Proprietorship of GI in India with Special Focus on the State of Assam

Abstract

The Geographical Indications Act, 1999 clearly mentions four eligible applicants for the registration of GI. They are any association of persons or producers or any organization or authority established by or under any law for the time being in force. Out of them, the maximum registration has been done by organization or authority established by or under any law for the time being in force. It is equally important to focus that the Act clearly states the applicant can apply for the GI registration only if they can represent the interest of the producers. This paper includes an analysis on the true meaning of the clause ‘representing the interest of the producers’ and whether the GI Registry emphasizes on this clause while granting registration of GI. Further, the paper also addresses other proprietorship debates under the GI Act with fours on some of the GI products from Assam and tries to explore the ideal proprietor for registration of a GI product. Lastly, the paper suggests certain measures that could tackle the proprietorship concern and explores if there is a need to amend the law on proprietorship of GI.