Safeguarding Wine And Spirits Heritage: A Comparative Study Of GI Protection In India, Thailand And France

Sumathi S, Sastra Deemed University, Thanjavur, Tamilnadu

Suyambulingam S, Sastra Deemed University, Thanjavur, Tamilnadu

ABSTRACT

Geographical Indications (GI) is a sign which confers protection to the products which originates from a specific geographical location ensuring its quality and authenticity. It aims to protect cultural heritage of a product which means traditional and unique processes adopted in the manufacturing of such products. The protection of geographical indications (GIs) products of wine and spirits industry in India, particularly under the Geographical Indications of Goods (Registration and Protection) Act, 1999, faces several legal challenges. One significant issue is the inadequacy of enforcement mechanisms, leading to widespread misuse and counterfeiting of GI products. Many producers lack awareness of their rights under the GI Act, which hampers effective protection and enforcement. The primary objective of this research is to examine the challenges faced by Indian wines and spirits in securing international recognition and protection under the existing Geographical Indications (GI) framework. This includes assessing the reasons behind the low number of GI-protected wines in India and identifying the barriers that hinder broader global protection and market access for Indian wine GIs. By examining India's GI protections in comparison to those of prominent wine and spirits-producing nations, such as France and Thailand this study evaluates the effectiveness of India’s regulatory approach. The legal landscape necessitates urgent reforms to improve awareness, streamline the registration process, and strengthen enforcement mechanisms, ensuring that India can effectively safeguard its unique geographical indications in the global market. By addressing these legal issues, India can better safeguard its diverse geographical indications, promoting both cultural heritage and economic growth.

Keywords: Geographical Indications, Wine and Spirits, Counterfeit, International Recognition, Convention countries, Reciprocity agreements.