Effectiveness Of The Geographical Indications Of Goods (Registration And Protection) Act, 1999: A Socio-Legal Analysis
- IJLLR Journal
- 8 minutes ago
- 1 min read
Neeraj Kumar, Department of Law, Maharishi Markandeshwar (Deemed to be University), Mullana, Ambala, Haryana
ABSTRACT
Geographical Indications (GIs) are a significant category of intellectual property which guarantees products whose quality, reputation, or features are inseparably associated with a place of origin. The Geographical Indications of Goods (Registration and Protection) Act, 1999, came to be enacted in India to protect traditional products, generate rural development, deter unauthorized use, and preserve cultural heritage of the country. This paper critically analyses the effectiveness of the Act on a socio-legal platform by looking at its legal framework “implementation, and impact on the local community socio-economically. It discusses how much GI registration has benefited the artisans, farmers and traditional producer by providing exclusive market recognition, economic opportunities and security against being duplicated. The critical issues that have been also identified in the paper are lack of awareness on part of the stakeholders, the ineffective enforcement mechanisms, market access, misuse registered GIs, and protection internationally. Considering a doctrinal and socio-legal study approach rooted in the statutes, judicial rulings, government reports, and literature, the research concludes that even though the Act has gone a long way in enhancing the protection of geographical indications in India, its effectiveness needs to be intensified through enhanced enforcement, institutional support, awareness on the part of producers and policy reforms to achieve sustainable socio-economic development and preservation of traditional knowledge.
