Geographical Indication & Recent Gi To The Mithila Makhana

7th November, 2023 - 6:42 am Categories: Geographical Indication (GI) 0 Comments

Introduction

The GI tag has been recognized as an intellectual property right under the TRIPS agreement. The Geographical Indication of Goods (Registration and Protection) Act, 1999 protects the geographical indication of that good.[1]The product which secures a GI tag is primarily an agricultural, natural or manufactured product. This act was drafted with the aim of protecting the goodsthat originated in a specific geographical area, had a value attached to them, and was produced at a specific geographical condition.

In international countries, importance is given to the Geographical indication through its laws and legislations. When a good is granted a GI tag, it is not only recognized as a valuable asset to India, but it gains importance globally. The Geographical indication has its own requirements and challenges to attain the GI tag. The GI tag boosts the economy and gives benefits to producers and manufacturers. The GI tag, when granted to a product, will create a global image. People will be encouraged to visit such regions. Ultimately, it will boost tourism in that region.

History Of Giat A Glance

Like other Intellectual property laws, Geographical indication is also intellectual property. But a thought crosses our mind, was geographical indication present before? The answer to this is, Yes. It was recognized way before it came to India. After world war I, France feared that Germany might use their wine. The Appellations of wine or spirit were included in the treaty of Versailles prohibiting the Germans from using the wine. This shows the community as a whole protecting their exclusiveness of goods.[2]

In 1883, the Paris convention was signed, giving way for protection. In the Lisbon agreement, the Appellation of origin is defined[3].The indications of the source are nowhere defined in any of the international treaties. The usage of the term is made in the Paris convention and Madrid Agreements. The indication of the source merely refers to a sign or expression that has its own origin in a specific area.

In the same year, the 1891 Madrid agreement was passed, which has been used since then to protect the GIs. Internationally the countries are divided between ones that give protection to GIs through ad hoc systems and countries through their trademark law.[4]

 Recent Gi Tag In India: Mithila Makhana

The aquatic fox nut is grown in the area of Bihar’s Mithila region and neighboring Nepal. Mithila is known by the name of “Makhan.”It is a healthy Indian snack. It is rich in nutrients like magnesium, calcium, iron and phosphorus. Mithila Makhana is of the important things in Mithila. It is highly used by the Mithila Brahmin community during the kojagara puja celebrations. It can be used to prepare various dishes from kheer (Rice pudding) to chivda. It also helps to overcome insomnia and arthritis.

[Image Sources : Shutterstock]

Earlier, GI was given to Darjeeling tea, basmati rice, Kolhapur chappal, Mysore silk, and Kashmir shawls. Now, the geographical indication label has been given to Mithila Makhana by the state. In the name of Mithilanchal Makhana Utpadak Sangh, it has been registered in the GI registry.[5] After the GI tag, no unauthorized person or company can make the benefit under a similar name. This will improve the exports in the market.

The growers will mainly be benefited as they will earn maximum profit. The GI tag will safeguard the farmers from unauthorized exports and unauthorized users. It will be simpler to earn. The GI label conveys the quality and distinctiveness which signifies the place of origin. It will boost farmers’ growth and indirectly lead to a better lifestyle. The people outside of Bihar will be able to use Mithila makhana with reverence due to geographical indication. Therefore, boosting the economy and awareness amongst the people of India about the geographical indication.

Geographical Indication And Trademark?

The geographical indication and trademarks are akin in a few ways. Both of them are granted to differentiate from other products. They both are distinctive signs in nature. Trademark and geographical indications are different from one another in many ways. The trademark is created by the intellect of a human being, whilea geographical indication is present and not created. Trademark is given to a single producer, whereas geographical indication is given to a group of producers. The time limit is fixed in the case of a trademark, but there is no such time limit for geographical indication protection to a good. In a trademark, the trademark holder becomes the owner of it. But in the case of geographical indication, it is not the case.[6]

Judicial Position Of Geographical Indication

The geographical indication is governed under the GI act of 1999. Consumers get to know the quality of the product because of the signs and symbols given to it.The geographical indication has its own complexities, like any other intellectual property. The unauthorized users, with the intention to earn money, sell it unauthorisedly. The consumers are fooled by such acts. There are numerous instances where the products have been in dispute.

Internationally, there was a landmark case in the United States Scotch Whiskey Association Case.[7] The company refrained from using the term ‘scot’ as it was creating confusion in the minds of the consumers with the original brand. The same principle was reiterated by the Delhi High Court in the cases of Time Incorporated v. Lokesh SrivastavaandAnr.[8] andMicrosoft Corporation v. Mr. Yogesh Papat and Anr.[9]

In The landmark Darjeeling tea case, the defendant named the premises as ‘Darjeeling. The defendant’s intention was to deceive the consumers into believing it was of the same origin. The court held the defendant liable and said it could adversely affect the business of that origin.Thus. Making Darjeeling tea the first product to get a GI tag in India.

The use of a deceptively similar name for a product is the infringement of the rights of the GI Tag holder, Bikanerwala v. New Bikanerwala[10]. The court restrained the defendant from using the name ‘Agarwala Bikanervala as the petitioner was using the name ‘Bikanerwala’ and registered the name in 1992.

Conclusion

In India, there have been many GI registrations till now. India still lacks awareness among the local citizens. India is behind many European countries in the number of GI registrations. It is important to protect the distinctiveness of the product, of certain reputation produced in that region. Geographical indication has its own complications. The recent GI Tag given to Mithila makhana is basically to promote more and more significance of GI. The aim was to promote farmers’ profits, protecting the distinctive characteristics of the goods. The central government also aims to promote geographical indication in India.

Author: Abhishek Singh, a student at the National University of Study and Research in Law, Ranchi, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

[1] The Geographical Indication of Goods (Registration and Protection) Act, 1999.

[2] https://www.cambridge.org/core/books/geographical-indications-at-the-crossroads-of-trade-development-and-culture/from-geography-to-history-geographical-indications-and-the-reputational-link/509A2D9FEEB3984A874F7D5FFAE06FF0

[3] https://www.wipo.int/treaties/en/registration/lisbon/

[5] https://indianexpress.com/article/business/govt-awards-gi-tag-mithila-makhana-for-farmers-profit-8102198/

[6] https://www.kashishworld.com/blog/understanding-the-difference-between-trademark-and-geographical-indication/

[7]Scotch Whisky Ass’n v. U.S. Distilled Prod, 952 F.2d 1317

[8] 116 (2005) DLT 599.

[9]118 (2005) DLT 580.

[10]2005 (30) PTC 113 Del