ABSTRACT

The objective of this project is to tell about the various types of geographical indications on the products present in India and its effectiveness and how are the laws of geographical indication act, 2019 effective in reducing and protecting the geographical indicated products and the malpractices which occur on them. Any type of products which have linked to a geographical location have been marked with geographical indication tag and it can be considered as anintellectual property, and as we know that it is very much important to guard the intellectual property of any products so there have been many laws including the 2019 act which guarantees that the any offender would be punished and the rewards will be credited on proper consultation and also and how the act has been provided efficiently in promoting the geographical indications in the nation-wide and also its implementation on different products.

We have been using any type of products since centuries also the types of products have been varied since time to time the music thing which segregates the product from normal products is the authenticity of the place they come  From that the government of India made changes in the act of 2019 where the geographical indication acts have been made more clear the places have of the products have been put into the tags and with the help of different bodies that have been the geographical indications and the rights have been promoted preserved and respected a respective to all the States of India where they come from.

KEYWORDS

Geographical indications, location, culture, unauthorized usage

INTRODUCTION

To understand geographical indications, we need to first understand what are geographical indications, where are the used, why are they used and what rights do geographical indication acts provide so let us consider the fact that what geographical indications are, we have been using products of different types since the decades, both foreign and local as well. And there have been various products which have trademark or GI registered tags on the geographical indicated products, it is used when they have a specific geographical origin of that particular place itself and it possess the qualities or reputation which are present in those areas and have been identifiable so. For example, if we buy a sample, it is a geographical indication placed on the Assam that they have been producing tea which have been differentiated and identifiable from different States of India. Also Kashmiri chili’s they have been used as a geographical tag so that they represent the state of Kashmir and the specificities of the chili’s which have been not present elsewhere, this is very important for any government to have geographical indications and to promote a healthy unitary relations between all throughout the country also GI indication tags rights have to be protected also it helps us to increase the tourism of the state by increasing the reputation by which those product carries and also its value.And onemore example of geographical indication is the oranges of Nagpur which have been variously famous in different parts of the country because of theirquality so geographical indications are generally put on products to geographically identify the places where the product come from and why they are different. Just like other laws which are prevailed in the industry’s geographical indications also have some laws for any product to have geographical indication recognized it needs to have the GI tag aside which tells about the product which is originated from there only then it can be considered as a GI type product.

Research Methodology

 The research paper is of descriptive nature and my sources of information are government websites, case studies, statistics, study of the provisions and the legislation itself.

REVIEW OF LITERATURE

There are many reasons why the act is effective but let us look at why the act is important and what it focuses on.

So, the basis of any product which is legalized or any definition is the applicationand registration to the government identities so there have been many portals where geographical indication can register themselves and make the product unique and contribute to the economy. It tells us whatnumber of documents and different characteristics are required for the registration process and what makes it deemed to be registered. The act gives different types of rights to allow them to make sure that no personis  allowed and uses the geographical indications improperly for their uses or for any malpractices which may infringe or cause damage monetarily or immorally to the person who has registered in the country.Where the crimes have been rising up through any means, having registered GI products is very much necessary and also registration helps to remove those problems by giving monetary damages and also sometimes penalty and imprisonments included. So, what if a person who has registered his GI products legally realizes that this product has been used or malpractice and has caused damage to him.So after realizing that he can file a lawsuit so that this act can be stopped and the damages can be recovered because the registration has its meaning so to simplify it consists of different type of arbitrary or respected person to a geographical indication courts where such cases are registered.So, the major advantage of these courtsisthat these cases are always been very fast and they’re very effective so whatever the results are that register makes it very fast.

In a country where everything contributes or the GDP including geographical indication so who doesn’t want to promote their products because the most important thing a geographical indication do is promote the goods and also create employment for the country and states where it belongs to.

EFFECTIVENESS OF THE ACT

There has been many effectiveness which have been confirmed for the 2019 amended act of geographical indication of goods which included the basic thing which was the 1st registration. Any act needs a basis of registration of goods for it to be mentioned successful although the registration of goods is not a compulsory it saves the people from malware practices and bad intentions. The registration of subject geographical indication of Goods will in help the country in making much more GI registered goods and promoting and safeguarding local goods instead of foreign goods which have been conquering Indian markets and benefiting of local products will always benefit to the country and also to the respective states and their governments.One of the major reasons for the registration process is that the registration process and the documentation have been made easy and due to the online process it is actually easy for any GI products to be registered. In today’s world where everything has been maintained lawfully and through protection of legal rights the protection of GI through the new amendment has always allowed people to gain their rights and put in cases on the unauthorized users, the 2019 amended act has obviously protected and given legal rights to the holders who have been registered and infringed their rights they are many precise rules where there have been creation of good and safe environment for GI registered products any type of damages can be recompensated  it through legal remedies which can refer from damages to injunction to imprisonment to monetary measures. So, the next point of the effectiveness goes to by how can you resolve the disputes quickly for the infringed GI products so in today’s world where everything has been fast forward GI products can be used very well because of their registration and also when there have been infringed there have been proper registrar and rules and regulations which are been followed.If GR registered these operate very fast and also there are protection boards and appellate body where the registered Registrar gives a proper judgment and file judgment and recompensates for the disputes and the matters have been resolved quickly such fast process as an easy registration has awarded. Another advantage of the geographical indicate an act is like how they have been cutting down on foreign products, if you look most of the products including Nestle to lays to Pringles everything have been foreign captured and  such in because of such cases the Indian States and their effectiveness have been decreased but due to GI products and the government’s new policy and there are strict rules for infringement there have been GI types easily available for different States including oranges of Nagpur and Kashmir chili’s and Darjeeling tea which makes the states and local economic balance and increases their popularity which gives economic benefit.Such a cycle also helps to give a money through Pyramid scheme where most of the people also get money through labour and different kinds of income through popularity which has been way better in contributing to the economy of the country rather than giving an exporting foreign product.

Also, the new act allows and gives exclusive attributes of the geographical indication to goods and any aspect in any person who has registered at with the documents openly told in the website. Even though the registration is not compulsory the registration is advised by the government so that it gives better legal protection in infringement and also, they’re registered property can take sufficient legal action so that they can be compensated. The new act also is effective as it allows progressive indication to be valid for a period of one decade that is 10 years which is a lot of time also it can be renewed for more 10 years each every time it is on the verge of expiry so as long as the geographical indication is renewed it cannot be infringed and also the person will be compensated.

The 2019 geographical indication of goods act of India has also given the appellate board the power to remove any GI tag or user if they’re not complying with the rules also actions can be taken against the improper usage and if the authorized user has been dead, the successor can be given the rights of those GI goods. The newly amended GI act 2019 also specifies the difference between the geographical indication which is on products and trademark. The basic difference is that in trademark it is given to differentiate different varieties of goods of different enterprises so that they can be recognized where as in geographical indication it is given specials are a test basis of a particular geographical region of a product.

THE CHALLENGES TO ITS EFFECTIVNESS.

 Just like every other act the major problem which exists in the society specialist society like India is the awareness the limited awareness over this GI registration products and the easiness which exists in GI registration and the commodities. This is prevalent as most of the people do not know what are GR registered products they have been still using foreign products without any knowledge of what exists in the country and what value it can add, so for this many campaigns have been started to raise awareness that will workshop initiators by NGOs so that they can be less dependency on foreign products and more valuable for GI tag registered products to increase the value of our return different shade which can affect the country in a positive way. The next problem is what about the geographical indication tag products of abroad and also of the Indian products which are being used abroad what about those whose rights will be infringed abroad so it is very important for the Indian GI at to include International cooperation for safeguarding the GI tag products in abroad so that any infringement abroad can also be rescued and give in compensation, also they can be expand the horizon and include the popularity of the state or geography indication throughout the world which would increase the development of the country.

Just because having substitute management or tribunal for any act does not make the act immediately effective , for any infringes of GI tag that has to be legal remedies and penalties but the enforcement mechanism needs to have improvement and enforcement mechanism would require regular monitoring and also government authorities need to regulate and create a warrant so that they can be proper implementation organization and also GI theft can be properly caught and the capacity building of this organization can be increased.

METHODS

There are different types of method for doing a research paper but this research paper mostly consists of doctrinal method. Doctrinal method is when the laws or any regulation or legal structure has been made and you analyse and make the laws as per your understanding and you create its effectiveness according to your research.

 In this research paper I use the geographical indication of goods act 2019 and how it impacted with its effectiveness. Even though most of my research paper is spread dominantly doctrinal everything which I have studied, it is not entirely doctrinal there might be certain websites or government regulations directly studied from the official website or any pure statistics which might fall under the empirical category, however most of the research method extend to doctrinal method.

SUGGESTION

The most important things are the suggestion which could the government do in increasing the effectiveness of the GI act. For us to create our local image we need promotions and campaigns through different type of international organization and association with proper consumer awareness that bring people to the conclusion that GI registration is easy and it contributes to the economy and also it is an integral part to promote product equivalence of other States throughout the country with registration.

On other suggestion would be the improvement of implementation policy because as long as the policies are there but the implementation is nil, it would deter from giving justice to anotherregistered products, so in proper enforcement mechanism tribunals consisting of 3 or more member and 1registrarqualified with the highest position with its associates consulted in the appellatetribunal would be required to give proper and fast judgment. Doing tie ups with countries of abroad would also protect the GI tag of countries of different States and would prevent them from another issue above the country and also would increase the export of Indian local goods to the other countries example like the Prime Minister said “Vocal for local” so it is very important for government organizations to do types with foreign organization and make the GI tagand theme of “GO VOCAL FOR LOCAL” slogan be widespread everywhere. Another method would be the simplification of the registration process making it easier and making it online, which will be less hectic and also doing substantial advertisement and doing campaign to talk about the importance of GI registration and how it would protect them from malware practices and would actually contribute to the local statesman and the products being made.

One of the most important things which could be counted as a suggestion is building confidence of the consumers and telling them and making them aware that GI would actually benefit them and also strict legal laws in appellate tribunal with registrar would prevent them from illegal practices and malware activities and would provide for the benefit of them and the state so awareness is necessary. Also, statistics which would cover the state-wide list of products of which state has been registered with the most GI tag products to promote GI products more and would create a healthy competition so that the number of GI products can be increased, for example Karnataka currently has the highest amount of GI tag products in the country.

CONCLUSION

The geographical indication of goods act 2019 wants to make the GI tag product safe from malware activities and also give the consumers authentic goods and promote regional local foods which carry those distinct attributes of the particular state. Through the GI act 2019 the government wants to bring a nationwide attractiveness of the products of local attributes and to protect them. The act also wanted to increase the number of GI registrations for that they have simplified the registration process and as a result there hasbeen a surge in the number of GI registered products.

Because of the GI act of 2019 and simplified process of registration and increase registration there has an increase in GR products awareness and also the middle class of the country, the local man and the shopkeepers have now identified the increase usage of local products which the showcases the regional attributes and also how important is it to promote the local states in India as well as in abroad so that it would help an Indian economy. The GR registration and the Appellate tribunal process has been very fast have also increased the trust of the people and also had shown more transparency by declaring the documents which are required and making the process easy. They also have been somewhat successful in creating of awareness of GI as the appellate tribunal makes lawsuit easily and speedily solved and can stop in an infringement also then give monetary compensation and injunctions which have seen as a result of which has seen increased products and trust throughout the local statistics.

Because of this act there has been an increase of GI tagged products in the local market are also there has been increased visibility and has created new business advantages to the local people and as financially held many people from the local areas as well as the local business people. Also, the creation of national GI fund has been positive and shown increased amount of economic development and also to the communities of GI farmers

 A little more international cooperation and collaboration would increase the awareness of Indian products abroad and would bring recognition to the country and would protect the GI tag products be visible even in abroad markets and would increase the reputation of India as well as contributing to the economy. We can say that GI products through the act of 2019 has simplified registration, shown transparency as shown legal solutions with faster decision of cases and also increased the cultural heritage of the country by promoting goods and increase the economy overall it has been beneficial and effective.

REFERENCES

Legislation

Geographical indications of goods act 2019

Government websites

1) Office of the controller general of patents, design and trademarks department for promotion of industry and internal trade ministry of Commerce and industry government of India.http://www.ipindia.nic.in/

2)Ministry of Commerce and Industry, Government of India: http://commerce.gov.in/

 Web portals

1) Importance of Geographical indications tags in India- https://corpbiz.io/

2) The laws of geographical indicators- https://www.scconline.com/

3) Importance of geographical indication- https://www.kashishipr.com/

International websites

1) Protecting local goods with geographical indicators https://www.wipo.int/