Cite this article:
Das, Deshmukh and Joseph (1996). Protection Of Geographical Indications: A Necessity. Journal of Ravishankar University (Part-A: Science), 9(1), pp. 16-19.
Protection Of Geographical Indications: A Necessity
R.P. Das, G. K. Deshmukh and Sanskrity Joseph
Institute of Management,
Pt. R. S.. University, Raipur.
Abstract: The whole world in its present
form is driven by the innovation, which no doubt has changed a Gramophone Record to an I-Pod, an abacus to a computer,
a penny mail to E-Mail, TV Antenna to Dish TV, Bank to an ATM machine, bullock
carts to BMW's and so on. All these innovations are the creation
of human mind constituting the intellectual property. TRIPS agreement
considers copyright, undisputed information, trademarks, industrial design,
integrated circuits, patents
and geographical indication as intellectual properties. A Geographical Indication (GI) of origin
is essentially a place
name that identifies the geographic source of a good and signifies a distinctive quality, reputation, or other characteristic of the good that is essentially attributable to that geographic source. Names such as 'Darjeeling', 'Basmati', 'Champagne', etc are examples of some such well known
Gls that are associated throughout the world with products of a certain nature and quality.
India has many products and services both natural and manmade which have been produced for many years and these products
are known for their characteristics and are associated with specific geographical location. Geographical indications stand
on an equal footing with other
intellectual property rights such as trademarks or copyright but level of protection is insufficient. The goodwill and reputation associated with such renowned geographical names was enjoyed
by foreign companies and traders for years. Controversy related with basmati
rice was the one of the
glaring example of wrongful exploitation of a renowned GI from India. Every country, whether developed, developing or in transition, has products which are
the fruits of its culture and know-how, and its unique blend of soil,
water or climate,
and which, therefore, deserve
effective protection. This
can only be done effectively by granting them additional protection against erosion of their geographical indications and by creating awareness among the public.
Full version of this manuscript is available in PDF.