| Abstract: |
Geographical indications (GIs) identify goods whose given quality, reputation or other characteristic is essentially attributable to their geographical origin. For a country as agro-climatically and culturally diverse as India, GIs are simultaneously instruments of rural livelihood, cultural preservation and export competitiveness. Yet the legal architecture securing Indian GIs abroad remains uneven. This paper critically evaluates the adequacy of India's domestic GI regime and the international instruments available for cross-border protection. It argues that the territorial character of GI rights, India's non-participation in the Lisbon system, and the asymmetric protection afforded by the TRIPS Agreement to non-wine products together leave flagship Indian GIs exposed to misappropriation, genericide and trademark capture. Drawing on the Darjeeling and Basmati controversies, it identifies enforcement, registration and branding deficits, and benchmarks India against the European Union, France, Italy and China. The paper concludes that statutory compliance alone is insufficient, and proposes a coordinated reform agenda spanning treaty accession, bilateral recognition, traceability technology and producer-centred commercialisation. |
