The Commercial Aspect Of Geographical Indications (GIs) In India: Barriers, Perspectives And The Way Forward

ABSTRACT

This study intends to macroscopically examine the working of GI protection in India, with a prime focus on the purposes that we sought to fulfil by registering such GIs and the barriers in achieving such protection. A Geographical Indication (GI) is a label applied to goods or services with a particular geographic origin and qualities or reputation derived from that location. In India, the GI concept and the preservation of its rights are relatively recent concepts.  However, since the GI Act in India entered into force in 2003, 658 GIs have been registered.  There has been widespread GI registration in India; however, it is important to consider whether the goal of GI registration has been lost in the rush to register more GIs. A product receives a GI tag because of its country of origin. A product’s quality, traits, and reputation are influenced by its country of origin. The GI law serves a variety of goals, including providing a sense of identification and security so that other manufacturers who do not reside in that region cannot deceive consumers by claiming a different origin. In addition, GI registration is primarily done to help producers obtain higher prices for their products, but  obtaining a high price is a difficult undertaking. It entails several stages, including developing a strong brand, registering and promoting Indian GIs abroad, ensuring product quality, and raising enough money for GI management. This paper examines the aforementioned actions to be followed after the registration of the GI, as well as the challenges encountered and solutions offered. The paper concludes with some suggestions and a possible way forward, keeping in mind the overall evolution and integration of such protection into the mainstream.