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'Ladakh Sea Buckthorn' Receive GI tag

  • 22 Nov 2023

Recently, the Geographical Indication Registry, under the Ministry of Commerce & Industry, Government of India, has recently awarded the GI tag to 'Ladakh Sea Buckthorn,' marking a significant milestone for the region's farmers.

Key Points

  • GI Tag for Ladakh Sea Buckthorn: In a noteworthy development, the Department of Industries & Commerce, Ladakh, is now the Registered Proprietor for 'Ladakh Sea Buckthorn' in Class 31.
  • Farmer Enthusiasm in Kargil: Farmers in Kargil express excitement over the special recognition for Sea Buckthorn, a highly profitable crop in UT Ladakh, with 90% of the production originating from the region.
  • Focus on Agriculture Sector: Post the Union Territory status for Ladakh, the Agriculture Sector has witnessed significant progress, with special attention from the government. Out of the four GI tags granted, two are directly linked to the Horticulture Sector, providing a boost to farmers.

Definition and Purpose of GI Tag

  • Geographical indication rights empower authorized users to prevent third parties from using the indication if their product does not meet relevant standards.
  • A geographical indication is a label affixed to products originating from a specific geographical area, known for unique qualities attributed to that origin.
  • Application across Sectors: Geographical indications are commonly applied to agricultural products, foods, wine and spirits, handicrafts, and industrial products.
  • Duration of Registration: Geographical indications can be registered for ten years, with the possibility of renewal for an additional ten years.

Geographical Indications (Background)

  • Legislation and Enforcers
    • The Geographical Indications of Goods (Registration and Protection) Act, 1999, enacted in December 1999, aims to enhance the registration and protection of geographical indications in India.
    • Enforced by the Controller General of Patents, Designs, and Trade Marks, serving as the Registrar of Geographical Indications.
  • Registry Location and Commencement
    • The Geographical Indications Registry is situated in Chennai.
    • The Act came into effect on September 15, 2003.

Accords and Regulates GI

  • International Level
    • The Paris Convention for the Protection of Industrial Property recognizes geographical indications.
    • The World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) governs geographical indications.
  • In India
    • Geographical Indications registration is governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999.

Significance of GI Tags

  • Protection Mechanism
    • Geographical indication rights allow authorized users to prevent unauthorized use, ensuring adherence to specified standards.
    • Example: Darjeeling tea producers can restrict the term "Darjeeling" for tea meeting defined standards.
  • Impacts on Rural Development
    • Supply chain organization around shared product reputation.
    • Price increases and stability for GI products.
    • Value addition at all supplies chain levels.
    • Preservation of natural resources.
    • Preservation of traditions and expertise.
    • Potential enhancement of tourism.

Protection

  • Methods of Protection
    • sui generis systems (special protection regimes)
    • Collective or certification marks
    • Business practices (e.g., administrative product approval schemes)
    • Unfair competition laws
  • Diverse Approaches
    • Approaches vary on conditions for protection and the scope of protection.
    • Sui generis and collective or certification mark systems share similarities, establishing rights for collective use by those meeting defined standards.
    • Protection is implemented across countries and regional systems, employing a combination of approaches based on legal traditions and historical contexts.