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2 J. Intell. Prot. Stud. 4 (2018)

handle is hein.journals/jnloitl2 and id is 1 raw text is: Journal of Intellectual Property Studies
Vol. II, January 2018, pp. 4-7
THE JOURNEY OF GEOGRAPHICAL INDICATIONS IN INDIA: LESSONS FROM RAJASTHAN
GARGI CHAKRABARTI*
The Journal of Intellectual Property Studies ('JIPS') started its journey in 2016 with the goal of
disseminating information on contemporary intellectual property rights issues. Intellectual
property is a dynamic subject; and this journal tries to reflect the changes happening
worldwide. In furtherance of this objective, JIPS, along with National Law University Jodhpur's
('NLU Jodhpur') Department of Industrial Policy and Promotion-Intellectual Property Rights
Chair has been exploring the practical grass-root level experiences of holders of geographical
indication ('GI') in Rajasthan.
GI was given statutory protection in India after the Agreement on Trade Related Aspects of
Intellectual Property Rights, 1994 ('TRIPS') came into force, through the Geographical
Indications of Goods (Registration and Protection) Act, 1999 ('the Act'). Darjeeling tea, which
was the first GI granted in India, was earlier protected under a certification mark. After the
implementation of TRIPS, sui generis protection of GI was granted in India for three types of
goods: agricultural goods, natural goods and manufactured goods. Under manufactured goods,
handicrafts such as products of textiles and food items (including wine and spirits) are also
included.
In India, GI protection in the case of handicrafts has also been extended to products of
traditional cultural expression ('TCE'). Handicrafts (like Thewa art or Molela clay art of
Rajasthan) and textile goods (like Bagru Print or Sanganeri Block Print of Rajasthan) which are
products of TCE are protected under GI, as any other specific mechanism for protection of TCE
is yet to be available in India. Traditional culture which has been nurtured for thousands of
years by different communities is coming under the purview of GI. Hence, other emotional
factors like equity justification, promotion of customary rights, conservation of culture and
cultural heritage etc. come under the purview of GI protection. There is a positive impact of
this approach: art and handicrafts traditionally produced by different communities of different
demographic areas are now listed up.
The list of products with GI protection in India is not exhaustive. Recently, West Bengal was
granted GI protection for Rosogolla, as the 530th GI of India; however, there is a long road
*Associate Professor, Coordinator, DIPP-IPR Chair, National Law University Jodhpur.

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