Geographical Indication Protection in India

The Evolving Paradigm
1. Auflage 2022
ISBN: 978-981-1942-98-3
Verlag: Springer Nature Singapore

Buch, Englisch, 251 Seiten, Paperback, Format (B × H): 155 mm x 235 mm, Gewicht: 406 g

This book is a unique compilation of comprehensive works covering the potentials, challenges, and realities of geographical indications from an Indian perspective. The book encompasses critical studies on legal, regulatory, and institutional frameworks and debates surrounding geographical indications. The concept of geographical indication has not received paramount importance in India compared to the other forms of intellectual property rights like patents and trademarks, while GI is becoming critical in national and international discourses. It aims at presenting both national and international situations and discussions, which will appeal to readers worldwide. This book in its first part elaborately deals with the genesis of the GI Act, and then it goes on to analyze both substantive as well as procedural aspects of the registration under the Indian GI Act and tries to identify the discrepancy and gaps in the laws. Also, a comparative perspective has been built by analyzing the GI laws and regulations of some developed countries with that of India. The challenges in existing regulation for quality control and enforcement of GI products in the Indian GI Act have been dealt comprehensively by the authors which are critical in achieving the stated objectives of the Act.

The book also focuses on the role of geographical indication in the socio-economic development of rural India. The authors have illustrated how the GI can act as an effective mechanism for employment generation and sustainable growth opportunities in different sectors like agriculture, food, and handicraft. The interaction of GI with traditional knowledge and biodiversity and their impact on society is also extensively covered. The book contains real-life case studies by the authors from different states of India highlighting the success stories and missed opportunities of different GIs and the way forward where the GI can function as an effective tool for the overall development of acountry and promote international trade.



The book will provide law students, scholars from legal and IP disciplines, legal practitioners, producers, and policymakers a factual and multidimensional insight into the GI system in India. This will further promote research in this area, particularly from an Asian perspective and enhance the real-life application of GI to varied products.

Zielgruppe

Research

Autoren/Hrsg.

Bhattacharya, Niharika Sahoo

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationaler Gewerblicher Rechtsschutz, Medien-, IT- und Urheberrecht
• Rechtswissenschaften Ausländisches Recht Asien (inkl. Türkei und Naher Osten)
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Wirtschaftswissenschaften Volkswirtschaftslehre Internationale Wirtschaft Internationaler Handel

Inhaltsverzeichnis

Chapter 1. Geographical Indication Protection in India: A critical legal perspective. Chapter 2. Challenges in Quality Control of Registered Geographical Indication Goods in India.- Chapter 3. Post-Trips Free Trade Agreements And Trips-Plus Geographical Indications Standards In Asia.- Chapter 4. Geographical Indication registrations for Rural Enterprise Development.- Chapter 5. Geographical Indication in the Form Of Food Products": An Analysis.- Chapter 6. Protection of GI: The interface with Traditional Knowledge.- Chapter 7. Success of MahaGI!.- Chapter 8. Farms to Market: GI Odyssey of SOJAT MEHNDI.- Chapter 9. Managing Geographical Indications – Challenges and Opportunities.- Chapter 10. Role of Authorized User in adding efficacy to GI protection in India: Issues and Challenges.

Über Autor(innen)

Niharika Sahoo Bhattacharya has nearly twelve years of experience in the area of Intellectual Property and has published in various domains of Intellectual Property Law including patents, trademarks, geographical indications in international journals of repute. She is currently serving as an Assistant Professor in Rajiv Gandhi School of IP Law at IIT Kharagpur. Prior to this, she was a Scientist Fellow at National Institute of Science, Technology and Development Studies (NISTADS), CSIR, India. Her exposure to the real ground situation regarding GI has motivated her to come up with a book that can showcase the real pictures about GI, particularly in India.