India and European Union have embarked on a bilateral trade & investment agreement, which envisages liberalization of trade in Goods, Investment & Service and higher protection for Intellectual Property Rights including Geographical Indications. The details of the agreement are being worked out.
The geographical indications as intellectual property rights have assumed importance in the negotiation of this bi-lateral trade and investment agreement as India is insisting on EU to extend the protection to non-food items as well under its domestic regulation protecting geographical indications. EU provides protection to mainly food items as GIs.
According to sources, European Union wants India to extend protection to hundred of its food items originating in the 27 member block. For India the list is diverse and includes food as well as handicraft items. India wants GI protection for a number of handicraft items like Kanjeevaram sarees, chikankari and kantha work, and bidri pottery as machine made handicraft items from other countries is posing a big threat to the exports which has made it important to ensure protection of traditional handicrafts.
Geographical indications, often used on food products, can be used to identify any product such as Czech crystal, Swiss watches, Indian carpets etc. that may be associated with a specific geographic place. In general, geographical indications are intended to designate product quality, highlight brand identity, and preserve cultural traditions.
The use of geographical indications allows producers to obtain market recognition and often a premium price. With the increased internationalization of food and product markets, geographical indications have become a key source of niche marketing. Geographical indications are also often associated with non-monetary benefits such as the protection of knowledge and community rights
The underlying concern of European Union for the protection of its wide array of food products is to stop them from becoming generic or acquiring a generic status. Names having a common usage in one region give rise to controversies when they are found protected in another region.
Some may claim that the geographic names, which have become commonly associated with the food products, should not belong exclusively to a specific group of producers in a specific geographic location as consumers expect these names to identify a class of products that can be produced in many locations. On the other hand, proponents of geographical indications argue that the products associated with the name have a certain quality that derives from the geographic region and specific production process used. Thus, the protection of the name helps prevent the development of a generic association thereby preserving the ability of the product to be made in the traditional manner.
While the arguments about the value and necessity of legal protection for the names of food products may be disputed, it is clear that there are foods that do contain qualities that derive from their geographical origin.
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