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Abstract

Geographical Indications are a unique form of intellectual property that can potentially improve social-economic welfare. The Indian GI Act is based on the concept of consumer welfare, which prevents market activities that can mislead or confuse consumers. Such confusion can be about the source of origin, the quality, or the reputation of the goods. However, several studies have shown the rampant use of GI names by unauthorized persons and Corporations, creating dangers of diluting the reputation of GI names. Such unauthorized use of GI names results in an unfair commercial advantage to these infringers. Not only that, a genuine consumer pays for imitative goods by making uninformed decisions and confuses such goods with GI goods. This paper focuses on corporations' use of GI names in promoting and marketing their goods, claiming to use GI goods as essential ingredients. The paper suggests a licensing policy framework with an aim to safeguard the rights of both Geographical Indication (GI) communities and consumers of GI goods. It proposes licensing requirements for corporations using GI names and trade-in with such goods. In the first part, the paper briefly introduces the subject matter, including the importance of GIs in government activities. In the next part, the paper analyzes the legal provisions and case laws dealing with consumer welfare and the fair use doctrine under the GI Act. It further discusses the corporate accountability of GI Goods manufacturers beyond corporate social responsibility (CSR). It recommends policy frameworks like GI licensing, benefit sharing, and the creation of GI promotion and protection funds to empower GI communities and protect consumer interest. In the last section, the paper suggests amendments to the GI Act to enhance the welfare of communities and stakeholders, thereby strengthening the enforcement of consumer rights within the GI context. Through this comprehensive approach, the paper aims to promote just and fair trade practices and protect consumer rights in GI goods.

Digital Object Identifier (DOI)

https://doi.org/10.55496/MYVP7706

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