Geographical Indications
Meaning
A Geographical Indication is an
indication that is used to identify agricultural, natural or
manufactured goods originating from a definite geographical
territory having a special quality or reputation or other
characteristics. The manufactured goods should be produced or
processed or prepared in that territory. Geographical Indications
encompasses what is known as Appellation of Origin. An Appellation
of Origin is a special kind of Geographical Indication used on
products that have a specific quality that is exclusively or
essentially due to the geographical environment in which the
products are produced.
Illustrations
Geographical Indications (GIs)
can be best explained by referring to some of the world famous GIs
(Indian examples) like the Basmati Rice, Kanchipuram Silk,
Darjeeling Tea, Alphanso Mango, Nagpur Orange, Kolhapuri Chappal and
Bikaneri Bhujia. The well-known GIs include the Scotch Whiskey,
Chinese Silk and the Venetian Glass. IDAHO for potatoes, WASHINGTON
STATE for apples and FLORIDA for oranges are some of the
Geographical Indications of the United States.
Significance of GIs in Modern
Economies
There are multitudinous reasons
that strongly mandate the protection of GIs. In modern free
trade economies, GIs have enormous economic value as the consumers
are wiling to pay high prices for goods bearing a particular
quality. It is important to protect the consumers from spurious
products and producers from unfair competition. Besides the
commercial aspect, the GIs also protect the usurpation of the
national heritage of a country by associating a product world wide
with a particular country. As the quality of product is not only
attributable to the climate, topography but also to the know-how of
the producers of the region, the GIs are also important tools for
protecting the traditional knowledge of the producers.
Distinction Between Geographical Indications
and Trademark
Geographical indications have
been protected under the Trademark law in many national
jurisdictions. Even though both the GIs and Trademark are source
identifiers, there are many differences between the two. Whereas
Trademark identifies the products with the manufacturer, the GI
identify products with the place of production or origin. Another
important difference is that the GIs are the community rights
whereas the trademark is individual right. As regards the use, the
Trademark can assigned as well as licensed, but a Geographical
indication cannot be assigned, transmitted or licensed.
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