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Comparative Study of Geographical Indications in India & EU: Policy for Implementation and Way Forward

There are differences in the GI Regulations in European Union and the GI regime in India. Objective of this research is to compare the difference in available intellectual property protection for GI in India and Europe and to prepare GI policy for implementation in India.

Letzte Änderung: 23.09.20

Two articles were published during the last six months. As per Research Project, these articles covered the approach difference between India and EU in terms of GI registration like a) rationale, as rural upliftment or farmer’s economic benefit is explicitly mentioned in EU regulation, which is not the case in India as per legal text; b) Registration process in terms of specification writing is completely different; c) quality control mechanism is not structured in India; d) Right to use, in India authorized user is there though various clumsiness is also there; e) India is having handicraft goods, EU is still under discussion; So, categories of goods are very much different between India and EU. Hence, differences in approach need to be addressed. International Application of GI or Harmonization of GI registration is the topic of the next article, where some of the previous research materials and points are going to be covered. Interestingly, India does not have PDO and PGI differences. India is having GI, so categorization in general is also an important point to cover. Even terminology like product or goods need to be clarified. The E-ambrosia database of the EU is showing there is only one GI registered in the EU. However, the market is having Assam Ceylon Tea, Basmati Rice, and Pashmina. Nevertheless, the question is how much protection India is getting throughout the EU and how it is conveyed that these goods are valued GI of India. Pros and cons of Geneva act and other agreements will be discussed. As a case study, some countries' approaches will be discussed. Categorizations of the goods are one of the important aspects. India is having most of the GI for Handicrafts; and understanding of agricultural goods is also different from the EU. This is the case for some other countries. Harmoniously not every country accepted the concept of GI regime. Some countries still consider Trademark to cover GI protection but TM and GI are totally different in understanding. GI is in a more diverse and complicated situation than any other IP subject matter. Even it has been noticed that, among all GIs registered in national level (may be 300-500 in a country) but very few have international demand. Wine and spirit is getting a special concern in EU and most of the cases they are protected under bilateral agreements. Covering all the discrepancies, this article will cover the pros and cons of International application of GI. Foodstuff related GI is another article in progress. Regarding foodstuff related GI the question comes whether only the recipe can get protection or it will get protection only when geographical ingredients/factors are involved. At the time of registration, detailed procedure of preparation of the foodstuff is required to be given in the specification. GI does not cover the knowhow of any recipe or traditional knowledge. End of the day protection is provided for products or goods under GI. Comparative analysis between the EU and India will be a prime aspect. Article will discuss some case studies to elaborate the issues. 

Personen

Projektleitung

Dr. Gargi Chakrabarti

Forschungsschwerpunkte

III.2 Rechtsentwicklung in außereuropäischen Rechtsordnungen