Geographical Indications: Pros and Cons

29 Pages Posted: 5 Sep 2011

See all articles by Nishidh Patel

Nishidh Patel

Indian Institute of Technology (IIT), Kharagpur - Rajiv Gandhi School of Intellectual Property Law (RGSOIPL); National Academy of Legal Studies and Research (NALSAR) University

Date Written: September 4, 2011

Abstract

Geographical Indications (GIs) have clear and positive characteristics that can make them valuable assets. Yet, they are not a simple achievement and in some situations, they simply are not recommended as a strategy to undertake. GIs are the embodiment of ‘globalization’ i.e. products and services participating in global markets and at the same time supportive of local culture and economies. A GI identifies a product as originating in a delimited territory, where one or more of its characteristics – its quality, reputation, or some other unique feature – is essentially attributable to its geographical origin and the particular human or natural factors found in that region. GIs are a two-edged sword and not always appropriate. There are some potentially negative aspects associated with GIs, though these are largely the result of poor design or having inadequate governance structures. For example, badly managed GIs can be dominated by limited political interests or just a few enterprises. In some cases, GIs can exclude the poorest producers or even stimulate inappropriate outcomes such as the dissolution of traditional practices or the destruction of biodiversity.GIs are by no means a panacea for the difficulties of rural development. They can, however, be a unique and powerful tool when adequately managed. GIs can offer a comprehensive framework for rural development since they can positively encompass issues of economic competitiveness, stakeholder equity, environmental stewardship, and socio-cultural value.

Keywords: Geographical, Indication, Indications,TRIPS, WTO, Paris, Madrid, Lisbon, Convention, Agreement, Darjeeling,Tea, indicators

Suggested Citation

Patel, Nishidh, Geographical Indications: Pros and Cons (September 4, 2011). Available at SSRN: https://ssrn.com/abstract=1922347 or http://dx.doi.org/10.2139/ssrn.1922347

Nishidh Patel (Contact Author)

Indian Institute of Technology (IIT), Kharagpur - Rajiv Gandhi School of Intellectual Property Law (RGSOIPL) ( email )

IIT Kharagpur
West Bengal
Kharagpur, West Bengal 721302
India

National Academy of Legal Studies and Research (NALSAR) University ( email )

3-4-761, Barkatpura
Shameerpet
Hyderabad, Andhra Pradesh 500027
India

Register to save articles to
your library

Register

Paper statistics

Downloads
541
Abstract Views
2,366
rank
49,402
PlumX Metrics