Protecting Origins: Infringement and Remedial Measures in India’s Geographical Indications

Rachana Wadhera; Dr. Raina Midha

doi:10.53724/ambition/v8n4.09

Authors

Rachana Wadhera LLM Student, School of Law, Lovely Professional University, Punjab (India) https://orcid.org/0009-0008-0275-9631
Dr. Raina Midha Assistant Professor, School of Law, Lovely Professional University, Punjab (India). https://orcid.org/0009-0005-2671-6060

DOI:

https://doi.org/10.53724/ambition/v8n4.09

Keywords:

Geographical Indications, Darjeeling GI, Basmati Rice GI, Bikaneri GI, Tirupati Laddu GI, Kancheepuram Saree GI, Alphonso Mango GI, Chanpagne GI, Feni GI, Pochampally Ikat, Kohlapuri Chappal, Phulkari GI, Parallel Imports

Abstract

This study examines the legal environment, obstacles, and corrective actions related to Geographical Indications (GIs) protection in India. GIs are crucial for maintaining the provenance and image of goods, supporting consumer confidence, economic growth, and cultural legacy preservation. The study identifies difficulties in identifying, substantiating, and prosecuting GI infringement cases including problems with evidence, jurisdiction, and enforcement capability, and discusses various corrective actions used to stop GI infringement and discourage similar acts in the future, including as injunctions, damages, and criminal prosecution. The study offers insights into the efficacy of these corrective actions in preserving the integrity and reputation of goods connected to specific geographic origins by drawing on case studies and court rulings. In order to support sustainable growth and the preservation of geographical indications in India, the paper concludes with policy proposals for bolstering GI protection and improving enforcement.

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References

Geographical Indications of Goods (Registration and Protection) Act, 1999

Intellectual Property India website (ipindia.nic.in) - Provides official resources, databases, and updates related to geographical indications.

World Trade Organization (WTO) resources on TRIPS Agreement and geographical indications - Explore how international agreements influence GI protection in India.

“Indian Geographical Indications: Perspectives on Intellectual Property Rights and Geographical Indications” by Amarjit Singh

“Geographical Indications and Rural Development: A Case Study of Feni in Goa” by Amit Kapoor and Rahul Guha (Journal of Rural Development, Vol. 36, 2017) - Offers a case study perspective on the socio-economic impact of GI protection.

“Protecting Geographical Indications in India: Challenges and Opportunities” by Prabudha Nagar (International Journal of Law and Management, Vol. 57, 2015) - Explores the challenges and potential solutions for GI protection in India.

“Geographical Indications in India: Theory and Practice” by Raman Mittal - This book provides comprehensive coverage of the legal framework and practical aspects of Geographical Indications in India, including analysis of relevant case law and judicial interpretations.

“Law Relating to Geographical Indications in India” by N. Chidambaram - This book specifically addresses the legal aspects of Geographical Indications in India, including relevant case law, legislative provisions, and judicial interpretations, making it a valuable resource for understanding GI protection in India.

“Geographical Indications in India: Legal Framework and Challenges” by Pankhuri Agarwal and Sankalp Jain (2019), Journal of Intellectual Property Rights, 24(3): 150-158 - This article analyses the legal framework and challenges surrounding Geographical Indications in India, with references to relevant case law and court decisions.

“Legal Protection of Geographical Indications: Case Studies from India” by A. Sudhir, K. Sivakumar, and S. Aravazhi (2017), International Journal of Economic Research, 14(3): 329-342 - This article provides case studies on the legal protection of Geographical Indications in India, discussing the role of case law and judicial decisions in shaping GI protection mechanisms.

“Enforcement of Geographical Indications: Legal Framework and Challenges” by Sneha Lakhotia and Swati Agrawal (2020), Journal of Intellectual Property Rights, 25(3): 148-158 - This article explores the legal framework for the enforcement of Geographical Indications, highlighting challenges in enforcement mechanisms and discussing potential remedies for infringement.

“Geographical Indications: The Legal Challenge” by Shiv Raj Singh Yadav (2019), Indian Journal of Intellectual Property Law, 6(2): 81-95 - This article discusses the legal challenges associated with Geographical Indications and explores potential remedial measures to address infringement issues.

“Review of Geographical Indications (GI) Protection in India: Identifying Gaps and Opportunities” by World Intellectual Property Organization (WIPO) and Confederation of Indian Industry (CII).

“Geographical Indications: Challenges and Opportunities for Intellectual Property Rights” by Subhajit Basu.

Endnotes:

Basmati Rice Patent Dispute of 1997

Devgad Taluka Amba Utpadak Sahakari Sanstha Maryadit Vs. The Controller of Patents & Designs & Others (2015)

Comité Inter-professionnel Du Vin De Champagne Vs. M/s. Chinar Agro Fruit Products (2011)