India's GIs: Legal Frameworks, Familiarity Trust, And Implementation Realities
- IJLLR Journal
- May 9
- 1 min read
Ramsha Saifi, LL.M., IILM University, Greater Noida
Ms. (Dr.) Sushma Singh, Professor, School of Law, IILM University
ABSTRACT
Geographical Indications (GIs) represent one of the most culturally and economically significant, yet operationally underutilized, forms of intellectual property in the Indian legal system. This paper examines the concept, legal framework, and significance of GIs in India, and undertakes a critical analysis of the gap between the formal protection offered by the Geographical Indications of Goods (Registration and Protection) Act, 1999 and the practical realities of its implementation and enforcement. The paper situates Indian GI law within the broader international regime tracing the evolution of GI protection from the Paris Convention, 1883 through the TRIPS Agreement, 1995 and assesses the economic and cultural significance of GIs through three case studies: Darjeeling Tea, Basmati rice, and the Pashmina shawl. This paper further examines how familiarity trust, rooted in contractualist principles sustains consumer loyalty amid globalization challenges. The central argument is that India's GI framework suffers from structural implementation deficits including low producer awareness, the exclusion of individual producers from infringement proceedings under Section 22, the absence of a dedicated enforcement authority, and inadequate digital marketplace regulation that prevent the regime from delivering on its developmental promise. The paper concludes with legislative, institutional, and policy recommendations to address these deficits.
Keywords: Geographical Indications, GI Act 1999, Contractualism, Consumer Trust, Origin Familiarity, Enforcement, Traditional Knowledge, Rural Development
