Legal Protection of Products Identified by Geographical Indications Having Weaker Link with the Origin

Abstract

The link between the product and the place of origin gives the product a distinguishable identity. Nevertheless, the strength of the link based on human factors and natural factors of the geographical origin differs from one product to another. This research firstly aims to examine whether this link between the product and the origin has been taken into account by the International Conventions when granting protection. It is also aimed to analyse how the jurisdictions of European Union, India and Sri Lanka have granted protection for Geographical Indications (GIs)when the link between the product and the origin varies. The research further aims at evaluating whether both national and international legal frameworks should grant the same protection for GIs disregarding the strength of the link to origin. In achieving the objectives, the research mainly followed the black letter law approach, while empirical data analysis was conducted in order to glean the practicality of recognizing GIs with a weaker link to origin. As evidenced by the TRIPs Agreement, granting of protection is based on an irrational basis which disregards the link to the origin. The EU law even though mandates two types of GIs based on the link to origin, the two definitions are not considered in granting protection. Notwithstanding the recognition of products with a weaker link to the origin by Indian and Sri Lankan jurisdictions, it does not make any sense as it has not been taken into account in granting protection. Hence, it is suggested in this research that a product"s link to the origin must be considered in determining the level of protection.