GEOGRAPHICAL INDICATIONS REGISTRATION SYSTEM IN INDIA
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Abstract
Just as a patented product carries with it the reputation of its inventor the geographically indicated product carries with it the reputation of a region, locality, place of origin, country etc. Therefore the reasons for protection of geographical indication can be looked at essentially from two viewpoints. Firstly, to protect the interest of the consumer, who especially in products protected by geographical indicators, buys the product only because of its famous origin which indicates certain quality, and secondly, to provide economic incentive and protection to the producers of the products belonging to that particular region.
Geographical Indication indicates that particular goods originate from a country, region or locality and has some special characteristics, qualities or reputations, which are attributable to its place of origin. These special characteristics, qualities or reputation may be due to various factors, e.g., natural factors such as raw materials, soil, regional climate, temperature, moisture etc; or the method of manufacture or preparation of the product such as traditional production methods; or other human factors such as concentration of similar businesses in the same region, specialization in the production or preparation of certain products and the maintaining of certain quality standards. The connection between the goods and place becomes so famous that any reference to the place reminds the goods being produced there and vice versa. For example, the reference to District of Champagne, France brings to mind the Wine ‘Champagne’ which is being produced there. Geographical indications are understood by consumers to denote the origin and the quality of products. Many of them have acquired valuable reputations which, if not adequately protected, may be misrepresented by dishonest commercial operators. False use of geographical indications by unauthorized parties is detrimental to consumers and legitimate producers. The former are deceived and led into believing to buy a genuine product with specific qualities and characteristics, while they in fact get a worthless imitation. The latter suffer damage because valuable business is taken away from them and the established reputation for their products is damaged’.
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