Benefit sharing under the GI protection regime: a key to socio- economic development of India

Student name: Ms Shivangi Tiwari
Guide: Mr M V Shiju
Year of completion: 2014
Host Organisation: Rajiv Ghandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur, West B
Supervisor (Host Organisation): Dr K D Raju

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Abstract: Benefit sharing refers to sharing of benefits or revenues arising out of the promotion and development out of an indigenous product arising from textiles, handicraft, manufacturing, agriculture or any other industry. The Nagoya Protocol, 2010 under the Convention on Biological Diversity (CBD), 1992, in Article 5 provides that “benefits arising from the utilization of genetic resources as well as subsequent applications and commercialization shall be shared in a fair and equitable way with the Party.”

Article 22 of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) under the WTO Agreements defines Geographical Indication as “the indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”. Many developing countries like India has enacted legislation for greater and stronger protection of GI in order to uplift the economic condition of the poor people those who contribute too many key products of export. Unfortunately the benefits arising out of GI protection are often excavated by the firms that abuse on the reputation of the famous indigenous products without giving any benefit to the community which produces the product. This is mainly happening in India due to the fact that The Geographical Indications of Goods (Registration & Protection), Act 1999, lacks any mechanism or model on benefit sharing.

The main objective of the article is to examine the different benefit sharing provisions under various international agreements like CBD, 1992, Nagoya Protocol, 2010 and Indian legislation like Geographical Indication Act, 1999 and Biological Diversity Act, 2002. The paper analyzes the benefit sharing mechanism followed in other developed nations and suggests an appropriate benefit sharing model for India.

Keywords: Benefit Sharing, Geographical Indication, Developing Nations, India, Economic Development.