Geographical Indication (GI)
A Geographical Indication or a GI is the protection given to a reputable product, either man-made or natural, if the applicant can conclusively prove that the unique character, reputation of the product is attributable to a specific quality attributable to only the geographical region where the product is produced and which may not be replicated to the same standard in any other region. As the French and the Scottish people would swear both these types of liquors are highly unique in their taste; the uniqueness being attributable to the soil, climate, cultivating practices of their respective geographical regions. The logic of protecting them as a GI is quite similar (but not same) to that of a trademark with the important distinction that GI protection is a community right i.e. it is given to all manufacturers/producers of a product in a certain designated area if their products meet the certifications standards laid down by a collective society. To get a GI protection reputation has to be proved before registration. GI is defined both in the TRIPS & in the Indian ‘The Geographical Indication of Goods (Registration and Protection) Act, 1999'.
The state of Karnataka, claimed the GI protection based on the special qualities of the Mallige flowers (jasmines) particular to the region – the “Mysore Mallige”, the "Udupi Mallige" and "Hadagali Mallige"- as they fully met the criteria laid down under the Act. The criteria considered were the following.
- Unique quality – The unique factor is that the volatile oil (essential oil) content is comparatively lower in this variety.
- Attribution: The dry sandy soil prevailing in the region around Hadagali taluk is responsible for the particular aroma of this flower, while the dry climate (low/sparse rainfall) adds to the favourable environment for the crop.
- Reputation: The flower is in high demand in places such as Mumbai, besides the coastal region. It has an export potential as it is in demand in West Asia.
An expert committee headed by the Controller-General of Patents, Design and Trade Marks attached to the Union Ministry of Commerce and Industry,India, who also act as the Registrar of GI approved the GI patent to the three flowers, varieties of jasmine, in September 2007. An entry to the Geographical Indications Registry provides exclusive rights to the local community to cultivate the crop for 10 years. With this GI tag or patent nobody outside this specific geographical region will be allowed to sell under the same name. Besides the community ownership of the crop, the Horticulture Department offers technical assistance, brand development and market assistance to the growers of the crop registered under GI. With the GI tag the bond between Mysore city and the Mallige (jasmine) flower has now grown stronger.
Read more about this topic: Mysore Mallige
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