Geographical Indications As A Tool For Local Product Protection
- IJLLR Journal
- Dec 22, 2025
- 2 min read
Pooja Raj, Research Scholar, Department of Law, Gurugram University
ABSTRACT
Geographical indications constitute a specialised intellectual property mechanism designed to protect products inherently linked to specific geographical territories, preserving traditional knowledge, cultural heritage, and enabling rural economic development through market-driven premium pricing mechanisms. This paper undertakes a comprehensive examination of geographical indications as a tool for local product protection, integrating an introduction, an evolutionary trajectory, legislative architecture, judicial interpretation, and an international comparative analysis. The research traces the genesis of geographical indication protection from European regulatory initiatives, particularly concerning wines and spirits, through the Trade-Related Aspects of Intellectual Property Rights Agreement, which mandated harmonised international standards, culminating in India's enactment of the Geographical Indications of Goods (Registration and Protection) Act, 1999, establishing a sui generis legal framework responsive to national development imperatives. The legislative analysis identifies foundational objectives encompassing cultural heritage preservation, prevention of fraudulent misrepresentation, and facilitation of foreign exchange earnings through enhanced product marketability and premium valorisation. Judicial responses demonstrate limited appellate engagement, with the SC and HC addressing jurisdictional ambiguities regarding multi-territorial registrations, particularly exemplified by the Basmati rice boundary disputes and statutory interpretation challenges under Section 8 of the domestic legal framework. An international comparative examination juxtaposes India’s protective mechanisms against EU regulatory sophistication, Mexican Denominación de Origen governance structures, Greek Feta cheese jurisprudence, and Pakistan’s competing claims regarding Basmati origins, revealing divergent approaches to collective reputation institutionalisation and enforcement infrastructure. The paper concludes that whilst geographical indications demonstrate substantial potential for generating sustainable economic returns and protecting origin-linked products from counterfeit proliferation, effective realisation requires comprehensive post-registration institutional support, quality control mechanisms, international coordinated enforcement and adequate resource allocation to overcome persistent implementation deficiencies.
Keywords: geographical indications, TRIPS, product, protection
