Legal protection of geographical indications: national and international perspective

Abstract

Enclosed Today intellectual property occupies prominent position in economic and social life. The Trade Related Aspects of Intellectual Property Rights (TRIPs) Agreement was a way forward towards proper intellectual property protection. It covered seven categories of intellectual property namely, copyright and related rights,Trademarks, Geographical Indications, Industrial Designs, Patents (which includes newlinemicro-organism and plant varieties) integrated circuits and trade secrets. As a result of the newlineAgreement on TRIPs, Geographical Indications of origin are for the first time afforded newlineinternational protection as a separate branch of intellectual property, and have newlinesimultaneously become one of the most important areas within the WTO. Geographical newlineIndications is the newest addition to Intellectual Property Rights (IPRs) and defined as newlineIndications, which identify a good as originating in the territory of a member country, or newlinea region or locality in that territory, where a given quality, reputation or other newlinecharacteristics of a good is essentially attributable to its geographical origin. The newlineconnection between the goods and place becomes so famous that any reference to the newlineplace reminds the goods being produced there and vice versa. For example, the reference newlineto District of Champagne, France brings to mind the Wine Champagne which is being newlineproduced there. newlineGeographical Indications are different from other intellectual property rights in so newlinefar as they do not involve any acts of creation like those in patents, copyrights, and newlinetrademarks. Geographical Indications are the product of important human and economic newlineinvestments and therefore deserve specific protection. newlineGeographical indications are protected in accordance with international treaties newlineand national laws under a wide range of concepts, including newline special laws for the protection of geographical indications or appellations of origin newline trademark laws in the form of collective marks or certification marks newline laws against unfair competition newline consumer protection la