The Protection Of Geographical Indications In India A New Perspective On The French And European Experience

The How and the Why of protecting the unique identity of local products in the age of globalization.

‘It is decreed that no wine merchant can mix two wines together. Disregarding this law can entail a loss of wine and a ­fine’, and with these words a certain king of France in 1351 gave birth to what we now know as geographical indications (GIs). From the aromatic Basmati rice to the rich taste of Darjeeling tea in India and from the sparkling white wine of Champagne to the blue cheese of Roquefort in France, all locale-specific products are protected by GIs. The book compares the case of India with that of France where GIs originated and investigates how India has successfully extended its GIs to handicrafts while France and Europe still remain con­fined to foodstuff. It is a significant study in light of the increased Trade-Related Aspects of Intellectual Property Rights and World Trade Organization regime. 

A must-have for producers, practitioners, lawyers, policy makers, researchers, academics and students of law.

Delphine Marie-Vivien is a researcher in law with CIRAD, a French research centre tackling international agricultural and development issues (UMR Innovation, Montpellier, F-34398 France). She is a graduate in Chemistry and Intellectual Property Law. After two years as patent engineer in the oil industry, she joined CIRAD, and worked for five years on intellectual property and genetic resources issues in agriculture. She was a visiting researcher at the National Law School of India University, Bengaluru, India, between 2005 and 2008, to conduct her PhD research. Her thesis, defended in Paris, was entitled ‘The Law of Geographical Indications in India Compared to French, European and International Laws’. After three years in South Korea, since 2012 she is based in Vietnam, working on research projects regarding the protection of geographical indications in South-East Asia. She can be reached at delphine.marie-vivien@cirad.fr.