GEOGRAPHICAL INDICATIONS AS A TOOL FOR SAFEGUARDING INDIGENOUS COMMUNITIES: EVALUATING THE ROLE OF GI IN PREVENTING BIOPIRACY IN INDIA

Abstract

Geographical Indications (GIs) have become one of the most significant types of intellectual property security that acknowledges the relationship between a product and its geographic origin and traditional knowledge of indigenous and local communities. Biological resources and other traditional knowledge are being misused in misguided commercialism in the form of unauthorised commercial use in biodiversity rich nations such as India, where biopiracy threatens the rights of the community, cultural heritage and sustainable development. The traditional intellectual property systems, where unique ownership and novelty are emphasised, are not in a good position to protect intergenerational and community knowledge systems.

This paper will discuss how Geographical Indications can be used as a legal tool to protect indigenous communities and stop biopiracy in India. The paper examines national law including Geographical Indications of Goods (Registration and Protection) Act, 1999 and Biological Diversity Act, 2002, and applicable international instruments, including TRIPS Agreement and Convention on Biological Diversity using a doctrinal research methodology. Another important source used in the study is selected Indian case studies such as Darjeeling Tea, Basmati Rice, and traditional handicrafts to gauge the practical efficiency of GI protection in combating the misappropriation and the unauthorised commercial exploitation.