India & the World Trade Organization |
Geographical Indications Section 3 of the TRIPs Agreement provides for mutual recognition of Geographical Indications (like Basmati Rice and Darjeeling Tea). The Agreement contains a provision (Article 22.3) that a member shall provide the legal means for interested parties to prevent the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good. There is, however, no obligation under the Agreement (Article 24.9) to protect geographical indications which are not protected in their country of origin or which have fallen into disuse in that country. In India, we do not have any specific law on geographical indications. The need to enact a separate law on this subject has been recognised and separate legislation on geographical indications is being drafted in consultation with the concerned ministries and experts. (In a related development, India has circulated a paper in the TRIPs Council of the WTO justifying the necessity for extension of higher protection Under Article 24.2 of TRIPs – currently available only to wines and spirits- to the region-specific products of developing countries). |