Place of origin matters..!

Some products or particular goods originate from a specific region or locality and has some special characteristics, qualities or reputation which is attributable to the place of origin. There are various factors governing this like the climate, soil, temperature, moisture and raw materials utilised the process of manufacturing or traditional methods and surely the human efforts that go in the preparation of such product. To make it more simple GI is a sign used on products that have a specific geographical reputation that is due to that origin. It promotes economic prosperity and boosts the exports also preserves cultural identity. In textile and handicrafts industries, fruits and nuts, Ayurvedic products – Triphala ashwagandha beverages etc.    
Here are some examples – Darjeeling tea, solapur bed sheets, oranges of Nagpur, kanjivaram silk and Swiss watches, kolhapuri chapals.

The significant difference between trademark and GI is that trademark is created to inform the consumers about the product while GI is identified by the particular place from which it originates. To determine the quality, reputation and characteristics a trademark can be licensed or assigned to anyone in the world for consideration and is owned by a particular company and not by a geographical place. Usually with GI the name of the place is always associated before the product for eg: Ratlam ki sev, Mathura ke pedhe, banarasi pan, amritsari chole, delhi chaat, ratnagiri hapus mangoes (local).

Special laws are also assigned to the protection of GIs, trademarks laws in from of collective marks and certification marks are intertwined with GIs. Consumer protection and laws against unfair competition etc. 

The reason why GI has thrived in recent years is as it fuels the marketing strategies and is used as a tool to grab the attention of the masses. Consumers want their product to be of certain quality & character that they may value. This has favoured the development of specific local markets or craftsman to produce such products linked to the place of origin. It gives the manufactures an added advantage as the good already has a goodwill attached to it due to GI.

BY

KASTURI MORE

LLB 1st Year

YASHWANTRAO CHAVAN LAW COLLEGE, PUNE

Baskaran & Associates is a well established law firm managed by Adv. H.B. Keshava. We specialize in multiple areas of law such as Intellectual Property Rights, Technology Laws, Labor Laws, Business Laws, ADR, Criminal Laws and Cybersecurity Laws. We are based out of Pune and Chennai, but have been handling clients from all across the country. We have a team of the best individuals comprising of Advocates, Patent Agents, Charted Accountants and Company Secretaries. We aim to serve, provide and help businesses grow.

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