Indian GI’s- How far effective?

Around 90 GI’s has been registered with around 150 such applications has been filed in India for registration. However there has no evaluation of its functioning and effectiveness. Though registered for last more than 5 years but none of them has proceeded further.and made any headway.

Though there is a mad rush for applying for GI registration and the Government which is classified as s supporting stakeholder, has taken over the task of registration claiming to be representing the wider interest of the principal stakeholders.

This has proved to be a futile exercise till date. Though unfortunate, but a fact that none of the registered GI is India has made any commercial or economical gains from it. Why so? There are numerous reasons for the same.

Firstly the registration certificate issued of registered GI’s is like a Trade Mark registration certificate. Logically and prudently the GI registration certificate should contain its Quality, characteristic, reputation features and the basis of its unique identification. This is however not contained in the certificate so issued.

Secondly it does not contain the geographical area for which it’s registered.

Thirdly it also doesn’t contain the names and authorized users and its proprietor.

Fourthly there is no registration done by the GI registry for the authorized users. None of the notified GI’s in India contains the list of authorized users which is not only mandatory but also logically desirable so as to classify the legal users and producers.

Fifthly, the Government owned GI can never be implemented and enforced. There is no direct right conferred upon the producers of the concerned GI. Such GI’s can never be a success. The GI rights should be owned by the principal stakeholder i.e. producers and not by the Government sponsored Organizations.

The process of filing opposition is highly defective as the objectors are denied access to the GI registration application so filed. Unless and until they are furnished with a copy thereof, no one can file effective objections.

With this kind of prevailing situation, none of the researchers, writer and person associated with GI has examined or raised such issues which are predominately renders registered GI a ineffective and a practical nullity.