India’s GI Act requires refinement to enhance protection for geographical indications, ensuring clarity and effectiveness.
Author
Navreet Kaur Rana, Jindal India Institute, O.P. Jindal Global University, Sonipat, Haryana, India
Summary
The paper assesses the applications filed for Geographical Indication (GI henceforth) tag in India in the classes 29 to 34 which for the purpose of this paper are referred to as ‘food-related applications’. It explores The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act henceforth) of the Indian Constitution synchronically as it stands now and suggests widening the scope of several terms like ‘reputation’ and ‘geographical’ which are decisive in granting GI status to a product. The author carefully maneuvers an unexplored territory of legal theories supporting Intellectual Property Rights and propounding that the theories support the rights of individuals and that ‘intellect’ is purely a human and not a geographical virtue. Thus, the right to Geographical Indication needs a new perspective with an intent that maximum products receive due protection with a streamlined and smooth process. The author also suggests adopting the nuances of the process of obtaining the GI from the European Commission in a culturally-sensitive manner. Towards the end, the author has briefly touched upon the role cultural and food anthropologists can play in bridging the gap between legal processes and its beneficiaries and has also talked about the potential topics for further research.
Published in: Journal of Intellectual Property Rights
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