Geographical indication, popularly known as GI, may not be a new
term for you. But, what about the Designation of Origin? Are you aware of this
phrase? Besides, are you familiar with Geographical
Indication in a complete sense? If yes, then we are proud
to appreciate you as having information regarding such crucial things is a need
of the present century and can benefit you in several ways. However, on the
other side, if you aren’t aware of what is GI or Designation of Origin, then
don’t worry as after going through this article, you will be. So, let’s start:
What is a Geographical Indication?
A geographical indication refers to a name, symbol, or sign used
on products that correspond to a specific geographical origin and possess
reputation, characteristics, and qualities that are due to that origin. Note
that to work as a GI, the name or sign must identify a product as originating
in a given place. Apart from functioning as a quality mark to improve
producers’ revenue and export markets, GI indicates the correct originating
source of the product. It prohibits unauthorized individuals or companies from
manufacturing or selling counterfeit products that don’t meet the applicable
standards set according to that region under the name holding GI tag. For
instance, producers of Darjeeling tea carrying GI tag have the legal power,
i.e., right to prevent the use of word Darjeeling on the tea commodities, which
are either not produced in their jurisdictions or failed to meet the standards
set by the GI law. With the GI tag, one can prevent unauthorized production or
selling of fake products under authorized identity, but not the use of the same
technique or procedure used to produce products similar to those are holding GI
tag.
What is the Designation of Origin?
Protected Designation of Origin refers to the name of a specific
area or geographical region recognized by official rules to create products
with characteristics associated with that location. We can also define it as a
type of legal protection that implies inherent or exclusive natural and human
factors of the geographic conditions resulting in specific quality and
characteristics of the products or services. The designation of origin protects
names or signs, which indicates that a product originates from a particular
geographical region.
Why Is Protection of Geographical Indication or
Designation of Origin Essential?
Geographical indications are recognized by consumers to denote the
quality and origin of products that have acquired valuable reputations, which,
if not adequately protected, can be misrepresented by fraudulent commercial
operators. That’s why the protection of both GIs and designation of origin is
essential. Effective protection of these two legal systems is likewise
beneficial to consumers and the general public. How? By promoting fair market
competition and business practices, protected GI and designation of origin will
assist the consumers in buying quality products. Moreover, by preserving the
active workforce and stimulating family farms, especially in rural areas to
develop traditional and specific products and services, the protection of these
signs is helpful in the economic growth of the nation.
How Can the Protection of Geographical
Indications be obtained?
The protection of GIs under Intellectual
Property (IP) can be obtained easily through
registration. These are usually protected under country-specific IP
Law and by following the concepts such as consumer
protection laws, laws for the protection of certification marks, special laws
for the protection of geographical indications or designations of origin, or
laws against unfair competition. Once obtained by accomplishing the
registration procedure appropriately, the Geographical
Indication Protection facilitates the original producer with the right
to prevent others from using the authorized indication for products that don’t
conform to the applicable standards. The registered GI and designation of
origin can be used by all producers who meet the requirements and are from the
specific locality. Geographical indication and designation of origin are often
used with the name, logo, or sign that can be protected under an
exclusive Intellectual Property Right (IPR), i.e., a
trademark with the perspective to emphasize the individual character and
general characteristics of products’ origin.
At last, we can conclude that GI and designation of origin are the
best sources to avoid infringement concerns and build a remarkable reputation
that makes the consumers worldwide to buy the specific product. Besides
increasing the sale of the registered product, these two legal systems enhance
tourism in areas where these products are being made by exciting people to
visit there. In this way, these ultimately prove beneficial to not just
producers but the entire nation. ✅ For view-source: https://bit.ly/2WZ3PZC
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