Having a wide range of
applications in Intellectual
Property (IP)
regimes of several countries worldwide, Geographical Indication (GI) is a sign,
symbol, or name used on products to indicate that they have originated from a
specific geographical locality and possess qualities, characteristics, and
reputation attributable to their origin. GI not just functions as quality marks
that improve export markets and revenues but also provides a precise source of
origin. In this way, it prevents unauthorized users or manufacturers from
manufacturing and selling fake products, i.e., products that don’t meet the
applicable standards in regards to that origin. For instance, as Darjeeling tea
holds a GI tag, its producers have a complete right to prevent the use of the
term Darjeeling for the tea products, which are either not produced as per the
standards set by the GI law or not grown in their jurisdictions. Though
geographical indication protection doesn’t provide the right to prevent others
from using the same technique or procedure to manufacture products similar to
those that have been granted GI tags, yet it is beneficial in protecting
unauthorized use of sign, symbol, or a name that constitutes indication.
Now, if we talk about
the designation of origin, it refers to a special kind of protection and
implies exclusive or essential natural and human factors of the geographical
environment leading to specific characteristics and quality of products and
services. It grants protection to the names or signs indicating that a product
or service originates from a specific geographical region.
Why Should
Geographical Indications and Designation of Origin be protected?
Protection of GIs and
designation of origin under the Intellectual Property Law is crucial to evade
unauthorized use and infringement. Prevention of such unlawful use will
ultimately contribute to increasing the commercial value and reputation of the
products and services. Moreover, it also benefits the general public and
consumers. For instance, by promoting good business practices and fair market
competition, protected GIs will help the customers to buy the precise products.
Furthermore, by retaining the active workforce and stimulating family farms,
especially in rural areas for developing specific and traditional products and
services, the protection of these signs is favorable to economic development as
well.
How Should the
Protection of Geographical Indications be granted?
The protection of GIs
under IP should be granted through a relevant registration procedure. GIs are
often protected under national laws and following a wide range of concepts,
like laws for the protection of certification marks, laws against unfair
competition, consumer protection laws, or special laws for the protection of
geographical indications or designations of origin. The Geographical Indication Protection provides the owner with the
right to prevent third parties from using the authorized indication on or for
the products or services that do not conform to the applicable standards and
can be obtained by acquiring right over the sign or name that constitutes the
indication. Once registered, the GI and designation of origin may be used
collectively by any of the producers (who meet the requirements) from the specific
locality.
Contrary to other
sorts of Intellectual
Property Rights (IPRs)
like a trademark, patent, Industrial Design, and more, the legal systems taking
care of this field may differ from state to state. One other considerable fact
about geographical indication or designation of origin is that these are often
used with producers’ sign or logo that can be protected under trademark with a
perspective to focus on the individual character and common characteristics of
products’ origin.
Protection of GI tags
and designation of origin not just prohibits infringement issues but also
builds a remarkable reputation worldwide. It then motivates the consumers to
buy the GI products, along with visiting the regions where these commodities
are being produced or made, and that ultimately benefit both the producers and
nations by enhancing the tourism of those areas. For more visit: https://www.trademarkmaldives.com
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