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Status of Geographical Indications in India, Especially Karnataka Manjunatha, N www.ssoar.info Status of Geographical Indications in India, Especially Karnataka Manjunatha, N. K. Veröffentlichungsversion / Published Version Zeitschriftenartikel / journal article Empfohlene Zitierung / Suggested Citation: Manjunatha, N. K. (2016). Status of Geographical Indications in India, Especially Karnataka. Third Concept, 30, 32-39. https://nbn-resolving.org/urn:nbn:de:0168-ssoar-53235-4 Nutzungsbedingungen: Terms of use: Dieser Text wird unter einer Free Digital Peer Publishing Licence This document is made available under a Free Digital Peer zur Verfügung gestellt. Nähere Auskünfte zu den DiPP-Lizenzen Publishing Licence. For more Information see: finden Sie hier: http://www.dipp.nrw.de/lizenzen/dppl/service/dppl/ http://www.dipp.nrw.de/lizenzen/dppl/service/dppl/ the degree and form of exploitation varied with justice and his contributions in this regard is one’s belonging to particular caste disturbed him difficult to put in words. Yet it is the the most. Dr. Ambedkar observed that the responsibility of each one of us to carry forward untouchables were the lowest paid group and the legacy of the great statesman and this can be forced to work under inhuman conditions so to best done by being just, fair, impartial at our end improve upon their social and economic and by not remembering Dr. Ambedkar just as a conditions he strongly advocated for urbanisation visionary of a caste-less society, but as one who and industrialisation. stood for gender justice, labor justice, economic justice and for equal distribution of opportunities He stood for bringing in land reforms and insisted for one and all. He stood not just for the Dalits, that agriculture should be a state-owned industry but for all victims of inequity. requiring the state to acquire all land and give compensation to the land owners in proportion References to their land and the cooperative farming should 1. Thorat, Sukhdeo, 2004. “The Hindu Social be followed, this would save the workers from System and Human Rights of Dalits”, Critical the dominance of land-owners and also of the Quest, New Delhi. money-lenders, who are by and large responsible for the continually deteriorating conditions of 2. Ambedkar, B. R. (2005). Writings and people in villages, especially the landless people. Speeches, Education Department, Government of Maharashtra, Bombay, 2005, From the works he has done and the relentless Vol 17 (III). efforts that Dr. Ambedkar made towards establishing justice at all fronts, it can be 3. Singh Janak, (2010) Dr. B.R. Ambedkar: The deciphered that he was a crusader of social Messiah of The Down-trodden. Kalpaz publications, Delhi. Status of Geographical Indications in India, Especially Karnataka N K Manjunatha* [Presently, in India the Geographical Indications (GI) have emerged as an important form of Intellectual Property Rights (IPR) issue. GI provides the producers of a region the exclusive right to use the indication for their products originating from that region. It also means that they have the right to prohibit any unauthorized use or imitation of the sign on a product that is not from the designated area or which does not have the qualities guaranteed by the GI. In India Twenty eight states have registered geographical indications, among them Karnataka alone registered 33 geographical indications up to 18th November 2015.It is around 14.47% of the total registered geographical indications in India. When it comes to enhancing the brand value of geography- specific products, Karnataka gets highest number of GI tags in India.] rticle 22.1 of the TRIPS Agreement World Trade Organization], or a region or defines geographical indications as locality in that territory, where a given quality, A“…indications which identify a good as reputation or other characteristic of the good is originating in the territory of a Member [of the essentially attributable to its geographical origin”. A geographical indication is a sign used * Dept of Geography, Rani Channamma University, Belagavi, Karnataka. on products that have a specific geographical 32 THIRD CONCEPT, SEPTEMBER 2016 origin and possess qualities or a reputation that biological diversity. The GIs will help the state are due to that origin. maintain exclusivity about its products. The word ‘geographical indication’ was used for Benefit of Registration of Geographical the first time in international Intellectual Property Indications laws in the TRIPS Agreement of the WTO, which 1. It confers legal protection to Geographical came into force in 1995.In India the legal system Indications in India, of GIs of Goods (Registration and Protection) Act was enacted in 1999 and has come into force 2. It prevents unauthorized use of a registered in September 2003 (hereafter called GI Act). Geographical Indication by others. Presently, in India the Geographical Indications 3. It boosts exports of Indian Geographical (GI) has emerged as an important form of indications by providing legal protection. Intellectual Property Rights (IPR) issue. GI provides the producers of a region the exclusive 4. It promotes economic prosperity of producers. right to use the indication for their products 5. It enables seeking legal protection in other originating from that region. It also means that WTO member countries. they have the right to prohibit any unauthorized use or imitation of the sign on a product that is Difference between Geographical Indication not from the designated area or which does not and trade mark have the qualities guaranteed by the GI. Geographical indications and trademarks are It is mainly used to identify the agricultural, distinctive signs used to distinguish goods or handicraft; manufacturing goods from the services in the marketplace. Both convey particular territory which has built up a good information about the origin of a good or service, will in the market due to the special and enable consumers to associate a particular characteristics like temperature, humidity, soil quality with a good or service. Trademarks inform etc. linked with the territory that are unique. The consumers about the source of a good or service. geographical indication is generally possessed They identify a good or service as originating by a community which belongs to that particular from a particular company. Trademarks help location. A Geographical Indications Registry consumers associate a good or service with a with all India jurisdictions operates, as per the specific quality or reputation, based on Geographical Indication of Goods (Registration information about the company responsible for and Protection) Act 1999. producing or offering it. Out of the 237 products that now have the GI tag Geographical indications identify a good as up to 18th November 2015 in India, 33 are from originating from a particular place. Based on its Karnataka. The latest to get the GI tag from place of origin, consumers may associate a good Karnataka is the ‘Bangalore Rose Onion,’ which with a particular quality, characteristic or is exclusively grown in Bangalore, has managed reputation. A trademark often consists of a to get the most desirable Geographical Indication fanciful or arbitrary sign that may be used by its tag. It is the 217th product in India to get the tag. owner or another person authorized to do so. A It is grown in one of the 16 taluks of Bengaluru trademark can be allotted or licensed to anyone, rural, Kolar and Doddaballapur. anyplace in the world, because it is connected to a specific company and not to a particular place. The lead taken by Karnataka State in getting GIs for its products augments the efforts made by both In contrast, the sign used to denote a GI usually the government and voluntary organizations to links to the name of the place of origin of the protect and promote the state’s cultural and good, or to the name by which the good is known in that place. A GI may be used by all persons THIRD CONCEPT, SEPTEMBER 2016 33 who, in the area of origin, produce the good mountains, there are plateaus, residual hills and according to specified standards. However, coastal plains. because of its link with the place of origin, a GI Database and Methodology cannot be assigned or licensed to someone The present paper aims to study the current outside that place or not belonging to the group scenario of Geographical Indications in India of authorized producers. with special reference to Karnataka based on Objectives secondary data obtained from Legal books, journals, magazines and newspaper articles, To explore the current scenario of GIs that has reports of the governments, material from the been registered in Karnataka. world wide web especially the World Trade The main aim of this study is to analyze the current Organisation, the World Intellectual Property scenario of Geographical Indications in Organisation, and GI Registry Office, Chennai. Karnataka state during 2003 to 2015. The methodology includes the preparation of graphical representations like Bar graphs, Pie- Study Area diagram for a more effective representation of Karnataka has a special geographical location the data. Moreover simple mathematical with plenty of rivers, hills, valleys, plains, forests techniques are used to calculate the percentages. and resources. Karnataka state is having a lengthy The status of geographical indications in India history of over 2,000 years, which has left many The trends and patterns in the year-wise beautiful forts, tanks, temples, mosques and distribution of GIs in India show that (see table - towns of historical importance to the posterity. 1), there is an overall increase in the number of The study area of this paper extends from 11°35’ registered GI products. Only three 3 products North and 18°30’ North latitudes and 74°5’ East were registered in the first year 2004-05. The and 78°35’ East longitudes. Karnataka is located number of products registered under GI recorded in the western half of the Deccan plateau, a significant increase in the year 2005-06.
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