You are here

The Protection of Geographical Indications in India
Share

The Protection of Geographical Indications in India
A New Perspective on the French and European Experience


Series:
SAGE Law
Other Titles in:
Law (General) | Legal Issues

© 2015 | 316 pages | SAGE Publications Pvt. Ltd

The How and the Why of protecting the unique identity of local products in the age of globalization.

‘It is decreed that no wine merchant can mix two wines together. Disregarding this law can entail a loss of wine and a ­
fine’, and with these words a certain king of France in 1351 gave birth to what we now know as geographical indications (GIs). From the aromatic Basmati rice to the rich taste of Darjeeling tea in India and from the sparkling white wine of Champagne to the blue cheese of Roquefort in France, all locale-specific products are protected by GIs. The book compares the case of India with that of France where GIs originated and investigates how India has successfully extended its GIs to handicrafts while France and Europe still remain con­fined to foodstuff. It is a significant study in light of the increased Trade-Related Aspects of Intellectual Property Rights and World Trade Organization regime. 

A must-have for producers, practitioners, lawyers, policy makers, researchers, academics and students of law.

 

 

 
Foreword by Dev S. Gangjee
 
Preface
 
Acknowledgements
 
Introduction
 
I: GLOBALIZATION, GEOGRAPHICAL INDICATIONS AND THE ‘INDIAN IDENTITY'
 
India and Globalization, Opportunities and Risks
 
An Analysis of the Diversity of Legal Concepts Underlying GIs
 
GIs on Handicraft Goods in India Compared to France/Europe
 
Indian GIs for Agricultural Goods? Uniqueness Justified by Natural and Historical Factors
 
II : THE PECULIARITIES OF THE ROLE OF THE STATE FOR THE PROTECTION OF GIS IN INDIA, COMPARED TO FRANCE AND EUROPE
 
The Influence of WTO on the Role of the State in the International Protection of GIs
 
The Decline of the Role of the State in France and Europe
 
The Interventionism of the Indian State
 
The Legitimacy of the Involvement of the Indian State
 
III : AN ESSAY ON THE PARTICULARISM OF GIS AS INTELLECTUAL RIGHT
 
An Intellectual Right Characterized by the Dismemberment of the Right to Use
 
A Collective Right to Use Tinted with Public Law
 
General Conclusion
 
Bibliography
 
Index

The book is quite comprehensive and possibly the most important book that has been written on the experience of Geographical Indication (GI) in India. No serious researcher working on GI issues can possibly avoid reading it. But it is also useful for general readers with an interest in GI and India’s traditional knowledge in general and handicrafts in particular.

Foreign Trade Review, 21 May 2018

Preview this book

For instructors

This book is not available as an inspection copy. For more information contact your local sales representative.

Select a Purchasing Option

ISBN: 9789351502739
£47.99