THIS ARTICLE WAS WRITTEN BY DIVYANSHI,MAGADH UNIVERSITY, LLB HONS,DURING HER INTERNSHIP AT LEDROIT INDIA

KEYWORDS – Geographical Indications (GI), Intellectual Property Rights (IPR), Local and regional products, Cultural heritage, Traditional knowledge, economic development

INTRODUCTION

Geographical Indications are crucial for safeguarding the authenticity and heritage of local and regional products. In Intellectual Property Rights, GIs ensure that products associated with specific regions maintain their unique qualities, reputation, and cultural significance. But their role goes beyond just protecting products. GIs also play a vital role in safeguarding traditional knowledge and the communities involved in their production. By linking products to their geographical origin, GIs promote economic development and protect the social fabric of these communities. Geographical Indications are essential for preserving the authenticity and heritage of local and regional products. ¹They are a critical part of Intellectual Property Rights, ensuring that products linked to specific regions maintain their unique qualities, reputation, and cultural significance.²

¹ Understanding Geographical Indications Explained: A Legal Perspective, The Insurance Universe (June 16, 2024), https://lawslearned.com/geographical-indications-explained/.

² Pankaj Gupta, Geographical Indication Tags: Preserving Authenticity And Celebrating Origins –, Https://Theinvisiblenarad.Com (Oct. 17, 2023), https://theinvisiblenarad.com/geographical-indication-tags/.

Geographical Indications are a particular form of intellectual property that distinguishes goods produced in specific regions based on their unique qualities attributable to their place of origin. These protections have a crucial role in preventing misrepresentation of products, ensuring that only those made within the specified area can be marketed under that name. Protecting regional products through GIs is essential, as it not only safeguards local livelihoods and fosters sustainable economic growth but also plays a significant role in preventing market dilution. For example, in 2024, a landmark case in India recognised “Banarasi Sarees” as a GI product, shielding the traditional weaving practices of Varanasi from imitation and preserving its cultural identity. Such cases underscore the increasing relevance of GIs in today’s globalised markets.

What are Geographical Indications Definition and Significance

Geographical Indications (GIs) are a vital form of Intellectual Property Rights (IPR) that link a product to its geographic origin, emphasising the unique qualities, reputation, or characteristics inherently associated with that location. These unique attributes arise from the region’s specific climatic conditions, production techniques, or traditional knowledge passed down through generations. By conferring legal protection to these region-specific products, GIs ensure that the quality and authenticity of local products are preserved, which is essential for protecting communities’ cultural heritage and livelihoods.

For instance, Bihar has several products under GI protection, such as the famous Madhubani paintings. This traditional art form comes from the Mithila region of Bihar,³⁴ This ancient art style is well-known for its elaborate designs and natural dyes and is strongly associated with the culture of the Mithila region of Bihar. Similarly, the renowned Muga silk from Assam, made from the native silkworms in the area, has been granted the distinguished GI certification. The silk is irreplaceable and in great demand in international markets because of its natural golden sheen and durability, which are exclusive to the area. The legal structure guarantees the market value of these products and helps prevent their theft by providing GI protection.

India’s GI Product Examples

Many different items from India have been granted GI classification because of their distinctive ties to particular regions. Among the well-known instances are:

Grown in the northern plains of India, basmati rice is prized for its delicate flavour, large grains, and unique aroma. The Geographical Indication protection protects the financial interests of farmers in these areas by limiting the amount of rice that may be marketed as “Basmati. “

Kancheepuram Silk: This exquisite saree is not just a fabric but a symbol of India’s rich cultural heritage. Known for its rich texture, resilience, and elaborate designs, it comes from Kancheepuram in Tamil Nadu. The protection afforded by GI classification ensures that the generations-old traditional weaving techniques are preserved, and only sarees created in Kancheepuram carry this prestigious label. ⁵

Legal Framework for GIs GI Registration Procedure

³ Madhubani (Mithila) Painting, History, Designs & Artists https://www.culturalindia.net/indian-art/paintings/madhubani.html.

⁴ Geographical indications, USPTO https://www.uspto.gov/ip-policy/trademark-policy/geographical-indications

⁵ https://skrmindia.com/blog/basmati-rice-varieties-characteristics/

The Geographical Indications of Goods (Registration and Protection) Act of 1999 governs India’s legal framework for geographic indications. The Act offers a comprehensive procedure for GI product registration, ensuring that regional and local products receive the protection they deserve.

Any association of people, producers, or any entity representing the interests of the producers may apply to start the GI registration procedure in India. The application must provide comprehensive details about the product, including its geographical origins, unique qualities, and conventional manufacturing processes. After submission, the application undergoes a thorough review procedure to ensure the product satisfies the requirements for GI status. If authorised, the item is granted GI protection, valid for ten years and can be renewed indefinitely.

In addition to providing legal protection against unlawful use, the registration allows producers to stop third parties from using the GI for identical items that don’t come from the specified area. This legislative framework has proven helpful for guaranteeing fair competition, limiting market dilution, and protecting the quality of regional goods.

IPR’s Function in GI Product Protection

Intellectual Property Rights (IPR) greatly enhance geographic indications. These rights guarantee that only legitimately local items may bear the name of the location they originate from. This safeguard stops producers outside the area from abusing the product’s name to profit from its reputation. In doing so, IPR safeguards the economic interests of local producers and promotes sustainable development.

like IPR protection for Basmati rice has prevented overseas manufacturers from distributing comparable rice under the “Basmati” label. Likewise, the GI protection accorded to Darjeeling tea has stopped imitation versions from being marketed as Darjeeling tea, preserving the product’s high price and reputation. This legal protection also motivates manufacturers to invest in quality and innovation, knowing their products would be safeguarded from unfair competition.

Moreover, IPR plays a significant role in enhancing the global recognition of GI goods. Establishing an internationally recognised legal framework ensures that Indian products with GI classification can be confidently offered overseas, improving international competitiveness.

3. Case Laws and Illustrations

Landmark Decision on Darjeeling Tea.

One of India’s most prominent instances of GI protection is Darjeeling Tea, the country’s first commodity to get GI classification. The critical decision in Tea Board of India v. ITC Limited (2011) established a precedent for protecting GI goods under Indian law. In this lawsuit, the Tea Board of India tried to prohibit ITC Limited from using the Darjeeling emblem and name without permission, alleging that such usage would degrade Darjeeling tea’s reputation and worth.

The court favoured the Tea Board, emphasising the significance of safeguarding GI goods against deception. This ruling not only strengthened legal protections granted to GI products but also highlighted the economic and cultural importance of preserving the authenticity of local products. The case became a benchmark for future GI disputes and underscored the need to enforce IPR laws to safeguard regional products strictly.

The success of the Darjeeling Tea case has prompted other areas in India to seek GI protection for their goods. As a result, India has experienced a massive growth in the number of GI-registered items, ranging from agriculture to handicrafts and textiles.

RECENT DEVELOPMENTS

Banarasi Sarees and the 2024 IPR Amendment

The Intellectual Property Rights (IPR) Amendment 2024 improved the legality of protecting Geographical Indications, emphasising items with significant cultural and economic value. The identification of Banarasi Sarees as a GI product under this new framework was an important result. The handwoven sarees of Varanasi have long been susceptible to imitation, with machine-made items from other locations sold under the same label. The 2024 IPR legislation now requires severe penalties for such infringements. It contains measures for digital tracking of GI items, allowing manufacturers to trace the global usage of the Banarasi Sarees mark. The regulation also gives local weavers a precise legal mechanism to dispute any infringements in foreign markets, ensuring global protection.

This case highlights the enhanced enforcement mechanisms introduced in the 2024 IPR amendments, designed to safeguard GI products from misrepresentation and unfair competition domestically and internationally.

Basmati Rice: A Landmark GI Case

The 2024 IPR Amendment strengthened Basmati Rice’s legal protection under GI legislation. In the India vs. Pakistan Basmati Dispute, India tried to safeguard its exclusive rights to the term “Basmati” in the European Union since both India and Pakistan claimed ownership of the product owing to similar agricultural heritage. The 2024 amendment strengthened India’s position by simplifying the GI registration procedure and mandating more extensive documentation of traditional knowledge and farming practices.

The rule also allowed India to defend its claims more successfully, underlining the need to protect indigenous farming communities whose livelihoods rely on the higher value of GI-protected products. The legal precedent established in this case guarantees that only Basmati.

Kolhapuri Chappals: Protecting Craftsmanship

The Kolhapuri Chappals, a well-known handcrafted leather footwear product from Maharashtra and Karnataka, were granted GI status a few years ago. Still, the 2024 IPR amendment gave more robust protection against the flood of cheap, machine-made imitations that harmed the product’s market. The “GI Product Certification Mark” was created as part of the new laws, requiring every Kolhapuri Chappal sold to have a unique certification code proving authenticity and provenance. This program, part of the 2024 law, has allowed local artisans to promote their work in worldwide markets without fear of counterfeiting.

This certification symbol also assures clients that they are purchasing authentic Kolhapuri Chappals, bolstering local crafts people’s economic fortunes and ensuring that traditional knowledge and skills used in crafting these shoes are preserved to inferior imitations.

Mysore Sandalwood Oil: Protecting Natural Resources

Mysore Sandalwood Oil, famed for its rich smell and therapeutic benefits, has been designated as a GI product; nevertheless, the 2024 IPR legislation has additional safeguards, particularly with the sustainable use of natural resources. The oil, obtained from indigenous sandalwood trees in Karnataka, was under growing threat from illicit harvesting and counterfeit items that diluted it with synthetic additions.

The 2024 modifications included additional sustainability rules that required manufacturers to follow stringent sourcing methods to guarantee that sandalwood trees were harvested sustainably. These new laws, implemented by local governments, require GI applicants to demonstrate their ecologically friendly manufacturing processes before receiving GI classification. This has enabled authentic Mysore Sandalwood

Oil manufacturers to safeguard their product’s reputation while ensuring the sustainability of the resources they depend on.

These instances show how the 2024 IPR modifications have improved India’s safeguards for Geographically Induced items (GI). They guarantee that Indigenous and regional items are protected from counterfeit competition and deception and acknowledged for their distinctive features. The law’s focus on sustainability, extraterritorial enforcement, and digital monitoring helps to guarantee the preservation of India’s rich cultural legacy and the distribution of GI product profits to the producing communities.

A digital platform created to expedite the registration and enforcement procedure significantly improved Geographical Indications protection announced by the Indian government in 2024. Producers may effectively register their GI products using this online system, which also keeps track of incidents of violation in both local and foreign markets. The platform ensures Real-time surveillance, allowing for prompt legal action against illicit GI labels. This effort aims to preserve GI goods promptly, preserve their authenticity and market value, and provide accessibility and transparency for all parties involved in protecting local and regional products.

In summary

Geographical Indications (GIs) are essential for ensuring local and regional products’ authenticity and cultural legacy. In a worldwide market where counterfeiting and misrepresentation are common, GIs ensure that items associated with specific areas retain their integrity. This protects traditional knowledge and methods and encourages long-term economic growth for the communities that produce these items. The GI label links a product’s reputation and quality to its geographical origin, giving producers a competitive edge in domestic and international markets.

Notable examples are Basmati Rice, Darjeeling Tea, and Banarasi Sarees, which demonstrate the importance of GIs in preserving India’s rich cultural history and distinctive goods. For instance, Basmati rice, renowned for its unique aroma and large grains, has been identified as part of the Indian subcontinent, and GI classification protects its identity. Darjeeling Tea, known for its distinct flavour, achieved global notoriety due to its GI protection, which has helped prevent market dilution from imitation goods. Similarly, the new GI certification for Banarasi Sarees supports preserving Varanasi’s unique weaving skills, shielding artisans against counterfeit items that endanger their livelihoods.

The Geographical Indications of Goods (Registration and Protection) Act of 1999 is the foundation of India’s GI legal system. This legislation, coupled with revisions such as those made in 2024, establishes the legal framework required to combat the abuse and counterfeiting of GI goods. Intellectual Property Rights (IPR) further safeguard producers, providing them with legal instruments to ensure authenticity.