Legal Frameworks For Geographical Indications In India

Tanya Gupta, LLM (IPR), HNLU

ABSTRACT

This research paper delves into the intricate landscape of legal frameworks governing Geographical Indications (GIs). GIs are vital intellectual property tools that protect products originating from specific regions, ensuring their quality, distinctiveness, and cultural significance. The paper systematically analyses the multifaceted legal structures that underpin GIs at both international and national levels. At the international level, the paper examines the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) within the World Trade Organization (WTO), which provides a foundational framework for GIs’ protection. The paper scrutinizes the debates and developments surrounding TRIPS negotiations, highlighting its impact on GIs’ safeguarding and enforcement. Furthermore, the research evaluates the role of international organizations, such as the World Intellectual Property Organization (WIPO) and the European Union, in shaping and influencing GI legal standards. On the national front, the paper conducts a comparative analysis of various countries’ legal approaches to GIs. It explores the challenges and successes faced by nations in implementing effective GI protection systems, drawing insights from case studies across different cultural and economic contexts. The research investigates the legal mechanisms used to identify, register, and enforce GIs, showcasing the interplay between intellectual property rights, traditional knowledge, and local economies. In conclusion, this research paper provides a comprehensive overview of the legal frameworks that govern GIs. By dissecting both international and national dimensions, it offers a holistic understanding of the complexities surrounding GIs’ legal protection. The findings contribute to the ongoing discourse on GIs’ role in preserving cultural heritage, fostering rural development, and facilitating international trade.

Keywords: Geographical Indications, TRIPS, Appellation of Origin, Indication of Source, Traditional Knowledge.