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Question

What is a GI tag? Discuss the problems and benefits associated with GI Tags.

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Solution

A name or sign used on certain products which coincides to a specific geographical location or origin (e.g. a town, region, or country) is a geographical indication (GI). The purpose of a geographical indication may act as admittance that the product possesses certain attributes, is made according to traditional methods, or enjoys a certain prominence due to its geographical origin.
For example – Mysore silk is a unique handicraft from Karnataka.
A popular spice named Uttarakhand tejpatta used in this hilly region has been accorded a GI certificate making it the first product primitive to the state to have made it to this list. Spices – Alleppey Green Cardamom under the agricultural sector from Kerala.

Issues with GI tag
Off late, there has been a rise in disputes over the question of place of origin of the product under consideration. This gets aggravated due to lack of clear historical evidence. For ex: the disputes surrounding the origin of Rasgulla, a popular dessert, from eastern India. Both West Bengal and Odisha claim that the dessert originated in their own states. By ‘winning’ a GI tag, each state is looking to promote their own cultural and regional jingoism over the other.
  • This sort of unhealthy competition tends to polarise the country on regional, cultural and linguistic lines.
Most states in their rush to corner as many GI tags as possible have forgotten to pay attention to enhance the value of products already having a GI tag. As a result, neither the local community nor the customer is benefitting economically. This trend undercuts the very idea of GI protection to native endemic products

Benefits of Geographical Indication Status?

The GI registration confers:
  1. Legal protection to the products
  2. Prevents unauthorized use of a GI tag products by others
  3. Helps consumers to get quality products of desired traits and is assured of the authenticity.
  4. Promotes economic prosperity of producers of GI tag goods by enhancing their demand in national and international markets.
Significance of GI Tag
A geographical indication right facilitates those who have the right to use the indication to prohibit its usage by a third party whose product does not conform to the applicable standards. For example, in the purview in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can omit the term “Darjeeling” tea not grown in their tea gardens or not produced according to the norms set out in the code of practice for the geographical indication.

However, a protected geographical indication does not permit the holder to forbid someone from making a product using the same approaches as those set out in the standards for that indication. Protection for a geographical indication is usually procured by acquiring a right over the sign that constitutes the indication.

Way Forward
  1. GI tag needs to be allotted only after a thorough historical and empirical inquiry.
  2. For products whose origin can’t be effectively traced, either none of the regions be provided with the GI tag or both the states should be given ownership.
  3. The focus of the states and the community needs to shift from mere certification for the sake of regional and instead divert all resources towards active promotion of the product and its respective industry.

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