๐๐๐ฟ๐ฟ๐ฒ๐ป๐ ๐๐ต๐ฎ๐น๐น๐ฒ๐ป๐ด๐ฒ๐ ๐ถ๐ป ๐๐ต๐ฒ ๐๐ ๐๐ฟ๐ฎ๐บ๐ฒ๐๐ผ๐ฟ๐ธ
The existing GI Act presents several limitations that hinder its effectiveness:
Narrow Scope of Protection: The current regulations primarily protect only the name and geographical origin of products. This narrow focus excludes production techniques and technologies, allowing cheaper, machine-made imitations to mislead consumers and dilute the value of authentic products.
Resource Constraints: Many GI items are managed by boards or groups that often lack sufficient financial and legal resources to combat infringement effectively. This inadequacy is particularly pronounced in rural areas where artisans struggle to protect their rights.
Unfair Profit Distribution: Market dynamics frequently favor middlemen over actual producers, resulting in artisans receiving a fraction of the profits from their goods. This systemic issue exacerbates socioeconomic challenges faced by rural producers.
Legal Costs: Engaging intellectual property firms for legal protection can be prohibitively expensive for many producers. Notable legal disputes, such as that between the Darjeeling Tea Board and other entities over Pochampally Ikat, have incurred significant costs, further straining resources.
๐ฃ๐ฟ๐ผ๐ฝ๐ผ๐๐ฒ๐ฑ ๐๐บ๐ฒ๐ป๐ฑ๐บ๐ฒ๐ป๐๐
The draft rules aim to enhance the GI registration process through several key changes:
Reducing Fees: A significant goal is to lower application fees for registering GIs and for additional protection requests under Section 22(2) of the GI Act. This move is intended to make the process more accessible and encourage more entities to seek GI protection.
Revising Fee Structures: New changes will be introduced for various application types—including registration, opposition, renewal, and alteration of details—ensuring affordability while simplifying procedures for applicants.
๐๐ผ๐ป๐ฐ๐น๐๐๐ถ๐ผ๐ป
By addressing these critical issues through comprehensive amendments, India can enhance its GI protection ecosystem, benefiting not only registered GIs but also all stakeholders involved in this vital sector. The proposed changes aim not only to simplify processes but also to ensure that genuine producers receive fair recognition and compensation for their unique products.
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