1. WHY GEOGRAPHICAL INDICATIONS?
In order to attain a comprehensive answer to the above question the researcher has preliminarily discussed the basic concept of geographical indications along with enunciating the benefits of this form of an intellectual property (IP) protection.
1.1 What is a geographical indication?
A product’s quality, repute or other characteristics can be determined from its place of origin. Every region boosts of something unique and their indigenous products are their claim to fame. Even in the oldest of times explorers like Christopher Columbus who traversed a new route just in search of Indian spices, went in search of products having peculiar characteristics exclusive to certain regions. The reputation of regions
The national laws of different countries, developed locally were applicable. However, with the progression of time and in the era of increased commerce and globalization, the need for an international protection of Geographical Indications became apparent. Local protection was no longer adequate as indigenous products of various countries were imitated globally in other countries. International cooperation and mutual reciprocity in the level of protection between states was required to ensure an effective international protection of Geographical
It is the first multilateral treaty dealing with geographical indications as such.
Article 22 of the TRIPs Agreement provides a definition of geographical indications. They are:
“... indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”.
This definition expands the concept of appellation of origin contained in Article 2 of the Lisbon Agreement to protect goods which merely derive a reputation from their place of origin without possessing a given quality or other characteristics which are due to that place.
To be protected a geographical indication needs to be “an indication”, but not necessarily the name of a geographical place.
The TRIPs Agreement contains three distinctions in the level of protection:
1) for geographical indications related to all products,
2) for wines and spirits, and
3) for wines