Protection Of Geographical Indication In India: A Case Study On Banasari Saree
- IJLLR Journal
- May 11
- 2 min read
Ojal Pandey, Gautam Buddha University
Yamini Mishra, Gautam Buddha University
ABSTRACT
TRIPS had granted of given goods to retain the essence of the land by granting or allowing a geographical indication to goods, which are having specialty from their places of origin. Geographical indication is said when product is having characteristics showing or reflecting its place of origin in terms of its quality, especial things which signifies reputation. Due to interchangeable use of geographical name with good like “Banarasi Saree” loses their identity. Intellectual Property Right helps to increase the selling point as well as the characteristics differentiates or makes special in the vast variety of goods. It provides the safeguard to consumers and producers for assurance of quality and making the good worthy respectively.
Introduction
The sign uses on the product or good which are having specific origin or place of origin and carrying qualities or reputation that are only because of place of the origin of the product. All the qualities of the goods and reputation are all depended upon the place of origin of the product, considering the qualities it shows the clear link between the product and place. World Intellectual Property Organization has described the above definition. It is not compulsory that there must be a link between the place or goods as considering the Basmati rice it shows the origin from 2 different countries, which are Pakistan and India.
There are various geographical indications for the international liquor like Champagne, Havana, Tequila, and Scotch whisky, and because of their unquestionable essence it has gained the reputation. Research by OECD, pointed 2 main elements that influences the success of rural or small enterprises:
Socially constructed differentiation
Market access
