Geographical Indication Protection In India

Author : Niharika Sahoo Bhattacharya
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2022
Category : Electronic
ISBN : 9811942978

Get Book

Geographical Indication Protection in India by Niharika Sahoo Bhattacharya Pdf

This book is a unique compilation of comprehensive works covering the potentials, challenges, and realities of geographical indications from an Indian perspective. The book encompasses critical studies on legal, regulatory, and institutional frameworks and debates surrounding geographical indications. The concept of geographical indication has not received paramount importance in India compared to the other forms of intellectual property rights like patents and trademarks, while GI is becoming critical in national and international discourses. It aims at presenting both national and international situations and discussions, which will appeal to readers worldwide. This book in its first part elaborately deals with the genesis of the GI Act, and then it goes on to analyze both substantive as well as procedural aspects of the registration under the Indian GI Act and tries to identify the discrepancy and gaps in the laws. Also, a comparative perspective has been built by analyzing the GI laws and regulations of some developed countries with that of India. The challenges in existing regulation for quality control and enforcement of GI products in the Indian GI Act have been dealt comprehensively by the authors which are critical in achieving the stated objectives of the Act. The book also focuses on the role of geographical indication in the socio-economic development of rural India. The authors have illustrated how the GI can act as an effective mechanism for employment generation and sustainable growth opportunities in different sectors like agriculture, food, and handicraft. The interaction of GI with traditional knowledge and biodiversity and their impact on society is also extensively covered. The book contains real-life case studies by the authors from different states of India highlighting the success stories and missed opportunities of different GIs and the way forward where the GI can function as an effective tool for the overall development of a country and promote international trade. The book will provide law students, scholars from legal and IP disciplines, legal practitioners, producers, and policymakers a factual and multidimensional insight into the GI system in India. This will further promote research in this area, particularly from an Asian perspective and enhance the real-life application of GI to varied products.

Author : Delphine Marie-Vivien
Publisher : Sage Publications Pvt. Limited
Page : 320 pages
File Size : 44,8 Mb
Release : 2015-07-29
Category : Electronic
ISBN : 9353288568

Get Book

The Protection of Geographical Indications in India by Delphine Marie-Vivien Pdf

The How and the Why of protecting the unique identity of local products in the age of globalization. 'It is decreed that no wine merchant can mix two wines together. Disregarding this law can entail a loss of wine and a -fine', and with these words a certain king of France in 1351 gave birth to what we now know as geographical indications (GIs). From the aromatic Basmati rice to the rich taste of Darjeeling tea in India and from the sparkling white wine of Champagne to the blue cheese of Roquefort in France, all locale-specific products are protected by GIs. The book compares the case of India with that of France where GIs originated and investigates how India has successfully extended its GIs to handicrafts while France and Europe still remain con-fined to foodstuff. It is a significant study in light of the increased Trade-Related Aspects of Intellectual Property Rights and World Trade Organization regime. A must-have for producers, practitioners, lawyers, policy makers, researchers, academics and students of law.

Author : India
Publisher : Universal Law Publishing
Page : 128 pages
File Size : 43,7 Mb
Release : 2000
Category : Marks of origin
ISBN : 8210379456XXX

Get Book

The Geographical Indications of Goods (Registration and Protection) Act, 1999 by India Pdf

Author : Tapan Kumar Rout,Bidyadhar Majhi
Publisher : Unknown
Page : 0 pages
File Size : 53,7 Mb
Release : 2014
Category : Foreign trade regulation
ISBN : 8177083716

Get Book

WTO, TRIPS, and Geographical Indications (GIs) by Tapan Kumar Rout,Bidyadhar Majhi Pdf

Intellectual property rights (IPRs) refer to the legal ownership by a person or business of an invention/discovery attached to a particular product or process which protects the owner against unauthorized copying or imitation. The agreement establishing the World Trade Organization (WTO) contains, inter alia, an Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement, which came into effect on January 1, 1995, is the most comprehensive multilateral agreement on intellectual property rights. TRIPS provides for norms and standards with respect to the following areas of intellectual property: (a) copyright and related rights; (b) trademarks, including service marks; (c) geographical indications, including appellations of origin; (d) industrial designs; (e) patents, including the protection of new varieties of plants; (f) layout designs of integrated circuits; (g) undisclosed information, including trade secrets and test data; and (h) control of anti-competitive practices in contractual licenses. Geographical indications (GIs) are defined, for the purposes of the Agreement, as indications which identify a good originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. This book contains ten research papers which explore the socio-economic implications of intellectual property rights protection through geographical indications and which analyze the legal aspects associated with the registration of products in India. [Subject: India Studies, Intellectual Property Law, Economics, Trade, Business]

Author : Nidhi Buch,Hetvi Trivedi
Publisher : Taylor & Francis
Page : 240 pages
File Size : 55,7 Mb
Release : 2021-12-31
Category : Social Science
ISBN : 9781000522259

Get Book

Geographical Indications of Indian Handlooms by Nidhi Buch,Hetvi Trivedi Pdf

This book presents a comprehensive analysis of Geographical Indications (GI) in the Indian context with particular reference to the handloom sector. It discusses themes such as the rationale of GI as IP (intellectual property); the domestic position on GIs; GI protection under various international instruments; handlooms from Gujarat and their GI journey; the efficacy of GIs; and GI structure for handlooms. The volume fills the gap between law and policies and recommends the implementation of an efficient legal system. It highlights the status of Indian handlooms, a sector that represents the country’s cultural heritage and supports a range of livelihoods. We examine India’s GI protection system with its diverse cultures and explore how GI can help recognize, support and promote these products to bring socio-economic benefits. The work documents policy measures undertaken for the revival, restructuring and promotion of Indian handlooms and handicrafts, and will serve as an important intervention in Indian law on GI. An investigative study that evaluates the current law and policy on GI protection through detailed case studies and empirical research on select Indian handlooms, this book will be useful to scholars and researchers of geography, economics, development studies, sociology, law and public policy. It will also interest policymakers, legal practitioners, textile and handloom professionals, design and business administration institutes, media, arts and crafts museums and civil society organizations working on handlooms or in intellectual property.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 44 pages
File Size : 48,9 Mb
Release : 2021
Category : Law
ISBN : 9789280532838

Get Book

Geographical Indications : An Introduction, 2nd edition. by World Intellectual Property Organization Pdf

This publication provides an introduction to geographical indications, explaining their basic features, use and protection as an intellectual property right. Written for non-experts, it is a starting point for readers seeking to learn more about the topic.

Author : Niharika Sahoo Bhattacharya
Publisher : Springer Nature
Page : 255 pages
File Size : 54,5 Mb
Release : 2022-09-13
Category : Law
ISBN : 9789811942969

Get Book

Geographical Indication Protection in India by Niharika Sahoo Bhattacharya Pdf

This book is a unique compilation of comprehensive works covering the potentials, challenges, and realities of geographical indications from an Indian perspective. The book encompasses critical studies on legal, regulatory, and institutional frameworks and debates surrounding geographical indications. The concept of geographical indication has not received paramount importance in India compared to the other forms of intellectual property rights like patents and trademarks, while GI is becoming critical in national and international discourses. It aims at presenting both national and international situations and discussions, which will appeal to readers worldwide. This book in its first part elaborately deals with the genesis of the GI Act, and then it goes on to analyze both substantive as well as procedural aspects of the registration under the Indian GI Act and tries to identify the discrepancy and gaps in the laws. Also, a comparative perspective has been built by analyzing the GI laws and regulations of some developed countries with that of India. The challenges in existing regulation for quality control and enforcement of GI products in the Indian GI Act have been dealt comprehensively by the authors which are critical in achieving the stated objectives of the Act. The book also focuses on the role of geographical indication in the socio-economic development of rural India. The authors have illustrated how the GI can act as an effective mechanism for employment generation and sustainable growth opportunities in different sectors like agriculture, food, and handicraft. The interaction of GI with traditional knowledge and biodiversity and their impact on society is also extensively covered. The book contains real-life case studies by the authors from different states of India highlighting the success stories and missed opportunities of different GIs and the way forward where the GI can function as an effective tool for the overall development of a country and promote international trade. The book will provide law students, scholars from legal and IP disciplines, legal practitioners, producers, and policymakers a factual and multidimensional insight into the GI system in India. This will further promote research in this area, particularly from an Asian perspective and enhance the real-life application of GI to varied products.

Author : Kasturi Das
Publisher : Unknown
Page : 59 pages
File Size : 44,7 Mb
Release : 2007
Category : Marks of origin
ISBN : OCLC:603411473

Get Book

Protection of Geographical Indications by Kasturi Das Pdf

Author : Giovanni Belletti, G., Marescotti, A.
Publisher : Food & Agriculture Org.
Page : 179 pages
File Size : 49,8 Mb
Release : 2021-11-03
Category : Business & Economics
ISBN : 9789251348697

Get Book

Evaluating geographical indications by Giovanni Belletti, G., Marescotti, A. Pdf

Geographical indications represent a powerful way to foster sustainable food systems through territorial approaches and market linkages, especially for small-scale actors. In this perspective, and following the FAO publication methodologies of the origin-linked virtuous circle, local actors need to well define their geographical indication (GI) system and, more specifically, the product specifications as well as monitor and evaluate the impacts and readjust the system as necessary for the reproduction of local resources. These guidelines aim at providing a detailed and stepwise approach with specific tools to help practitioners in establishing their framework in relation with their objectives and local conditions, to help both the qualification though a prospective evaluation, and the reproduction of local resources though retrospective evaluation.

Author : Irene Calboli,Wee Loon Ng-Loy
Publisher : Cambridge University Press
Page : 0 pages
File Size : 44,8 Mb
Release : 2018-12-13
Category : Law
ISBN : 1316617408

Get Book

Geographical Indications at the Crossroads of Trade, Development, and Culture by Irene Calboli,Wee Loon Ng-Loy Pdf

Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though countries in this region have actively discussed the topic and in several instances have promoted GIs as a mechanism to foster local development and safeguard local culture. This book, edited by renowned intellectual property scholars, fills the void in the current literature and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region. The book is available as Open Access.

Author : Michael Blakeney
Publisher : Edward Elgar Publishing
Page : 562 pages
File Size : 45,6 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781788975414

Get Book

The Protection of Geographical Indications by Michael Blakeney Pdf

Encapsulating the most recent changes in the law, this second edition of The Protection of Geographical Indications investigates the European laws which regulate the way that geographical indications can be used in the marketing of agricultural products, food, wines and spirits. Key updates to this comprehensive second edition include two new chapters exploring the impact of Brexit and considering the protection of EU geographical indications outside Europe and of foreign geographical indications within the EU.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 6 pages
File Size : 42,8 Mb
Release : 200?
Category : Law
ISBN : 9789280520187

Get Book

The Lisbon System by World Intellectual Property Organization Pdf

The Lisbon System facilitates the international protection of appellations of origin through one single registration procedure. The Lisbon system does away with the need to file multiple registrations at different offices and covers over two dozen countries in Africa, Asia, Europe, and Latin America.

Author : Dev Gangjee
Publisher : Cambridge University Press
Page : 128 pages
File Size : 44,9 Mb
Release : 2012-02-23
Category : Law
ISBN : 9781107375635

Get Book

Relocating the Law of Geographical Indications by Dev Gangjee Pdf

There is considerable variation in the nature, scope and institutional forms of legal protection for valuable geographical brands such as Champagne, Colombian coffee and Darjeeling tea. While regional products are increasingly important for producers, consumers and policy makers, the international legal regime under the TRIPS Agreement remains unclear. Adopting a historical approach, Dev Gangjee explores the rules regulating these valuable geographical designations within international intellectual property law. He traces the emergence of geographical indications as a distinct category while investigating the key distinguishing feature of the link between regional products and their places of origin. The research addresses long-standing puzzles, such as the multiplicity of regimes operating in this area; the recognition of the link between product and place and its current articulation in the TRIPS definition; the varying scope of protection; and the extent to which geographical indications ought to be treated as a category distinct from trade marks.

Author : Dev S. Gangjee
Publisher : Edward Elgar Publishing
Page : 592 pages
File Size : 47,7 Mb
Release : 2016-02-26
Category : Business & Economics
ISBN : 9781784719470

Get Book

Research Handbook on Intellectual Property and Geographical Indications by Dev S. Gangjee Pdf

In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Café de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge. The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.

Author : William van Caenegem,Jen Cleary
Publisher : Springer
Page : 287 pages
File Size : 44,8 Mb
Release : 2017-03-27
Category : Law
ISBN : 9783319530734

Get Book

The Importance of Place: Geographical Indications as a Tool for Local and Regional Development by William van Caenegem,Jen Cleary Pdf

This book explores the potential benefits and disadvantages of geographical indication (GIs) registration schemes, analyzing the utility of GI registrations for the development and promotion of regional economies, both in national and international markets. The book draws on the van Caenegem, Cleary & Drahos Australian Provenance Report, along with the valuable empirical data collected in connection with it. The book situates the rural development question in an international context, presenting several case studies from Italy, France and Morocco, New Zealand and Australia. The book contains various chapters focused on comparing regulatory structures in various relevant jurisdictions and drawing on other countries’ experiences. It contains significant contributions from industry actors with extensive experience in regional branding initiatives and GI-related policy issues. Progressive in structure, the book starts from the ‘big picture’ level before moving down to the local and concrete scale. Geographical indications of Australian products are vital both in domestic and overseas markets by accurately representing the origin and quality of niche agricultural products. Thus, with a particular focus on Australia, the book promotes the assessment of geographical indications as potential regional assets that will help producers develop local quality indicators that will serve as public goods for successive generations of producers.