Focused Study of Geographical Indications in Tamilnadu Under IPR Regime

  • P Kumaran Assistant Professor, Government Law College, Madurai, Tamil Nadu, India
Keywords: Geographical Indications, TRIPS Agreement, Old World countries, ancient culture, GIs, Madurai Malli


Geographical Indications identify a good as originating in a region where a given quality, reputation or other characteristics of the good is essentially attributable to its geographical origin. GIs indicate the rootedness of the product in the local environment which confers upon in a quality, Characteristics or a reputation, in such a striking manner that the name of the product itself includes reference to the place of origin. National Laws are increasingly under pressure from the international Laws. Geographical Indications are incorporated into the TRIPS Agreement as a result of the internationalisation of the appellation of origin, the forefather of GIs, protected as such since the beginning of the 20th Century in France. In France, the modern regime for the protection of Appellations of Origins was set up in 1905. TRIPS Agreement is fascinating to analyse in the light of the French and the European experience which are the cradle to legal protection of GIs, representing the Old World countries. India, is also an Old World Country due to its ancient culture. After the inception of the 1999 Legislation for the protection of Geographical Indications, since then India has been one of the most dynamic countries among third world countries, registering GIs at National Level, with 248 GIs registered as of June 2015 and also in Europe where Darjeeling Tea is a registered GI since 2011. In the state of Tamilnadu in India, besides, it’s well known cultural activities, many valuable treasures have been built up and maintained by the masters of that region with the best combination of nature and men, traditionally trained and handed over from one generation to the next generation of the descendents with much care and dedication to maintain the quality of their traditional innovations. Gradually, specific link between the products and its place of innovative production got evolved, resulting in the growth of Geographical Indications.

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