The Pisco Wine GI opposition resolved in India

Lex Orbis
Manisha Singh Nair
[email protected]

Although a relatively new area of intellectual property practice, geographical indications (GIs) is catching up. The nature of rights and the products upon which these are accorded raises many issues for consideration and deliberation. Factors such as climate, soil and skill have an impact on products qualifying as GIs, and there are frequently disputes relating to these.

At an international level, the protection of GIs is covered under a number of treaties administered by the World Intellectual Property Organization (WIPO) – most notably the Paris Convention for the Protection of Industrial Property of 1883, and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration. In addition, Articles 22 to 24 of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) also deal with the international protection of GIs within the framework of the WTO. The legislation prevailing in India is the Geographical Indications of Goods (Registration & Protection) Act, 1999.