Geographical Indications As Instruments Of Intellectual Property And Sustainable Development: A Critical Analysis Of Legal Framework, Socio-Economic Impact And Policy Challenges
- IJLLR Journal
- May 20
- 1 min read
Shivam Singla & Dr. Poonam Lamba
ABSTRACT
GI is increasingly becoming a unique class of intellectual property right which connects product with its geographical origin as well as unique properties inherent due to origin. In this regard this paper discusses theory and legal evolution of GIs as well as their socio economic importance with specific emphasis on aspect of rural development, conservation of cultural tradition and market distinction.
This paper will consider international legal perspective through TRIPS agreement and Lisbon system, along with an analysis of sui generis system in India through Geographical Indications of Goods (Registration and Protection) Act, 1999. Moreover this paper would analyze procedure of registration, legal protection of GIs and their impact via case studies such as Darjeeling Tea case and Basmati rice dispute.
This work critically analyzes socioeconomic implications of GIs by looking at their ability to improve producer welfare, lessen information asymmetries and create niches in markets. Nevertheless, this paper acknowledges that there are considerable obstacles associated with GI systems, including institutional constraints, inequitable sharing of benefits, threats of misappropriation and continued conflicts in international trade.
Accordingly this research suggests that GIs have considerable potential in terms of promoting sustainable development and cultural heritage conservation. At same time paper stresses importance of effective policies that could improve efficiency of GI regimes and enhance stakeholder benefits.
Keywords: Geographical Indications; Intellectual Property Rights; TRIPS Agreement; Rural Development; Traditional Knowledge; Market Differentiation; GI Act 1999; Sustainable Development; Agrobiodiversity; Unfair Competition
