Geographical Indications

Geographical indications (GIs) are signs or symbols used to identify a product whose unique characteristics are linked to its place of origin. GIs differ from other forms of intellectual property because they can be collectively owned by a group of producers. They are also associated with the territory where the products originate, both in terms of geographical origin and quality. While GI protection was introduced into TRIPS (Trade-Related Aspects of Intellectual Property Rights) and subsequently had to be protected in most countries worldwide, TRIPS does not provide a specific mechanism for GI protection. Some countries protect GIs under their existing trademarks law, while others have enacted sui generis mechanisms, largely based on the system used by the European Union. Bangladesh has recently enacted the Geographical Indication (Registration and Protection) Act 2013 to protect traditional domestic goods that utilize the intellectual ingenuity and traditional knowledge of local producers. The GI Act of 2013 represents a potentially beneficial model for the protection of domestic place-based local products, such as the intricate woven fabric called Jamdani, which is associated with a particular region of Bangladesh. The GI legislation can be rationalized by cultural justification, which is the justification most Asian developing nations cite for GI protection. The GI Act of 2013 provides for equal levels of protection to all products for which GIs can be used and does not provide for any enhanced level of protection to any particular products. 

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