Geographical Indications and its Protection under IPR: A thorough Study on Cross Border GI Disputes between India and Other States

  • Kushagra Singh and Dr. Ratnesh Kumar Srivastava
  • Show Author Details
  • Kushagra Singh

    Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

  • Dr. Ratnesh Kumar Srivastava

    Assistant Professor at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

  • img Download Full Paper

Abstract

The term Geographical indication was first introduced in the year 1883 during the Paris convention in which geographical indications were defined as an element of the IPRs. Since then, GI went through many reforms and changes along the years and was enacted by India under the geographical indications of the goods (registration and protection ) act,1999. This article deals with the development of GI, the correlation between GI and The Intellectual Property Rights, the mechanisms of Geographical Indication, the article also incorporates the challenges/issues faced by India, with an overview of the complications encountered during the implementation of GI in India. This article focuses upon the challenges and disputes faced by the states in India. The complexity of origin of the property is faced by various inter and intra states resulting in several disputes. Since the introduction of GI in India, the awareness and knowledge about GIs efficiency and benefits have been limited. In all, this article not only gives an overview of GI Tags but also addresses the issues and complications at present.

Type

Article

Information

International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 1581 - 1592

DOI: https://doij.org/10.10000/IJLMH.117632

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021