Geographical Indications And The Indian Legal Framework: Preserving Heritage In The Age Of Globalization
- IJLLR Journal
- Dec 14, 2025
- 2 min read
Pooja Prasad H G, B.Com. LL.B., St. Joseph’s College of Law
M. Niharika, B.Com. LL.B., St. Joseph’s College of Law
ABSTRACT
Geographical Indications (GIs) are an important category of intellectual property rights linking products to their particular geographical origin and highlighting their unique qualities or characteristics derived from that location. GIs play a dual role, where on one side they help to protect cultural heritage & traditional knowledge and on the other, also acting as a safeguard against unfair competition by ensuring consumer trust. By rewarding local producers, GIs act as an instrument for rural empowerment and economic development. In India, the protection of GIs is governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999, which was enacted to fulfill India’s obligations under the WTO-TRIPS Agreement. The Act provides framework for registration and enforcement of GIs, including civil and criminal penalties for infringement.
Despite this legal framework, significant challenges remain. Issues such as misuse of GI tags, inadequate enforcement mechanisms, limited awareness among producers, and insufficient global recognition continue to undermine the effectiveness of the law. Products such as Darjeeling Tea, Banarasi Sarees, Mysore Silk, Byadagi Chilli, and Coorg Coffee reflects both pros and cons of GI protection in India. Even though these products illustrate the advantage of GIs in global markets and cultural protection, they simultaneously highlight the enforcement challenges and unequal distribution of gains. This paper critically analyzes the Indian GI regime, focusing on its ability to balance the preservation of heritage with economic development. It concludes that only through necessary steps like awareness initiatives, coupled with vigorous support, and wide-range of consistent & effective enforcement mechanisms, an individual can realize the full potential of GIs in a globalized market.
Keywords: Geographical Indications (GIs), Cultural heritage, Globalization, TRIPS Agreement, Economic Development
