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Geographical Indications of Goods (Registration and Protection) Act, 1999: An Analysis

By Ms. Rekha S. Chavan

Published In

CLC 2006

Geographical indications of Goods is a requirement to be complied with by member countries under TRIPs. India is not new in the area of protection of geographical indications, even though the 1999 Act is completely a new piece of legislation. This article examines and analyses the various provisions of this new legislative endeavour. The issue of protection of Geographical Indication gained particular interest and attention in India only, when a patent was obtained for Basmati Rice in the United States by the Rice Tec Inc. Basmati, though, is a good example; some of the samples submitted to the commerce Ministry recently is astonishing. The Government was informed that of the 33 patent cases currently involving basmati in the international Courts, 13 relate to products other than rice. A glance into the data collected by the commerce ministry given below shows the demand for the very term 'Basmati' as a brand name.1 Aus ....

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