An old issue of protecting GIs for culture: a new insight from the experience of India and Bangladesh

Abstract

This paper aims to reiterate the relatively beneficial role of geographical indication (GI) for its culture based potential. The Trade Related Aspects of Intellectual Property (TRIPs), undermined this aspect by accentuating the trade aspects of GIs. This paper reveals that, GI underpins culture within its concept through the notion terroir. The paper argues that the domestic protection regimes that have been designed in the TRIPs’ paradigm have broadened the scope of culture based justification. For establishing this argument the paper examines the case studies of Darjeeling tea from India and Jamdani from Bangladesh. The paper draws the conclusion that this particular rationale is justifiable in reality.