ANSWER 5-

Recently amidst COVID 19 pandemic which has created a hoax on global economy Prime
Minister Narendra Modi has announced an economic package to boost India's economy in the
center's 'Atmanirbhar Bharat Abhiyan' or 'Mission Self Reliant India' to mitigate the burden of
economic losses sustained by migrants and farmers. The package will constitute India's 10%
GDP with a total of ₹20 lakh crores.

Finance Minister Nirmala Sitharaman also said the centre will invest Rs 10,000 crore to
promote healthy food, organic and other products linked to well-being by forming clusters of
producers in states where certain items are unique to them or they have a natural advantage in
growing them. For example, kesar in Jammu and Kashmir, makhana in Bihar, turmeric in
Telangana and bamboo shoot in the northeast.

India has 361 products with geographical indication or GI tags, a sign used on products that have
a specific geographical origin and possess qualities or a reputation that are due to that origin.
And around 1500 products from India have reportedly been identified as having the potential to
get registered as GIs.

Section 2(e) of the GI Act, 2003 defines ‘geographical indications’ in relation to goods to mean:

“An indication which identifies such goods as agricultural goods, natural goods or
manufactured goods as originating, or manufactured in the territory of county, or a
region or locality in that territory, where a given quality, reputation or other
characteristic of such goods is essentially attributable to its geographical origin and in
case where such goods are manufactured goods one of the activities of either the
production or of processing or preparations of the goods concerned takes place in such
territory, region or locality, as the case may be.

Section 2 (g) of the act defines meaning of indication

The word indication has also been defined to include:

(i) any name (including abbreviation of a name)

(ii) geographical or figurative representations; or
 (iii) any combination or suggest the geographical origin or goods to which it applies.

Section 2 (f) of the act defines concept of goods

The Act also defines ‘goods’ to mean any:

(i) Agricultural goods.

(ii) Natural goods.
(iii) Manufacturing goods.
(iv) Goods of handicraft and foodstuff.

Registration of GI is not compulsory in India. If registered, it will afford better legal protection to
facilitate an action for infringement. Once a GI is registered in India, it becomes relatively easier
to seek protection in other countries, particularly the member countries of WTO.

There were three alternative ways in which the then existing legal systems of the country could
be utilized for preventing the misuse of GIs.

(i) under the consumer protection laws;

(ii) through passing off action in courts; and
(iii) through certification trademarks.

Significance of GIs in India

By registering certain products under GI act 2003 these products will have the following
significance with GI Tag.

a. GIs become significan by providing recognition and legitimacy to producers making and
marketing goods linked to their geographical origin; thus “institutionalising the
reputation” of goods being protected.

b. GIs also give indigenous producers the opportunity to operate in a niche market of
specialised goods based on diferentiation of products to earn higher profits, and use the
geographical origin of the goods as a means to sell them better. This helps to revitalise
lagging markets of traditional goods and save such industries from dying out in a country
like India. Further, GIs are an effective marketing tool, as they are brands in themselves.
 Therefore, any product with the label of a GI assures a high quality to its consumer; and
this is sufficient to attract customers willing to pay for the same.

c. Protection under GIs could help boost exports, consequentially hiking foreign exchange
earnings; whilst simultaneously protecting the exclusiveness, heritage and traditional
skills of those making such products.

d. GIs, being collective rights, are best suited to protect the interests of communities which
have developed unique goods. These rights protect these goods from being hijacked by
corporations; and reward the true owners and creators of such products. They also
promote the evolution of tradition and culture. Small local producers can use them to
enhance their reputations, and compete more effectively against large corporations.

e. GIs can also act as effective tools of rural development. Many, if not most, of the goods
which are eligible for GI protection originate from villages. Unique and typical products
are often developed in these villages and rural communities based on their culture and
circumstances, as a result of the interaction of local knowledge and environmental
conditions. GIs can be used to give small local producers a way to compete against
corporations. They can also publicise the region that GIs use for the names. GIs further
help to protect indigenous knowledge, by keeping it in the public domain, and granting
rights to the producers in perpetuity; which helps to not only protect the traditional
knowledge but also make sure it is not lost over time.

f. An effective GI mechanism can not only empower a single producer, but also entire
communities which produce goods unique to a geographical region. GIs foster local
production and generate employment in these areas. Further, they may even build up
ancillary industries like tourism, which can help in the socio-economic development of
the area.

g. GIs can also be of a huge benefits to the consumer. Sellers often dupe consumers into
buying inauthentic goods by misrepresenting that the goods come from a particular
region. These “piggyback riders” have a dual detrimental effect- firstly, that of cheating
 innocent consumers; and secondly, by devaluing the authentic product by passing of fake
goods of poorer quality as the real ones. GI protection to the goods will ensure that only
producers who belong to the geographic region from where the unique good originates
can use the particular name to sell the goods; thus protecting consumers from being
cheated by unscrupulous sellers. This would also ensure that the value of the original
good is not damaged.

Thus, it can be seen that an effective GI mechanism serves multifarious goals; producer
protection, fair competition, foreign trade, rural development, and consumer protection, to name
a few. All of these are goals are of especial importance in a developing country like India.

B. The year 2020 is seeing a growing trend of an inclination towards indigenous foods and
locally grown produce. In keeping with this trend, two of our Indian states' famous foods got
their very own Geographical Indication (GI) tags. The tag is awarded to products which have a
specific origin and are known to possess properties due to the place where they are originally
grown. There are a number of foods across India which have been awarded the tag such as
Darjeeling Tea, Bikaneri Bhujia, Karnataka's Mysore Pak or even the famous Nagpur Orange.
The food that received the GI tag in recent times is the Manipuri Black Rice also known as
Chak-hao. The Chak-Hao is locally called as black rice, but the Manipuri people say that it is
actually deep purple in colour. The Manipuri black rice has a lot of health benefits and is also
completely gluten-free. There is also a special aroma that comes with consumption of the black
rice. Apart from its high content of vitamins and minerals, the black rice is also rich in an
antioxidant called Anthocyanin. It is also great for hair and skin, and is loaded with fibre and
iron.

ii. The second food item that has made it to the Geographical Indication (GI) list is the Kashmiri
Saffron. The unique identity and excellent quality of the indigenously produced spice has given
it this honour. The health benefits of Kashmiri Saffron are manifold, from helping in the
treatment of cold and fever to aiding the process of learning and memory retention. It is no
surprise that the aromatic and flavourful spice is a must-have in the kitchen, especially when
cooking biryani or being had with milk or yogurt. The GI tag is the equivalent of a trademark,
thus giving protection to local farmers and producers of the goods.
Also, in 2018 few more products where registered as edibles of Indian origin for GI. India’s GI
registry has a selection of items that fiercely arrest culinary imagination, often emblematic of a
place or community. There are 97 registered edibles of Indian origin for GI some of them are:
Mysore Betel Leaf (Mysore veelyedele), Karnataka, Cashew Feni, Goa, Tirupati Laddu, Andhra
Pradesh, Monsooned Malabar Coffee, Karnataka, Naga Mircha / Naga King Chilli, Nagaland.

Thus the answer can be concluded by saying that GIs in India are still at a developing stage, and
the goods to be protected are quite numerous. There is a lot the government can do in this regard,
India needs to wake up and realise the importance of a proper enforcement mechanism for GIs. It
is high time that effective steps are taken to fill in the gaps in the system.