The Protection of Geographical Indications in India: A New Perspective on the French and European Experience: Sage Law
Autor Delphine Marie-Vivienen Limba Engleză Electronic book text – 10 dec 2015
‘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.
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Specificații
ISBN-13: 9789351502746
ISBN-10: 9351502740
Pagini: 320
Dimensiuni: 140 x 216 mm
Ediția:First Edition
Editura: SAGE Publications
Colecția Sage Publications Pvt. Ltd
Seria Sage Law
Locul publicării:New Delhi, India
ISBN-10: 9351502740
Pagini: 320
Dimensiuni: 140 x 216 mm
Ediția:First Edition
Editura: SAGE Publications
Colecția Sage Publications Pvt. Ltd
Seria Sage Law
Locul publicării:New Delhi, India
Recenzii
The book is quite comprehensive and possibly the most important book that has been written on the experience of Geographical Indication (GI) in India. No serious researcher working on GI issues can possibly avoid reading it. But it is also useful for general readers with an interest in GI and India’s traditional knowledge in general and handicrafts in particular.
Cuprins
Foreword by Dev S. Gangjee
Preface
Acknowledgements
Introduction
I: GLOBALIZATION, GEOGRAPHICAL INDICATIONS AND THE ‘INDIAN IDENTITY'
India and Globalization, Opportunities and Risks
An Analysis of the Diversity of Legal Concepts Underlying GIs
GIs on Handicraft Goods in India Compared to France/Europe
Indian GIs for Agricultural Goods? Uniqueness Justified by Natural and Historical Factors
II : THE PECULIARITIES OF THE ROLE OF THE STATE FOR THE PROTECTION OF GIS IN INDIA, COMPARED TO FRANCE AND EUROPE
The Influence of WTO on the Role of the State in the International Protection of GIs
The Decline of the Role of the State in France and Europe
The Interventionism of the Indian State
The Legitimacy of the Involvement of the Indian State
III : AN ESSAY ON THE PARTICULARISM OF GIS AS INTELLECTUAL RIGHT
An Intellectual Right Characterized by the Dismemberment of the Right to Use
A Collective Right to Use Tinted with Public Law
General Conclusion
Bibliography
Index
Preface
Acknowledgements
Introduction
I: GLOBALIZATION, GEOGRAPHICAL INDICATIONS AND THE ‘INDIAN IDENTITY'
India and Globalization, Opportunities and Risks
An Analysis of the Diversity of Legal Concepts Underlying GIs
GIs on Handicraft Goods in India Compared to France/Europe
Indian GIs for Agricultural Goods? Uniqueness Justified by Natural and Historical Factors
II : THE PECULIARITIES OF THE ROLE OF THE STATE FOR THE PROTECTION OF GIS IN INDIA, COMPARED TO FRANCE AND EUROPE
The Influence of WTO on the Role of the State in the International Protection of GIs
The Decline of the Role of the State in France and Europe
The Interventionism of the Indian State
The Legitimacy of the Involvement of the Indian State
III : AN ESSAY ON THE PARTICULARISM OF GIS AS INTELLECTUAL RIGHT
An Intellectual Right Characterized by the Dismemberment of the Right to Use
A Collective Right to Use Tinted with Public Law
General Conclusion
Bibliography
Index
Descriere
The how and the why of protecting the unique identity of local products (Handicrafts) in the age of globalization