GI: Significance, Protection

Geographical Indication signals a link not only between a product and its speci?c place of origin but also with its unique production methods and distinguishing qualities. It has assumed greater importance with their inclusion in the Agreement on Trade Related Aspects of Intellectual Property Rights of WTO.
This has been recognised as a part of intellectual property rights for centuries but their legal protection regime is developing at a relatively slow pace compared to trademarks and copyright. Currently, geographical indication may only be registered in Pakistan as collective marks or certi?cation marks under the Trademarks Ordinance 2001. It is often a key to higher and more stable export earnings, and can make a positive contribution to rural development, the preservation of diversity, the quality of products and local jobs.
The promotion and development of Geographical indications is a tool for regional promotion and also for protecting our own heritage. It has allowed better collaboration amongst producers, market operators and authorities and has improved quality and control systems. Internationally, there is a growing interest for Geographical indications at the global level in the developing nations. Almost, 220 geographical indications are currently protected in India, 400 in Central and South America, and the ?rst have now been registered in Africa while in Pakistan, there is no geographical indication products registered.
As we all know that Pakistan is blessed with diverse geography, climate, soil, culture and traditions. Pakistan has 12 agro-ecological zones with diverse range of features produces vide range of agricultural products with unique qualities. But these products have no geographical indication in international markets and exported with different foreign brands. Overall, the wide range of products linked ranging from natural to agricultural, traditional to manufactured goods can qualify for protection as geographical indications. These goods are facing tough competition from neighbouring India due to common history, Indus civilisation and common law system. In the past Pakistan has lost the market of basmati rice due to geographical indication while India has gained maximum market access including due share of Pakistan. However, India is registering and maintaining of Geographical indication of products through sui generis law since 2003, while Pakistan was not ?nalized and implemented this law but drafted in 2001. With the implementation of sui generis law, India has registered 220 geographical indications for different ranging products from tea, coffee, agricultural products, textiles, horticulture to foodstuff and handicrafts etc.
As Pakistan's region is rich in culture and traditions, there are a number of Geographical indications in both the agriculture and the manufacturing sector but not yet single geographical indication registered which created huge losses in terms of economic gains to Pakistan's economy while India is gaining in international market on the cost of Pakistan Sindhri Managoes, Kinoos, Greencardamom, Khairpur A seel Dates, Hunza Apricot, Multani Mitti, Hala Handicrafts, Khanpur Oranges, Kasuri Methi, Chiniot Furniture, Sahiwal Cows & Buffalos, Sindhi Ajrak and Cap, Sukkur Chuhara, Shikarpur Pickles, Peshawari Chapli Kabab, Peshawari Ice-cream, Kashimiri Pashmina Shawls, Knives of Wazirabad, etc are the goods that can be protected and will promote our economic development particularly the development of rural areas and enhancement in exports earning and alleviation of poverty. Many of them have acquired valuable reputations which, if not effectively protected, may be misrepresented by dishonest commercial operators. The unauthorized use of geographical indications by unauthorized international parties is injurious to the consumers and lawful producers. The consumers are deceived into believing that they are buying a genuine product with speci?c qualities and characteristics, when they are in fact getting an imitation of original products. The legitimate producers are deprived of valuable business and the established reputation of their products is damaged. Hence, it is important for Pakistan to protect its valuable geographical indication as these will promote our economic development particularly the development of rural areas and enhancement in exports earning and alleviation of poverty. Due to non-implementation of geographical indication law, Pakistan has lost the market of basmati rice while India is gaining maximum market access including Pakistan's due share.
In the recent past, FPCCI has expressed serious concern over the long overdue of Geographical Indication Protection Law, which was drafted in 2001. Absence of Geographical Indication Protection law has created millions of rupees loss to Pakistan's economy in term of not fetching good prices of Pakistani products from international market. Being one of the marketing tools and a tag for getting higher price, efforts must be made to maintain the benchmark and keep up the reputation of its characteristics and features. There is a dire need that the government should implement early the Geographical Indication Protection Law with the consultation of relevant federal and province ministries and holding of awareness programme for traders, industrialist and farmers for registration and protection of their products which will help in enhancing of exports.