Prevention Of Misuse, Adulteration And Inauthenticity Of GI Tagged Products And Its Enforcement Mechanism Under GI Act, 1999
- IJLLR Journal
- Apr 30
- 1 min read
Anushka Srivastava, LLB, Amity University, Lucknow Campus.
Dr. Kunvar Dushyant Singh, Assistant Professor, Amity University, Lucknow Campus.
ABSTRACT
The Geographical Indication of Goods (Registration and Protection) Act, 1999 was formed by the Parliament of India after giving ratification to the TRIPS agreement under the WTO. This legislation provides the framework for duly recognizing such products which are localized in their origin and owe their uniqueness to some geographical, historical or cultural phenomenon. However, since this recognition is granted on a community and not on an individual, its enforcement mechanism is generally weaker when compared to other types of intellectual property rights.
The GI tagged products are recognized due to their distinct characteristic features. However, it does not form part of a trade secret, process patent or design patent, and so making of such products is not protected as such. Any person can make them and market them. This poses an essential question as to the scope of GI based brands and their quality control aspects.
This paper entails examination of the concept of GIs and goes on to explore the importance of GIs in the Indian context, with a focus on how producers, consumers and rural communities stand to benefit from GI protection. The paper then discusses the various problems that plague the Indian GI framework. While analysing the post-registration issues that arise with Indian GIs, the authors discuss solutions that could help overcome the obstacles in the path of successful GI implementation in India.
Keywords: Geographical Indication, India, TRIPS, authorized user, infringement
