Geographical Indications, Traditional Agricultural Knowledge and Farmers’ Rights

Geographical Indications (GIs) are important to ensure the reputation, quality and distinctive character of agricultural products originating from a particular geographic area. The opportunities provided by GI protection in India are significant in the context of traditional knowledge, traditional practices and community-based seed conservation which are integral to agriculture. The connection between geographical indications, traditional knowledge from farmers and their rights, however, introduces several legal and socio-economic issues. This paper critically looks at the Indian legal regime relating to geographical indications with specific focus on the Geographical Indications of Goods (Registration and Protection) Act, 1999, the Protection of Plant Varieties and Farmers’ Rights Act, 2001, and the relevant international IP instruments. It examines whether current legal instruments provide sufficient protection of farming communities, repurcussions of traditional agricultural knowledge from misuse, and a fair distribution of economic benefits from the recognition of GIs......