The Legal Framework Of Culinary Tourism With Reference To Intellectual Property In India – Issues And Challenges
- IJLLR Journal
- Mar 6
- 2 min read
Sailesh Kumar N, School of Law, Christ University, Bangalore
ABSTRACT
India’s diverse culinary heritage forms a crucial aspect of its cultural tourism, where intellectual property (IP) laws, particularly Geographical Indications (GIs), trademarks, and copyright, play a vital role in protecting and promoting traditional food products. This study explores the complexities of the legal framework governing culinary tourism, focusing on the challenges in ensuring authenticity and safeguarding economic interests. Geographical indication appears as a significant mechanism for preserving regional uniqueness and originality of traditional food items, offering legal recognition that enhances their market value. Examples such as Darjeeling Tea, Tirupati Laddu, Dharwad Pedha, and the Rasagolla dispute emphasize the potential of GIs in boosting local economies and protecting cultural heritage. However, issues like imitation, misrepresentation, and limited consumer awareness threaten the integrity and economic potential of GI- protected products. The lack of stringent enforcement and inadequate education among producers and consumers further aggravates these challenges, undermining the goals of culinary tourism. The study highlights the economic and cultural consequences of these issues, noting how inadequate protection of traditional culinary products can result in loss of revenue for local communities and dilution of India’s rich culinary heritage. Additionally, the Rasagolla dispute between West Bengal and Odisha exemplifies the complexities of establishing ownership rights over food products that are deeply rooted in regional identity and tradition. To address these challenges, the study recommends strengthening enforcement mechanisms, improving consumer education on GI significance, and fostering collaboration between producers. Policymakers must implement strategic measures to promote India’s culinary traditions globally while safeguarding them from exploitation. By addressing these issues effectively, the legal framework can support the growth of culinary tourism, preserve India’s culinary legacy, and contribute to sustainable economic development. This comprehensive approach underscores the urgent need for robust legal solutions to ensure the promotion and protection of India’s culinary tourism sector in the global market.
Keywords: Cultural Heritage Preservation, Culinary Tourism, Geographical Indications (GIs), Intellectual Property Laws, Traditional Food Products.
