Which ‘geographical indicators’ has not been recognized for patent protection?

Asked 11-Mar-2018
Updated 29-Apr-2023
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Which ‘geographical indicators’ has not been recognized for patent protection?



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Which geographical indicators has not been recognized for patent protection

Geographical Indications (GIs) are indications that identify a good as originating in a particular territory, region, or locality where a given quality, reputation, or other characteristic of the good is attributable to its geographical origin. In many countries, GIs are protected through a system of intellectual property rights, which can include trademark registration, certification marks, or other forms of legal protection. However, not all GIs are eligible for patent protection.

Patent protection is a form of intellectual property protection that grants exclusive rights to an inventor or holder of a patent for a limited period of time, typically 20 years from the date of filing. Patents protect inventions and innovative products, processes, and methods of production, but they do not cover geographic indications or the use of geographic names.

While GIs are not eligible for patent protection, they can be protected through other forms of intellectual property rights, such as trademark registration, which provides legal protection against the unauthorized use of the GI by others. In India, for example, GIs are protected under the Geographical Indications of Goods (Registration and Protection) Act, which provides legal protection for GIs and establishes a system for the registration and protection of GIs in India.

Some well-known GIs that have been recognized for legal protection include Champagne, Darjeeling tea, and Roquefort cheese. These products have unique qualities and characteristics that are directly linked to their geographical origin, and their names are protected under trademark law to prevent their unauthorized use by others.

However, not all GIs are recognized for legal protection, as some may not meet the necessary criteria for eligibility. For example, a GI may be too generic or descriptive to be eligible for protection, or it may be too difficult to define the exact boundaries of the geographic region where the product is produced.

In some cases, the recognition of a GI for legal protection can also be controversial. For example, the use of certain geographic names may be contested by different regions or producers who claim ownership of the name. This can lead to disputes and legal challenges over the use and protection of GIs, as well as questions about the authenticity and quality of products associated with the name.