The Roadblock To Recognition: Examining The Accessibility And Effectiveness Of India's GI Registration Regime
- IJLLR Journal
- Mar 20
- 1 min read
Agnika Elango Rana, B.Com., LL.B. (Hons.), Presidency University
ABSTRACT
Geographical Indications (GIs) have emerged as one of the crucial Intellectual Property Rights and attracted the concerns of the various developing as well as developed nations. The legal protection for Geographical Indicators, has a rich history dating back to the late 19th century, with significant milestones including the Lisbon Agreement (1958). However, the current mandatory, comprehensive, and global framework for GI protection was established only through the TRIPS Agreement of the WTO in 1994. This global commitment led directly to the enactment of the Geographical Indications of Goods (Registration & Protection) Act, 1999, and the subsequent GI Rules. The paper aims to highlight the major issues crippling the existing Indian GI system and the possible ways to bridge the gap between the legal framework and its practical application so that there is strong protection for GI in India. In order to achieve this aim, the paper analyses the GI legislations of countries having strict GI protections and gives recommendations as to how these legislations can be incorporated in India’s GI legislation the so that India’s GI revolutions shall be bound to have significant reflections in the overall growth of the economy, cultures, industries, tourism and so many other areas as well.
Keywords: TRIPS Agreement, GI Act 1999, GI Rules 2002, registration procedure, effectiveness, accessibility.
