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ARTICLE · 01 FEBRUARY 2022

Essential Characteristics Test: A Necessity In The GI Protection Regime

Khurana & Khurana, Advocates and IP Attorneys
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With a splurge in the demand for 'organic' or 'authentic' products, Geographical Indications (GI) tag comes as an assurance to the consumers. GI protection belongs to a community...

IndiaIntellectual Property
Labdhi Golechha
Labdhi Golechha
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With a splurge in the demand for 'organic' or 'authentic' products, Geographical Indications (GI) tag comes as an assurance to the consumers. GI protection belongs to a community rather than a person and protects the brand value of traditional regional products.1 Article 22 of the TRIPS Agreement, 1995 deals with the protection of GIs and prevents its misuse.2 The Article protects those goods that have a quality, reputation, etc. essentially attributable to their geographical origin and therefore, the protection is limited to deception regarding the geographical origin of the good. India, pursuant to ratifying the TRIPS Agreement, enacted a sui generis GI Protection Act in 1999.3

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