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 con-fined 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.
Rezensionen / Stimmen
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. -- Foreign Trade Review, 21 May 2018
Reihe
Auflage
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Maße
Höhe: 216 mm
Breite: 140 mm
Gewicht
ISBN-13
978-93-5328-856-3 (9789353288563)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
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.
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
