Geographical Indication (GI) Laws in India and Its Implementation: A Critical Appraisal

Abstract

India is home to different products which are unique to its various regions. With the advent of the Geographical Indications of Goods (Registration and Protection) Act, 1999, the enforcement, adjudication and governance of Geographical Indications (GIs) is expected to preserve the cultural heritage, create international recognition and boost export income of these products. Although the goals of GI registration have been fulfilled to an extent, but such registrations hardly popularise the products beyond the exiting market and did it boost the export. The primary question which the paper aims to address is whether the laws has been successful in providing better protection of geographical indications relating to goods, in India, and investigate why the implementation has been inadequate. This paper focuses on less well-known GIs like madurkathi and nakshi katha and contrasts them with the more well-known GIs like Basmati Rice, Darjeeling Tea etc. to delve into the loopholes in the existing legislation and its implementations, focusing on obstacles for the producers in effectively marketing and protecting the reputation of such goods. The paper concludes with recommendations for changes in the legislation and implementation.