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Importance of Geographical Indication in the Growing IPR World

12 Pages Posted: 5 Aug 2009  

Amikar Parwar

Chanakya National Law University

Date Written: August 5, 2009

Abstract

This Article tries to make an overview of the various national and international instruments to protect Geographical Indications from being used by unauthorized fellows. Every society develops a certain knowledge base over a long period of time. Development of such knowledge base owes its origin to the geographical environment and human interactions and becomes an important part of their economy and tradition. In a globalized society these are vulnerable to misuse, hence the process of preserving the knowledge and heritage is important. Geographical Indications have been given the status of intellectual property since the product gets more value commercially by its mere association with a particular place. GIs helps in the identification of a source of a good which in turn is related with the quality of good. The laws related with 'GIs' are applicable to wide variety of goods varying from natural, agricultural to manufactured products. If any name is related with the specific geographical area and that any particular area has an indicative power, the legal protection under GIs Acts can be claimed. e.g. Kolhapuri Sleepers, Real California Cheese, Florida oranges, etc. At the international level several mechanisms have been designed so that the labour invested by the true person may not be exploited by the unauthorized fellows or institutions..

Keywords: Lisbon Agreement, Madrid Agreement, Paris Agreement, International Trade, Fair Competition

Suggested Citation

Parwar, Amikar, Importance of Geographical Indication in the Growing IPR World (August 5, 2009). Available at SSRN: https://ssrn.com/abstract=1444419 or http://dx.doi.org/10.2139/ssrn.1444419

Amikar Parwar (Contact Author)

Chanakya National Law University ( email )

Chanakya National Law University Patna
Bihar, India
Patna, Bihar 800001
India

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