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The protection of geographical indications in India: a new perspective on the French and European experience

By: Marie-Vivien, Delphine.
Publisher: New Delhi Sage Publications 2015Description: xxv, 288 p.ISBN: 9789351502739.Subject(s): Marks of origin - India | Marks of origin - France | Intellectual property - IndiaDDC classification: 347.70954 Summary: ‘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. (http://www.sagepub.in/books/Book246171?subject=Q00&sortBy=defaultPubDate%20desc&fs=1)
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Slot 1106 (0 Floor, East Wing) Non-fiction 347.70954 M2P7 (Browse shelf) Available 191589


Table of Contents:


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



‘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.

(http://www.sagepub.in/books/Book246171?subject=Q00&sortBy=defaultPubDate%20desc&fs=1)

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