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Geographical indications in India: Issues and challenges—An overview
Author(s) -
Vinayan Soumya
Publication year - 2017
Publication title -
the journal of world intellectual property
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.334
H-Index - 8
eISSN - 1747-1796
pISSN - 1422-2213
DOI - 10.1111/jwip.12076
Subject(s) - intellectual property , geographical indication , context (archaeology) , reputation , quality (philosophy) , business , political science , law and economics , international trade , law , geography , regional science , economics , philosophy , archaeology , epistemology
Intellectual Property Regime in India has been a much‐debated topic ever since India became a signatory to the World Trade Organization in 1995. This has led to both the enactment of new laws such as the Geographical Indications Act of 1999 (GI Act) and Plant Varieties Protection Act 2001 as well as the amendment of old laws relating to intellectual property in India, such as amendments to Patents Act 1970. Geographical Indications (GIs) are used to identify goods as originating from a particular region as a signifier of quality. Thus, the geography, quality, and reputation of the good are inextricably interlinked. This enables the producer to convey the credentials of their products to the consumers in the context of information asymmetry. This paper throws light on the legal framework for the protection of origin labeled products in India as Geographical Indications and highlights the policy challenges and debates in the use and registration of GIs under the Geographical Indications of Goods (Registration and Protection) Act 1999 .