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ID: 095004

Another look at Basmati: genericity and the problems of a transborder geographical indication / Rangnekar, Dwijen; Kumar, Sanjay

Rangnekar, Dwijen	Journal Article
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Publication

2010.

Summary/Abstract

The article uses the case of Basmati to identify a number of problems concerning geographical indications, including the interface with trademarks and the issue of genericity. Attempts to enter and free-ride on Basmati's premium rice market include the use of trademarks and (RiceTec's US) patent. Reviewing these, the article notes the subject matter of geographical indications can be implicated by other forms of intellectual property, such as patents. The case of Basmati is all the more problematic because of its transborder reality for which no provisions exist in the Agreement on the Trade-Related Aspect of Intellectual Property Rights (TRIPS). The article outlines and discusses various institutional models for a joint registration of Basmati between India and Pakistan as a possible solution for the TRIPS requirement of "home protection" (compare article 24.9).

Key Words

TRIPS ; Basmati ; Transborder GIs ; Genericity

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ID: 094998

Law and economics of geographical indications: introduction to special issue of the journal of world intellectual property / Rangnekar, Dwijen

Rangnekar, Dwijen	Journal Article
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Publication

2010.

Summary/Abstract

After the adoption of the Universal Declaration of Cultural Diversity, the interaction between the protection of traditional cultural expressions (TCEs) and geographical indicators (GIs) is an interesting one. The capacity of a geographical indication of origin to create a global market with local control over brand, quality and methods of production seems to make it immensely suitable for preservation of cultural diversity. Since the Agreement on Trade-Related Aspects of Intellectual Property Rights does not limit the potential causes of action for the unauthorized use of GIs, the tort of misappropriation may be applied in relation to TCEs. In order to reconcile intellectual property rights with non-Western belief systems, application of the tort of misappropriation, unjust enrichment and the remedy of restitution may make enforcement of GIs in relation to TCEs more palatable than other forms of protection.

Key Words

Geographical Indications ; Unfair Competition ; Misappropriation ; Culture Heritage

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