Protection of Geographical Indications Against Cultural Appropriation: An Indian Perspective

Geographical Indications (GIs) safeguard the interests of natives, cultural heritage and traditional knowledge because they associate products with their geographical location. The cultural identity in India is Yoga, Basmati rice, and Banarasi sarees in terms of historical and regional influences. The protection of these products under the Geographical Indications of Goods (Registration and Protection) Act, 1999, does not protect them against cultural appropriation, misrepresentation, and dilution in the international markets. The paper will discuss the sufficiency of Indian IP Law to deal with such challenges using a doctrinal research, statutory analysis, case law and TRIPS Agreement. It shows gaps in GI Enforcement and makes the case of better legal and international mechanisms to provide effective cultural and economic protection.