[PDF] Geographical Indication Protection In India eBook

Author : Niharika Sahoo Bhattacharya
Publisher : Springer
Page : 0 pages
File Size : 45,74 MB
Release : 2022-10-18
Category : Law
ISBN : 9789811942952

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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 : 18,85 MB
Release : 2015-07-29
Category :
ISBN : 9789353288563

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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 : Tapan Kumar Rout
Publisher :
Page : 0 pages
File Size : 32,27 MB
Release : 2014
Category : Foreign trade regulation
ISBN : 9788177083712

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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 : Irene Calboli
Publisher : Cambridge University Press
Page : 0 pages
File Size : 49,44 MB
Release : 2018-12-13
Category : Law
ISBN : 9781316617403

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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 : Ganesh Makam
Publisher :
Page : 0 pages
File Size : 11,22 MB
Release : 2023
Category :
ISBN :

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This research paper explores the significance of geographical indications (GIs) as a mechanism for protecting regional products and promoting cultural heritage in India. It examines the legal framework for GIs, analyses their impact on rural and traditional industries, and evaluates the challenges and opportunities in utilizing GIs for cultural preservation, economic development, and sustainable tourism. The paper highlights the importance of striking a balance between intellectual property rights and the cultural heritage of a region to ensure inclusive growth and the equitable distribution of benefits. This research paper aims to contribute to the existing literature by providing a comprehensive analysis of the role of geographical indications in cultural protection and regional development in India. By examining case studies and evaluating the challenges and opportunities, the paper highlights the importance of fostering a supportive environment that balances intellectual property rights, economic growth, and the preservation of cultural heritage. The findings of this research can inform policymakers, stakeholders, and communities on leveraging geographical indications to promote sustainable development, preserve cultural diversity, and create inclusive economic opportunities.

Author : Pradyot Ranjan Jena
Publisher :
Page : 0 pages
File Size : 38,61 MB
Release : 2015
Category :
ISBN :

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The paper synthesises the results from empirical case studies undertaken in India and Thailand on the welfare impacts of geographical indications (GIs). The findings indicate a positive effect from GI protection on the well-being of farm households and rural poverty. GI protection also preserves the traditional knowledge embedded in a GI good as well as the traditional heritage of the locality that produces the good. The findings support the call for stronger intellectual property rights protection.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 6 pages
File Size : 17,9 MB
Release : 200?
Category : Law
ISBN : 9280520180

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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 : N. Lalitha
Publisher : Oxford University Press
Page : 220 pages
File Size : 44,54 MB
Release : 2019-01-04
Category : Business & Economics
ISBN : 019909537X

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In the realm of trade, there exists a long tradition of labelling products with the emphasis on their place of origin to convey their quality. These products with Geographical Indications (GIs) tag, in the parlance of intellectual property rights, indicate the link between the geographic location and the product and represent the collective rights of the territory-specific communities that are engaged in the production of that commodity. With its entry into the World Trade Organization, India has implemented GI within a legal framework. Through select case studies of products like textiles and crafts in South India, Regional Products and Rural Livelihoods looks at the ramifications of GI implementation at macro and micro levels. It explores the involvement of stakeholders with respect to the reputation of a place/community and the institutional challenges that emerge in the process of GI implementation. This volume highlights the need for collective action by stakeholders to actualize economic gains through GI and analyses its possible outcomes, such as improved livelihoods for producers and authentic products for the consumers.

Author : Michael Blakeney
Publisher : Edward Elgar Publishing
Page : 562 pages
File Size : 11,93 MB
Release : 2019-12-27
Category : Law
ISBN : 1788975413

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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.