Geographical Indications in India and China: The Study of the Challenges in International Protection

Abstract

Intellectual property is an ever-growing concept which aids the creations of the mind to be protected and allow the creators to commercialize their creations and make a profit, there are different types of intellectual properties namely like patent, copyright, trademark, Geographical indications, industrial designs. The way intellectual property operates provides a balance between the interests of the creators and gather the interests of the public, thus encouraging creativity and an increase of innovations.1 The term “Geographical Indication” was first coined in Uruguay round of trade negotiations of the TRIPS Agreement. Geographical indication is a type of Intellectual property wherein a sign called the GI tag is used on products which are from a particular Geographical location, and this contributes to the quality the product possess and it holds the reputation of being produced from that particular Geographical location. It is used for agriculture products, handicrafts, foods, wine and spirit drinks2. As one receives the GI tag, then other manufacturers would not be able to sell their product under the same GI tag. This ensures that other manufacturers are prohibited from misleading that their products originate from a reputable Geographical location and hence safeguarding the reputation. Geographical Indication is a boon to many local manufactures and local artisans, as this provides them to sell their products at a premium rate than that of their competitors.