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Effects of the extension of geographical indications: a South Asian perspective

Author

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  • Surbhi Jain

    (Deputy Director, Department of Commerce, Ministry of Commerce and Industry, New Delhi, India)

Abstract

Geographical indications (GIs) associate names and places or production areas with products. They are distinctive signs that permit the identification of products on the market. GIs make it possible to add value to the natural riches of a country and to the skills of the population, and they give local products a distinguishable identity. If they are used in the proper way and are well protected, they can become an effective marketing tool of great economic value. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which has more than 130 signatories, is the first international treaty to protect GIs through substantive provisions. In it, however, a clear distinction is made between the level of protection provided to wines and spirits and that provided to other products. Many countries, therefore, are actively working within the World Trade Organization to extend the existing protection that the Agreement grants to GIs for wines and spirits to GIs for all products. This paper is an attempt to analyse the issues relating to the scope extension of GIs under the TRIPS Agreement, especially with regard to South Asian countries. The paper argues that South Asian countries should equip their international property rights regimes to effectively protect the reputation of their geographical indications and their intrinsic qualities. In addition to the benefit of economies of scale, this would offer their products new opportunities in a competitive global market.

Suggested Citation

  • Surbhi Jain, 2009. "Effects of the extension of geographical indications: a South Asian perspective," Asia-Pacific Development Journal, United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), vol. 16(2), pages 65-86, December.
    • Handle: RePEc:unt:jnapdj:v:16:y:2009:i:2:p:65-86
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    File URL: http://www.unescap.org/sites/default/files/apdj-16-2-3-Jain.pdf
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    References listed on IDEAS

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    1. Kasturi Das, 2007. "Protection of Geographical Indications: An Overview of Select Issues with Particular Reference to India," Working Papers id:1078, eSocialSciences.
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    Cited by:

    1. Chuthaporn Ngokkuen & Ulrike Grote, 2012. "Challenges and opportunities for protecting geographical indications in Thailand," Asia-Pacific Development Journal, United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), vol. 19(2), pages 93-123, December.
    2. Alicia Ory DeNicola, 2016. "Asymmetrical indications: Negotiating creativity through Geographical Indications in north India," Economic Anthropology, Wiley Blackwell, vol. 3(2), pages 293-303, June.

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