Article 22 (1) of Trade-Related Aspects of Intellectual Property Rights (TRIPS) - Economy | UPSC Learning

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Article 22 (1) of Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Article 22 (1) of Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Medium⏱️ 8 min read98% Verified
economy

📖 Introduction

<h4>Understanding Geographical Indications (GIs)</h4><p><strong>Geographical Indications (GIs)</strong> are crucial for protecting products whose quality or reputation is inherently linked to their geographical origin. This mechanism ensures that consumers can trust the authenticity of such products.</p><div class='key-point-box'><p><strong>Article 22(1) of the TRIPS Agreement</strong> provides the international definition for GIs. It serves as a foundational text for intellectual property protection in this domain.</p></div><h4>Definition of Geographical Indications</h4><p><strong>Article 22(1) of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement</strong> defines GIs as “indications which identify a good as originating in the territory of a member, or a region or locality in that territory.”</p><div class='info-box'><p>A key criterion is that the <strong>quality</strong>, <strong>reputation</strong>, or other characteristics of the product are essentially attributable to its <strong>geographical origin</strong>. This link is fundamental to GI protection.</p></div><h4>Scope of GI Protection</h4><p>Initially, GIs were often associated with agricultural products like wines and spirits. However, their scope has significantly broadened over time.</p><p>GI protection is now also extended to <strong>non-agricultural products</strong>. This includes handicrafts and other manufactured goods whose unique qualities stem from human skills, materials, and resources available in specific areas.</p><h4>The Inherent Link to Origin</h4><p>The core principle behind GIs is the intrinsic connection between a product's attributes and its place of origin. This connection can be due to natural factors like climate and soil, or human factors like traditional manufacturing methods.</p><div class='key-point-box'><p>The reputation of these products is not just about branding; it's about the collective knowledge and environmental conditions of a specific region that make the product <strong>unique</strong> and of high quality.</p></div><h4>Global and Indian Status of GI Registrations</h4><p>Globally, there's a varying landscape of GI registrations. Some countries have robust systems and a high number of registered products.</p><div class='info-box'><p>As per <strong>2020 data from the World Intellectual Property Organization (WIPO)</strong>, <strong>Germany</strong> leads in GI registrations with <strong>15,566</strong> products. <strong>China</strong> follows with <strong>7,247</strong> registered products, showcasing significant activity in this area.</p></div><p>In contrast, <strong>India lags in GI registration</strong> compared to many other nations. Despite a rich tradition of unique products, the number of registered GIs remains relatively low.</p><div class='info-box'><p>By <strong>December 2023</strong>, <strong>Intellectual Property India</strong> had received <strong>1,167 applications</strong> for GI tags. Out of these, only <strong>547 products</strong> had been successfully registered, indicating a substantial gap.</p></div><p>Within India, the majority of registered GI products fall into two main categories. <strong>Handicrafts</strong> comprise approximately <strong>45%</strong> of the total GIs, reflecting India's diverse artisan traditions.</p><p><strong>Agriculture products</strong> account for about <strong>30%</strong> of India's GI registrations. This highlights the importance of protecting unique food items and agricultural produce linked to specific regions.</p><div class='exam-tip-box'><p><strong>UPSC Insight:</strong> Questions on <strong>GI tags</strong> often appear in <strong>Prelims</strong> (e.g., matching GI products with states) and <strong>Mains GS-III</strong> (e.g., role in rural economy, intellectual property rights). Understanding the definition and global/Indian status is crucial.</p></div>
Concept Diagram

💡 Key Takeaways

  • Article 22(1) of TRIPS defines GIs as products identified by origin, with qualities linked to that origin.
  • GIs cover both agricultural and non-agricultural (e.g., handicrafts) products.
  • The Paris Convention (1883) and TRIPS Agreement (1995) are key international frameworks.
  • India enacted the GI Act in 1999 to register and protect GIs domestically.
  • India has significantly fewer GI registrations (547 by Dec 2023) compared to global leaders like Germany and China.
  • Handicrafts (45%) and agriculture (30%) dominate India's GI product categories.
  • GIs are vital for rural economies, preserving traditional knowledge, and boosting exports.

🧠 Memory Techniques

Memory Aid
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📚 Reference Sources

World Trade Organization (WTO) - TRIPS Agreement text
Intellectual Property India (Controller General of Patents, Designs & Trade Marks) - GI Registry data
World Intellectual Property Organization (WIPO) - Global GI statistics