional products while safeguarding them against unauthorized use and imitation. This paper investigates the interaction between traditional heritage and contemporary legal mechanisms, elucidating how Geographical Indications function as a conduit between cultural identity and modern systems of intellectual property protection. It further examines the capacity of GIs to preserve authenticity, indigenous knowledge, and the cultural significance embedded in geographically rooted products.
The study critically reviews global legal instruments like the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and evaluates the role of various institutions like the World Intellectual Property Organization (WIPO) in shaping international GI governance. A comparative perspective is adopted to analyze the implementation of GI regimes across some of South Asian jurisdictions, identifying prevailing challenges, emerging innovations, and effective policy frameworks. By integrating cultural and legal analyses, this research underscores the function of GIs as transformative legal tools that harmonize traditional wisdom with contemporary intellectual property systems, thereby contributing to the sustainable safeguarding of cultural heritage.
The study employs a qualitative methodology, utilizing both primary and secondary materials such as legislation, treaties, academic research, and verified digital sources. Through a comparative exploration of selected national frameworks, the research synthesizes effective models and generates context-sensitive recommendations aimed at enhancing the protection and promotion of GIs in diverse legal and cultural settings.
