Mechanism of Protection of Geographical Indications: Implications for Genetic Resources
Brahmi Pratibha*, Chaudhary Vijaya, Tyagi Vandana
National Bureau of Plant Genetic Resources, New Delhi-110012
*Corresponding author Email: email@example.com
Geographical Indications (GI) is one of the six major Trade Related Aspects of Intellectual Property Right (TRIPs) of the World Trade Organization (WTO). It identifies a good as originating from a particular place, where a given quality, reputation or other characteristics of the good become essentially attributable to its geographical origin. Although the term “Geographical indications” was introduced by the TRIPs Agreement but there are evidences that various other closely related concepts existed even in the pre-industrial times All the above mentioned agreements gave new terminology to define the goods which can be protected under said agreement and laid down different standard for its registration and provided various legal measures to prevent the misuse of registered goods or to restrict unfair competition. TRIPs Agreement, because of its broad eligibility criteria for registration of goods and provision of additional protection for wines and spirits, created a major impact and was adopted by majority of nations to formulate their GI laws. India, being a signatory of TRIPs Agreement, had formulated a sui generis system for the protection of GI and was called as “The Geographical Indications of Goods (Registration & Protection) Act, 1999”. The GI Act, 1999 defined, “goods” as any agricultural, natural or manufactured goods or any goods of handicraft or of industry and it include food stuff. Darjeeling Tea was the first good registered under this Act. Till date, 178 GIs have been registered in India. It includes 170 Indian applications and 08 conventional applications. Out of 193, 45 GI registration certificates have been issued for agricultural goods (till March 2013). The paper describes influences of the GI Act of India on conservation and utilization of its genetic resources. As most of the GI producers/conservers in India are from backward and poor class so the government must take some initiative to work for their welfare and where the production of GI goods have some health hazards appropriate health and insurance scheme should be implemented. In case of agriculture goods some insurance of crops must be provided.