文章基本信息

标题：A Critique of the Indian Law and Approach towards Protection of Geographical Indications with Specific Reference to Genericide
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作者：Reddy, J Adithya ; Chatterjee, Siladitya
期刊名称：Journal of Intellectual Property Rights
印刷版ISSN：0971-7544
电子版ISSN：0975-1076
出版年度：2007
卷号：12
期号：6
页码：572-580
出版社：Ubs Publishers Distributors
摘要：The TRIPS Agreement prescribes minimum standard of protection for geographical indications (GIs) and additional protection for wines and spirits. The lack of uniform international protection, along with inability to reach global consensus to remedy this, has placed many GIs under the threat of becoming generic. Especially, the ones produced by backward, rural communities in developing countries like India, have been vulnerable to exploitation by large commercial enterprises through patenting. The Indian statute along with its rules has adapted a strong scheme of GI protection, mostly on the lines of the European Regulations. However, certain features of the Act merit serious consideration, the most important being the broad criteria given to determine genericide. The requirement to consider the situation outside the country of origin to determine such genericide, is avoidable and potentially harmful.
关键词：Geographical indications;Genericide;TRIPS Agreement