Record Details

Additional Protection for Geographical Indications in India: A Working of Section 22 (2) of Indian GI Act

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Title Additional Protection for Geographical Indications in India: A Working of Section 22 (2) of Indian GI Act
 
Creator Lukose, Lisa P
 
Subject Geographical Indication
Additional Protection
TRIPS Agreement
Section 22 (2) Notification
Higher Level Protection
 
Description 325-332
While Article 22 of the TRIPS Agreement grants a common minimum standard of GI protection to all goods, by virtue
of Article 23 of TRIPS, ‘wines and spirits’ are given a higher level or additional protection, which is a complimentary
protection in addition to the Article 22 common protection. At the national front, India has the highest registrations of GIs in
agricultural and handicrafts classes of goods. Section 22 (2) and (3) of Geographical Indications of Goods (Registration &
Protection) Act, 1999 enable India to grant additional protection to ‘certain goods’ - the expression ‘certain goods’ is not
defined in the Act. Section 22 (2) grants the Central Government, the authority to provide additional protection to certain
class of goods by publishing a notification in the Official Gazette to that effect. When Article 23 of TRIPS Agreements
qualifies only wines and spirits for higher level protection; the Indian GI statute does not restrict the additional protection to
any specific class/es of goods. This paper critically examines the ‘working of section 22 (2) of Indian GI Act.’
 
Date 2022-09-29T07:00:57Z
2022-09-29T07:00:57Z
2022-09
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/60565
https://doi.org/10.56042/jipr.v27i5.62742
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.27(5) [September 2022]