QUESTION-Prelims-IAS – ECONOMICS MCQ-37
- Geographical Indications of Goods are defined as that aspect of industrial property which refer to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product.
- GI status conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country.
- Geographical indications are used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.
- Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs.
- They are also covered under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations.
- India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 has come into force with effect from 15th September 2003.
- Geographical indication promotes the craft and knowledge of local people.
- It also increases the price and increases the brand value of local product; it leads to greater income to the local communities.
- A GI is a indication which shows that a particular agricultural, natural or manufactured good originates from a definite geographical territory.
- The main aim of GI tag is to promote economic prosperity of producers of goods produced in a geographical territory.
- A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises.
- Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.
- The GI is not licensed but has to be registered with Registrar of Geographical Indications.
- Compulsory Licensing is provided in the TRIPS agreement which allows a government to temporarily override a patent to meet a public health crisis.
- Parallel Importation is another safeguard which allows importation of drugs from another country where they are sold at a lower price to meet a public health crisis.
- DIPP deals with following legislations:
- The Patent Act, 1970(finally amended in 2005) through the patent Offices at Kolkata Head Quarter at Mumbai, Chennai and Delhi.
- The Designs Act, 2000 through the patents Offices at Kolkata, Mumbai, Chennai and Delhi.
- The Trade Marks Act, 1999 through the Trade Marks Registry at Mumbai (HQ) Chennai, Delhi, Kolkata and Ahmadabad.
- The Geographical Indications Of Goods (Registration and protection) Act, 1999 through the Geographical Indications Registry at Chennai.
- MFN status essentially means normal trade among member countries and doesn’t ask for special treatment to any country.
- In WTO, there is no way of enforcing the verdict of the dispute settlement body.
- Special Safeguard Mechanisms (SSMs) are set of provisions through which a WTO member country can temporarily impose higher than bound tariff rates on the import of a particular agricultural product if there is a sudden surge in imports of that product into the country.
- The SSM provisions are available to all developing and least developed country members of the WTO.
- World Bank publish the ‘Global Economic Prospect’s Report periodically.
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