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JIPR Vol.12(6) [November 2007] >


Title: A Critique of the Indian Law and Approach towards Protection of Geographical Indications with Specific Reference to Genericide
Authors: Reddy, J Adithya
Chatterjee, Siladitya
Keywords: Geographical indications
Genericide
TRIPS Agreement
Issue Date: Nov-2007
Publisher: CSIR
Abstract: The TRIPS Agreement prescribes minimum standard of protection for geographical indications (GIs) and additional protection for wines and spirits. The lack of uniform international protection, along with inability to reach global consensus to remedy this, has placed many GIs under the threat of becoming generic. Especially, the ones produced by backward, rural communities in developing countries like India, have been vulnerable to exploitation by large commercial enterprises through patenting. The Indian statute along with its rules has adapted a strong scheme of GI protection, mostly on the lines of the European Regulations. However, certain features of the Act merit serious consideration, the most important being the broad criteria given to determine genericide. The requirement to consider the situation outside the country of origin to determine such genericide, is avoidable and potentially harmful.
Page(s): 572-580
ISSN: 0971-5544
Source:JIPR Vol.12(6) [November 2007]

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