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The GI Row Over Kashmiri Pashmina
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An indicator of a geographical origin came under the umbrella of Intellectual Property Rights during parleys on world trade negotiations. It is usually a sign used in connection with goods to indicate their geographical origin. It need not be the geographical name, any given quality, reputation or other characteristics essentially attributable to the geographical origin of a good also can function as a geographical indication.

Indications of Geographical Origin (IGO) emerged as a specific legal concept in the TRIPS Agreement. Prior international legal instruments had concepts as 'indications of source' and 'appellations of origin' designed to protect goods with known qualities or reputation coming from a particular place. Although 'geographical indications', 'indications of source' and 'appellations of origin' are closely related concepts, there exists significant differences among them.

Indication of source means any expression or sign used to indicate that a product or service originates in a country, region or a specific place.

Appellation of origin means the geographical name of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors.

Geographical indications (GI) are, as defined in the TRIPS Agreement, indications which identify a good as 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. Therefore in order to qualify as a GI, a product to which the indication is attached not only needs to originate from the geographical location indicated by it, but must also have a quality, reputation or some other characteristics, which are essentially attributable to that geographical origin.

The difference between 'indications of source' and GI lies in the additional requirement of quality, reputation or some other characteristics essentially attributable to the geographical origin. Since all 'indications of source' do not fulfill these additional requirements, they are 'simple IGO', whereas a GI is a 'qualified IGO'.

Appellations of origin have a more restrictive character than either of the other two. It is a geographical name of a country, region, or locality, thereby directly indicating the geographical origin of the product to which it is attached. It excludes 'reputation' of the goods as essentially attributable to the geographical origin, consequently, goods having a certain 'reputation' but no quality/characteristics attributable to their geographical origin would remain outside the scope of protection as 'appellations of origin' but may qualify for protection as GIs. Thus while all 'appellations of origin' would qualify as GIs, not all GIs are capable of getting protection as 'appellations of origin'. Also, unlike 'indications of source' or GIs, figurative or written symbols cannot qualify as 'appellations of origin'.

Thus, we have a comprehensive definition of an IGO as embodied in the TRIPS Agreement, but how does it solves problems when the spread of the geographical territory consists of two member countries and both want the GI as their exclusive intellectual property. The tussle between India and Pakistan over the geographical indication tag for the prized pashmina wool and the products made from it has given an added dimension to their trade related issues. Pashmina belongs to the geographical area which was Kashmir before partition. The problem is that the geographical area is shared between to adjacent countries, following partition

Application has been filed to register "Kashmiri Pashmina" as the exclusive brand for products, which predictably, is challenged by a pashmina-trading organisation in Pakistan which wants products produced in the part of Kashmir under that country's occupation to be given the same IPR protection. Their view is that a GI tag for pashmina produced in Srinagar Valley would be unfair just like a GI tag only for Pakistan. Pashmina is produced from the under-growth of the hair of a special changthangi or pashmina breed of goat that has been indigenous to the high altitudes of the Himalayas, including the Pakistan-occupied region.

The outcome of this dispute over the geographical indication tag is crucial considering that pashmina imitations are in circulation, and are widely traded across the globe, jeopardising the monopoly of the Himalayan region over this unique wool. A joint GI status seems to be an answer but dependent on a uniform quality of pashmina made on both sides of the border.
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