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Weiteres Forschungsprojekt
Immaterialgüter- und Wettbewerbsrecht

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

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 to promote the trade of India’s GI goods

Last Update: 20.01.21

Analysis and Findings of current research is included in different articles and sent for publication. The articles for Journals/book chapters already submitted and going to be submitted are as follows:

Five articles and one book chapter is prepared based on the research findings. Those are either published or in the process of publication. (1) Article on Geographical Indication: Analysis of registered products towards improved legal protection in India is accepted for publication in Queen Mary Journal of Intellectual Property, London, UK, to be published in Volume 11(1) pp. 86-97 (expected to be published by early 2021). (2) Article on Geographical Indications: Ambiguity in Legal provisions in India is published in Delhi Journal of Contemporary Law (Peer Reviewed), Vol. II, pp. 17-23, eISSN: 2582-4570, 2020. (3) The Article on Foreign Protection of Geographical Indications: Issues and Concern is submitted to International Review of Intellectual Property and Competition Law – under process of review. (4) Book chapter is submitted for the Edited Book: Changing Dynamics of Intellectual Property for Development; Chapter Title: Protection of Traditional Knowledge through Geographical Indications – A Study of Feasibility and an Attempt at Reconciliation – accepted and in the process of publication, expected to be published by early 2021. (5) Article on Protection of Foodstuffs under GI: Implication of Traditional Specialties Guaranteed (TSG) is in the process of finalization, will be submitted to GRUR International - Journal of European & International IP Law, Oxford. In this article the specification of foodstuff of India and EU (GI journals of India and EU specification) are analyzed; there is a special emphasis on Traditional Specialties Guaranteed (TSG). Important question is that foodstuff ingredient is not always procured from particular geographic location but particular geographical location developed and nurtured the foodstuff, reputation is based on that particular geographical area. (6) The article on Revisiting Geographical Indication for foodstuffs in India. The abstract on this work-in-progress topic is submitted and accepted for Third IP & Innovation Researchers of Asia (IPIRA) Conference, 24-27 Mar 2021 (Online Conference). This article will analyze the different GI applications of protected foodstuff to check the geographical linkage between the good and the place of origin, will examine whether the requirement of linkage of quality, reputation or other characteristics are established with the geographical location and whether the criteria of quality, reputation or other characteristics to be ‘essential attributable’ to its geographical origin is fulfilled, will discuss about the controversy regarding GI protection of foodstuff in India, and will also analyze whether it has any impact on commercial benefit of the producers.

Persons

Project Manager

Dr. Gargi Chakrabarti

Main Areas of Research

III.2 Rechtsentwicklung in außereuropäischen Rechtsordnungen