“Geographical Indications and Trade Marks: A Study of Their Legal and Conceptual Distinctions”

Abstract

Intellectual Properties are something that needs major recognition and proper protection. Especially the one which are used for the product identification like Trademarks, Biodiversity, Collective marks, Geographical Indication, etc. When it comes to Gi and Trade mark, it often lacks distinction between them and it is not being identified properly. Geographical Indication is a collective mark that will be given to multiple producers for producing goods either natural or manufactured, which has a distinctive character because of its geographical nature and Trademark is given to a single producer for a mark or symbol or name which is distinctive to identify the product to make it easier for the people. Their distinction is important so that to protect the traditional and cultural producers of GI and give them a proper validation and also to reduce the dilution of both and give them special protection. In this paper we will be seeing the distinction of both GI and Trademark, their legal protection across the globe and why is it necessary to protect them individually. This paper will be analysing the concept behind the same and how it has been defined around the world in order to protect the same.