Role of Authorized User in Adding Efficacy to GI Protection in India: Issues and Challenges

Abstract

India’s compliance with the TRIPS agreement took a momentous turn with the introduction of the Law of Geographical Indications, 1999. In the face of rapid globalization this law was a remarkable solution to India’s growing concern about protection and recognition of its cultural wealth. Handicrafts, handlooms, agricultural and food products of unique characters strewn across the length and breadth of this nation were sought to be identified, registered and protected under this newly introduced law. Two decades have passed since with 370 products registered as Geographical Indications (GI) which include 16 from the State of Gujarat across all product categories. However, it is worthy to note that besides registrations, Gujarat only partially, almost negligibly fulfils a crucial feature of the law requiring mandatory compliance i.e. registration as authorized user as per section 17 of the Indian Law. The premise of GI law does not merely stand on registration of a product as a GI through a collective right. It also extends to the post-registration recognition of an individual under the same as an authorized user which provides the user a right to exclusively use the GI for the respective product and to seek remedy in case of infringement. Gujarat shows a dismal number of authorized users for its registered products and the scenario is unlikely to positively alter if not for honest interventions from the government and other institutions. In order to succeed at the noble intentions of this law, it is hugely necessary to bring mass awareness among the individuals related to manufacturing and production of GI registered products about the rights accrued if they register independently as authorized users. This chapter focuses on the need of identifying the significant role of authorised user in realising the exclusive rights granted by the GI Act. It also comments on the shortcomings of the Law of Geographical Indications in this regard through available data with a focus on the State of Gujarat and attempts to generate solutions to resolve the same in order to implement the law in its true spirit. © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2022.