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JIPR Vol.11(3) [May 2006] >

Title: The Melton Mowbray Pork Pie Case: Lessons for India?
Authors: Nair, Latha R
Keywords: Melton Mowbray
geographical indications
EC Regulation 2081/92
TRIPS Agreement
generic term
traditional knowledge
Issue Date: May-2006
Publisher: CSIR
Abstract: The recent decision of the High Court of UK in the Melton Mowbray case raises relevant issues regarding protection of geographical indications for a developing country like India, which has an abundance of products that could be registered as geographical indications. However, before one embarks to register these names, it is relevant to examine whether these products still qualify as geographical indications or have become generic terms by disuse and lack of protection. Also, there are certain prerequisites to be met before registering a geographical indication such as putting in place systems for quality control and arriving at a consensus among the producers to follow uniform methods of production so that the consumer gets end products of consistent quality. Absent such exercise, not only bona fide users of generic names are displaced but also consumers are deceived into buying products that do not really possess any unique characteristics. This article, besides analysing the Melton Mowbray case, examines the concept of protection of geographical indications and the lessons India may learn from the decision.
Page(s): 185-191
ISSN: 0971-7544
Source:JIPR Vol.11(3) [May 2006]

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