What is guaranteed by GI Protection?

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It confers legal protection to Pochampally Ikat in India.  Prevents unauthorized use of Pochampally Ikat by others.  Registration affords better legal protection to facilitate an action for infringement.  The registered proprietor and authorized users can initiate infringement actions.  The authorized users can exercise the exclusive right to use the geographical indication…. Read more »

What is WIPO’s role in protection of geographical indications?

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WIPO is in charge of the administration of a number of international agreements, which deal partly or entirely with the protection of geographical indications (see, in particular, the Paris Convention for the Protection of Industrial Property, and the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration). Furthermore, through the work… Read more »

Is usurpation economically detrimental to tradition-based producers?

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Usurpation causes harm to traditional producers throughout the world because it prevents them from claiming their position on the world market. To illustrate, when tea which is produced outside the Darjeeling region labeled “Darjeeling Tea” in the market, the value of the true Darjeeling tea traditionally produced in India goes down with economic repercussions for… Read more »

How can better protection for geographical indications be achieved?

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The better protection for GI can be achieved through the extension of protection to products under Article 23 of TRIPS- which currently benefits only wines and spirits. The extension of protection will be granted to the products other than wine and spirit, producers would be able to more easily defend their rights. They would no… Read more »

Why does the current legal protection for geographical indications need improvement?

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There are multiple reasons for revising and improving the protection of geographical indications, in particular: – With global markets now increasingly open, it is indispensable that: • Consumers can immediately recognize the origin of products. The improvement of protection for GIs at the international level will help the fight against the public being misled. A… Read more »

What are exceptions to GI protection under TRIPS Agreement?

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The TRIPS Agreement enumerates a series of exceptions to the protection of geographical indications such as prior use in good faith and continued use of geographical indications that have become generic terms. Article 24 of the TRIPS Agreement lists five exceptions: • If a name has been used for at least 10 years preceding to… Read more »

Why are producers interested in GIs?

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GIs are anchored to the particular region for which they come from and as such contribute to the socioeconomic dynamics in many regions of the world. They also create and support jobs and encourage diversification in production. They allow producers and manufacturers to dedicate themselves to the commercialisation of traditional products in response to the… Read more »

What is the punishment in the Act for falsifying GI?

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A sentence of imprisonment for a term between 6 months to 3 years and a fine between fifty thousand rupees and two lakh rupees or stipulated in the Act. However, the court may reduce the punishment under special circumstances. A geographical indication (GI) is a sign used on products that have a specific geographical origin… Read more »

Which of the Geographical Indications cannot be registered?

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The use of which would likely to deceive or cause confusion or contrary to any law. Which comprises or contains scandalous or obscene matter or any matter likely to hurt religion susceptibility of any class or section of citizens of India. Which would other wise is disentitled to protection in a court, which are determined… Read more »

What is the effect if geographical indication is not renewed?

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If a registered geographical indication is not renewed it is liable to be removed from the register. As such the product will not enjoy legal protection provided by the Act the product may loose its unique quality in the long run. A geographical indication (GI) is a sign used on products that have a specific… Read more »