Juxtaposition of Geographical Indications (GI) Law in India and Pakistan and Potential for Regional Cooperation

Abstract

Geographical Indications (GIs) are a crucial form of intellectual property, offering protection to products that have enhanced value tied to their place of origin. Pakistan and India, both being rich in cultural heritage and traditional products, have enacted their respective laws to protect the same. The GI legal frameworks face similar challenges in both nations, in spite of having distinct processes. Common disputes revolve around shared products like Basmati Rice and issues related to enforcement, awareness, and international recognition. This article provides a comparative analysis of the GI laws of both nations, underpinning the crucial Basmati Rice dispute as a bone of contention. It also explores the economic, legal, and cultural impacts of GIs, with common instances of Himalayan Salt in Pakistan and Mysore Silk in India. The findings consider the potential economic and socio-cultural growth through regional cooperation in GI protection, suggesting legal reforms and mechanisms of collaboration to tackle current complications.

INTRODUCTION

The significance of Geographical Indications (GIs) has gained momentum in the recent past owing to their potential to strengthen regional economies and preserve cultural heritage by providing international recognition for local products. A diverse variety of culturally significant and regionally unique products is housed by both India and Pakistan. Despite having independent legal frameworks, their respective GI laws face numerous challenges, including the lack of awareness, enforcement issues, political disputes, and underutilization of the system.

The article critically examines the subtleties and differences in legal frameworks for GI protection in both countries, intentionally underpinning trans-border disputes like the Basmati Rice case. The social, cultural, economic and legal contours of GI are explicated by highlighting the untapped potential of common GI products. Building on the analysis, this work puts forth recommendations for regional cooperation, along with the possibility of individual economic and cultural benefits.

GEOGRAPHICAL INDICATIONS

A Geographical Indication (GI) is a sign or mark used on goods to specify their linkage to a particular geographical origin and possession of specific qualities or reputation owing to that origin. There is a diverse array of products that can be protected as GIs, from agricultural produce, livestock breeds, handicrafts, food, and manufactured goods to many more. Their protection ensures the economic benefit derived from the goods is not exploited by others, and the reputation associated with the qualities is not counterfeited. GI protection provides a number of interests, including increased export potential, preservation of traditional craftsmanship, and economic development of rural areas owing to the fostering of local industries (Ali, 2021).

SIGNIFICANCE 

Geographical Indications (GIs) play a vital role in the protection of regional products by affiliating them to specific geographical areas, conserving cultural heritage, and magnifying market value. GIs allow producers to distinguish their products from others due to their noteworthy qualities and favourable reputation, and resultantly benefit from higher prices and international recognition. It also contributes to cultural preservation and identity protection by safeguarding traditional knowledge and promoting sustainable practices.

The GI law of India, the Geographical Indications of Goods (Registration and Protection) Act, 1999, allows for the protection of famed products like Darjeeling Tea and Basmati Rice. These products have seen significant economic benefits, with Darjeeling Tea alone generating around US$650 million in exports (Gupta, 2019). In Pakistan, the Geographical Indications (Registration and Protection) Act, 2020, is still in its embryonic phase. Products like Basmati Rice and Himalayan Pink Salt have started benefiting from this protection, with Himalayan salt exports to the largest exporter soaring by 40% in the first fiscal quarter of 2025 (TDAP, 2021).

INTERNATIONAL LEGAL FRAMEWORK 

The protection of Geographical Indications (GIs) has garnered global traction, notably in enhancing trade and protecting regional products. Both countries have taken steps to develop legal frameworks in line with the global standards laid down by the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), administered by the World Trade Organization (WTO).

1. ​TRIPS Agreement and WTO

 Article 22 of TRIPS requires that products should be safeguarded against exploitation or misleading indications of origin, such that consumers would not be deceived and producers would be off. Both India and Pakistan, being members of the WTO, are under the liability of TRIPS.

2. ​Lisbon Agreement and WIPO

The Lisbon Agreement (1958), managed by WIPO, permits the international registration of former Appellations of Origin of various countries. India, being a signatory, has the advantage of a streamlined registration through a single registration in more than 50 jurisdictions. Pakistan, though, is not a signatory to the Lisbon Agreement and is forced to depend on bilateral conventions.

3. ​WIPO and Global Cooperation 

The World Intellectual Property Organisation is an agency under the UNO. It gives an avenue to international GI protection and dispute resolution mechanisms. India has efficiently utilised it, and, on the other hand, Pakistan could use better institutional capabilities in supporting the same (Rana, 2016).

LOCAL LEGAL FRAMEWORK

India 

In India, the governing legislation of GI protection is the Geographical Indications of Goods (Registration and Protection) Act, 1999. The Act was established to administer India’s commitment of India to the TRIPS agreement.

• Collective Ownership 

In India, a distinguishing dimension of GI law is the communal ownership of GIs by a group of local producers who hold a product as a whole. A GI may be registered by an association of a group or cooperative society, or any other legal entity representing the producers.

• Duration of Protection

Once the goods have been registered, the protection is permanent until the time of continued production in line with the standards.

• Institutions Involved

The important institution is the Geographical Indications Registry, which grants registration, maintains records, management of disputes and oversees the enforcement. The entire process is overseen by the Ministry of Commerce and Industry in the Department of Industrial Policy and Promotion (DIPP). The Controller General of Patents, Designs and Trade Marks (CGPDTM) is the organisation which administers IP rights.

• Setbacks in GI Protection

Despite laws against counterfeiting, the problem of counterfeiting in the international market is a widespread occurrence, and it can compromise the value of products. Geographical limitations of products are, eg, Kashmir Saffron, subject to dispute, hence being a challenge yet, local producers are yet to be aware of the merits of GI and not register these products.

Pakistan

The central legal document within the framework of GI protection in Pakistan is the Geographical Indications (Registration and Protection) Act, 2020. The Act is characterised by subtle distinctions; nonetheless, its provisions are in line with the requirements of the TRIPS Agreement.

• Government Ownership

It is clear that the Act accords any government, public or statutory body or public institution the privilege solely as a registrant, whereas a person in the private and public entities is only entitled to officer-specific user-status.

• International Acknowledgement 

Pakistan is not a member of the Lisbon System, and accordingly, its GIs are not recognised internationally under the Lisbon System; instead, they rely on multilateral or bilateral treaties to achieve the same, but since these are numerous, they are also successful (TDAP, 2021).

• Key Institutions

The Intellectual Property Organisation of Pakistan (IPO-Pakistan) is the umbrella body that is charged with the directorship of all forms of intellectual property protection. It monitors the GI Registry, which is in charge of the registration of all GI applications and enforces them. The Ministry of Commerce performs more administrative and policy-making functions, unlike the Pakistan Standards and Quality Control Authority (PSQCA), which does quality control and maintenance of GI products in the country.

• Challenges in GI Protection

 The awareness amongst producers regarding GI protection is critically low, and the absence of enforcement mechanisms poses a major stumbling block. The registration process of GIs has been cumbersome because of not lacks streamlined administrative procedures.

Pakistan also does not have the resources as well as infrastructure that can help in the management and protection of GI products.

COMPARATIVE ANALYSIS

Ownership Models

India

In India, the collectivity-owned model provides that the producers themselves take control of the GI rights. This model has achieved success in promoting local ownership, where it permits more involved work, as regional producers are given the ability to control the reputation and market value of their product (Gupta, 2019).

Pakistan

Pakistan is the only country that exercises government ownership of GI rights. This centralisation, although it might bring some ease to administrative tasks, might act as a drag to the local producers, as they might feel they are not part of the administration of their outputs. This model can also result in a bottleneck of the registration process because the government agencies have more control over producing local players (Amin, 2019).

International Protection

India

The benefits of GIs India is a member of the Lisbon system and enjoys the benefits of internationally recognised GIs. The network enables India to file GIs in more than 50 jurisdictions with one registration. This wide international coverage provides access to the market and global coverage.

Pakistan

Pakistan, on the other hand, does not currently have access to the Lisbon System. This reduces the international scope of the products, which have to depend on bilateral agreements in order to be given international protection. Nevertheless, the registration of Basmati Rice in the European Union is a positive international effort in the GI registration aspect of Pakistan (TDAP, 2021).

Enforcement and Market Reach

India

 The system of enforcement has evolved in India over the years and has been put to the test various times in the form of legal cases. Nevertheless, there are still some obstacles, namely the spread of fake products in the global markets. The successes that India has achieved through its GI enforcement activities in places outside of India have been intertwined.

Pakistan

Although the GI system in Pakistan is still young, the power to enforce GI rights is still in its infancy. The centralised control that the government has exercised over its elements may be good in some aspects, as it has taken away the incentive behind the enforcement process and has rendered it more opaque. The problem of the lack of awareness among producers and support for the working institutions is persistent.

CASE STUDY – BASMATI RICE DISPUTE

The Basmati Rice Dispute between India and Pakistan has been one of the major contentious issues in relation to Geographical Indications (GIs) and intellectual property (IP) rights. Basmati rice is a high-end variety of rice that has been the cause of court action regarding its origin, source, and ownership of the name. India has traditionally been regarded as the chief exporter of Basmati rice, although Pakistan has been trying to challenge the exclusive right of India in the Basmati name.

In 2016, India secured GI protection of Basmati rice in the European Union (EU), which accelerated its capacity for governance of marketing and sale of their rice all over the world. Pakistan has promoted the GI registration of its own Basmati rice in demands of prevent counterfeit and mislabeling internationally against its production produced in own production (TDAP, 2021). The conflict took a twist when Pakistan applied to the European Union and other international markets to be given the GI status to Basmati rice in their region, with the aim of securing its domestic interest and defending its right to commercialise rice using the regional name. This brought about issues of GI ownership and coverage of the geographical areas where it can be used, especially in places where the two nations are the leading suppliers of rice. The case illustrates the issues surrounding the geography of origin of goods that traverse two or more locations and have long been manufactured in the two countries.

The shared challenges and priorities that both India and Pakistan have in regard to collaborative protection of products with overlapping regional origins indicate that closer collaboration is a must to protect GIs that may share equal cultural and economic significance. The case of the Basmati and this dispute underlines the necessity of getting coordination and a firm location of geographical boundaries in GI law (Amin, 2019).

OPPORTUNITIES FOR REGIONAL COOPERATION 

Although the issue of the Basmati Rice dispute between the two countries continues to have tension, it also offers some potential in terms of collaboration in the region. Rather than endless rounds of legal parry and thrust, and the contradictions of rival GI registration, we have a chance of two nations coming together and helping to value and market products as a jointly owned cultural and economic heritage.

Shared GI Registration 

Among the most promising areas of regional cooperation is the fact that the GI registration can be obtained jointly on a cross-national product, such as Basmati rice. By registering the products together, both nations had the advantage of more market access and increased market prices. This may minimise international conflicts and enhance the consumer identity of the rice of high quality.

Collaborative Marketing

A collective promotional program would also have a positive economic impact on both nations. The development of the unified brands on which both countries could sell their products in international markets (i.e. the EU, United States, and Middle East) would, in turn, increase the demand (Bharucha, 2020).

Enhancing Enforcement Mechanisms

The legal system must have robust enforcement mechanisms in place so that the legal system is effective. The two countries can complement their countermeasures by collaborating to fight against mislabeling and counterfeiting in foreign markets. International cooperation regarding border controls to spot unauthorised use, customs cooperation, and measures of market surveillance may help avoid this malpractice (Rana, 2016).

Bilateral Agreements on Trade Expansion

Lastly, the bilateral trade agreements, such as GI-protected goods and special economic zones to export agricultural produce, could be a win-win situation in India and Pakistan. It can lower trade barriers and have its positive impact on both nations in terms of economics (Khuhro, 2025).

CONCLUSION

 The juxtaposition of Geographical Indications (GI) laws in India and Pakistan highlights the shared challenges and distinct differences in the legal framework of both. On one hand, India’s tested GI system has proven successful in international protection of its products; on the other hand, Pakistan’s newly implemented GI law is nascent and faces challenges revolving around enforcement, awareness, and institutional support. Despite these hurdles, Pakistan’s GI law is promising, with high-value products like Himalayan Salt and Basmati Rice.

Economically, culturally and legally, the impacts of GIs are tremendous and can provide a means to maintain traditional handicrafts, increase exports and broaden market value across the world. Nonetheless, the comparisons of GI law code reveal that cooperation, as opposed to competition, can give both better results. A coordinated effort in the agencies to work towards GIs, first through commonly produced products such as Basmati Rice, will foster mutual registration, promotional and enforcement programs that will be of benefit to both countries, both economically and culturally.

REFERECNE(S): 

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