An Efficient Architecture of Decision Support System for Testing Potential Geographical Indication in India

Abstract

Determination of potential Geographical Indication (GI) is a necessity for timely protection of intellectual property of geographical characteristics. The process of determination and its subsequent filling for registration of GI remains manual in most of the developing and least developed nations. The manual process hinders the faster protection mechanism of GIS in a way that encourages bio-piracy. The problem can be solved successfully if the process of determination is fully automated and subsequent filling process is semi-automated (as the nature of information at this stage is mostly semi-structured and unstructured). The process of automation of determining potential GIs require a GIS based decision support system backed up by a distributed database of potential GIs. This paper explores a DSS methodology in the form of an efficient architecture which could be used for potential geographical indication (GI) determination in India. GI is a name or sign used on certain products that have a specific geographical origin and possess qualities, reputation or characteristics that is essentially attributable to that place of origin. More than 5000 cases/items are considered having potential for acquiring geographical indications, other than 223 already registered ones. The paper evolves round a DSS mechanism implemented through a Geographical Information System. The geographical region under consideration is India. However, with the change of database and rule base of DSS, the system can be employed for any country/region. The system design would get its virtual run through a web portal where the end user/consumer/applicant may get to fill the requisite details as demanded in GI application form. The system will accordingly classify it into one of the 34 classes as prescribed in GI Act, 1999 [1]. The norms for checking the potential are based on the provisions of being a GI such as GI must satisfy the condition of newness as claimed by the association or authority of manufactures/growers of the product having strong geographical flavour of the place where it has been originated/manufactured. Prior registration of GI puts to an end to uniqueness. The sign/word indicating GI must not work against public morality of the Nation. The criteria are checked for declaring a potential GI in GIS. The GIS also generates the skeleton application to be submitted after due manual scrutiny/modification/ editing/addition. The web portal provides a number of services for GI and a user can check potential of getting a GI before entering into time, money and effort consuming process of GI application. The database for such purpose is updated periodically from the application database of GI from IPAB or GI application database of IP India, Chennai. The other database for potential GI is maintained indigenously by GIS web portal. The legal validity of GI will be checked by an expert system that works in conjunction with the knowledge base obtained from the registered database as well as periodical updating of application data base. An architectural diagram represents the total methodology of the project. A test case dry run for a potential GI has been worked out in this paper to show the viability of the methodology for a potential GI candidate, namely “Komal Chaul”. The designed DSS methodology will provide a cost effective way for GI registration through GIS web portal.