Intellectual Property Rights For Geographical Indications

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Intellectual Property Rights for Geographical Indications

Author : Mario Veneziani
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443896349
Total Pages : 245 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Intellectual Property Rights for Geographical Indications by : Mario Veneziani

Download or read book Intellectual Property Rights for Geographical Indications written by Mario Veneziani and published by Cambridge Scholars Publishing. This book was released on 2016-09-23 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulations on Intellectual Property Rights (IPRs) and Geographical Indications (GIs) have a long history, leading back to two separate organizations devoted to dealing with them: the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO). The WTO, through its 1994 TRIPS Agreement, gives wines a high level of protection, but leaves individual countries to draw up national GIs legislation for other agri-food products. On the other hand, the WIPO implemented the Lisbon Agreement of 1958 and gives GIs a high level of protection, but involves a lower number of countries. The US approach follows the WTO and is based on existing trademarks and competition legislation, while the EU legislation is partly based on the Lisbon Agreement and has a sui generis legislation, giving a high level of protection to agri-food GIs. The two different legislative approaches on IPRs on GIs are a source of political and economic debate between the US and the EU that impact massively on agri-food supply chains, consumer relations, and environmental and cultural aspects, as well as trade. This book provides insights into the potential impacts that the future Transatlantic Trade and Investment Partnership (TTIP) agreement could have at national, European and international level, and covers areas such as policy setting, implications for trade and consumer perception, food safety, and rural and local development. As such, it will provide a reference point for researchers and academics in agricultural and rural economics and law, as well as policy makers.

Geographical Indications : An Introduction, 2nd edition.

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280532839
Total Pages : 44 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Geographical Indications : An Introduction, 2nd edition. by : World Intellectual Property Organization

Download or read book Geographical Indications : An Introduction, 2nd edition. written by World Intellectual Property Organization and published by WIPO. This book was released on 2021 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication provides an introduction to geographical indications, explaining their basic features, use and protection as an intellectual property right. Written for non-experts, it is a starting point for readers seeking to learn more about the topic.

The Law of Geographical Indications

Author : Bernard O'Connor
Publisher : Cameron May
ISBN 13 : 1874698996
Total Pages : 496 pages
Book Rating : 4.8/5 (746 download)

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Book Synopsis The Law of Geographical Indications by : Bernard O'Connor

Download or read book The Law of Geographical Indications written by Bernard O'Connor and published by Cameron May. This book was released on 2004 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over time, a product made in a specific place can develop a unique reputation. This reputation is often due to special characteristics present in the place: its people, its climate and its landscape. There are thousands of examples. In the food and drinks sector there are fruits and vegetables, wines, cheeses and cured meats: Champagne; Chedder, Parma ham and Tipperary turnips. In manufacturers there are Persian carpets, Murano glass, Toledo steel and Japanese electronics. Should all these reputations be protected by law and if so how? This book "The Law of Geographical Indications" addresses these questions. The book examines what names can and cannot be protected in national and international law and the nature of the protection given. In the last years there has been a rapid expansion of the protection given to geographical indications. The book looks at the specific systems adopted in some countries and the general systems in others. Protection is most developed in Europe and specific attention is given to the rules in the European Union and the bilateral agreements the EU has forged with many third countries. The book also examines protection in international law from the 1883 Paris Convention on the protection of intellectual property in general to the more recent TRIPs Agreement in the WTO. Also examined are the two most controversial legal issues surrounding the protection of geographical indications, namely, conflicts between trademarks and geographical indications and the generic character of certain names.

Relocating the Law of Geographical Indications

Author : Dev Gangjee
Publisher : Cambridge University Press
ISBN 13 : 1107375630
Total Pages : pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Relocating the Law of Geographical Indications by : Dev Gangjee

Download or read book Relocating the Law of Geographical Indications written by Dev Gangjee and published by Cambridge University Press. This book was released on 2012-02-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: There is considerable variation in the nature, scope and institutional forms of legal protection for valuable geographical brands such as Champagne, Colombian coffee and Darjeeling tea. While regional products are increasingly important for producers, consumers and policy makers, the international legal regime under the TRIPS Agreement remains unclear. Adopting a historical approach, Dev Gangjee explores the rules regulating these valuable geographical designations within international intellectual property law. He traces the emergence of geographical indications as a distinct category while investigating the key distinguishing feature of the link between regional products and their places of origin. The research addresses long-standing puzzles, such as the multiplicity of regimes operating in this area; the recognition of the link between product and place and its current articulation in the TRIPS definition; the varying scope of protection; and the extent to which geographical indications ought to be treated as a category distinct from trade marks.

Research Handbook on Intellectual Property and Geographical Indications

Author : Dev S. Gangjee
Publisher : Edward Elgar Publishing
ISBN 13 : 1784719471
Total Pages : 592 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on Intellectual Property and Geographical Indications by : Dev S. Gangjee

Download or read book Research Handbook on Intellectual Property and Geographical Indications written by Dev S. Gangjee and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Café de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge. The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.

The Protection of Geographical Indications in China

Author : Xinzhe Song
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353401X
Total Pages : 579 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Protection of Geographical Indications in China by : Xinzhe Song

Download or read book The Protection of Geographical Indications in China written by Xinzhe Song and published by Kluwer Law International B.V.. This book was released on 2021-11-23 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time now, there has been conflict concerning the role in the global marketplace of certain agricultural or handcrafted products of specific geographical origin: whether they should come under trademark law (as favoured by common law countries such as the United States) or under the geographical indications (GI) system developed in France and subsequently promoted by the European Union (EU). At this moment, China is in the eye of the storm. Taking fully into account the legislative and judicial gaps in China’s compromised embrace of the GI concept, this book shows how the Chinese case brings to prominence fundamental issues relating to the functional dissimilarity between trademarks and GIs, the treatment of the terroir concept, the role of GIs in rural development, and the challenges of adopting the French and European model in other countries, especially in East Asia. Providing detailed information on how GIs are registered, protected, and managed in China, France, and the EU, the book includes such practical analysis as the following: comparison between the Chinese and European GI systems to highlight differences in essential elements for GI registration and protection; mistakes and errors arising from forcing the GI function into trademark law; the increasingly larger scope of EU GI protection, protection of collective marks containing GIs, and the extension of GI protection to handicrafts; who is responsible for the protection of each registered name and who can sue for infringement; and legislative options for future GI protection in China. Recognizing not only that GIs protect consumers against fraud and producers against unfair competition but also that the goals include the preservation of rural development, cultural heritage, and traditional knowledge, as well as environmental and ecological protection, this book provides a comprehensive reference on legal tools available for policymakers, legal practitioners, researchers, and local producers concerned with GI or trademark issues in China, France, or the EU. It will prove greatly helpful to corporate lawyers filing international registration applications and taking legal action. It will also be of inestimable value to officials in a variety of countries that are considering developing or improving systems to enhance the value of terroir products, and to academics interested in intellectual property law, trademark law, agriculture policy, GI legislation, or World Trade Organization (WTO) rules.

Extending the Protection of Geographical Indications

Author : Michael Blakeney
Publisher : Routledge
ISBN 13 : 1136478787
Total Pages : 386 pages
Book Rating : 4.1/5 (364 download)

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Book Synopsis Extending the Protection of Geographical Indications by : Michael Blakeney

Download or read book Extending the Protection of Geographical Indications written by Michael Blakeney and published by Routledge. This book was released on 2013-03-05 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The TRIPS Agreement (for trade-related intellectual property rights) provides for the general protection of geographical indications (GIs) of product origin, including for example the special protection of wines and spirits and for the creation of a multilateral register for wines. The African Group of countries has been in the forefront of countries agitating in the World Trade Organization TRIPS Council for the extension of this special protection and of the multilateral register to industries which are of interest to developing countries, primarily agriculture. The so-called "extension question" is the central feature of the Doha Development Agenda at both the WTO and World Intellectual Property Organization. This book provides some empirical evidence and applied legal and economic reasoning to this debate. It provides both a general review of the key issues and a series of case studies from six Anglophone and four Francophone countries in Africa. These focus on major agricultural commodities such as coffee, cotton, cocoa and tea, as well as more specific and local products such as Argan oil and Oku white honey.

Geographical Indications at the Crossroads of Trade, Development, and Culture

Author : Irene Calboli
Publisher : Cambridge University Press
ISBN 13 : 9781316617403
Total Pages : 0 pages
Book Rating : 4.6/5 (174 download)

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Book Synopsis Geographical Indications at the Crossroads of Trade, Development, and Culture by : Irene Calboli

Download or read book Geographical Indications at the Crossroads of Trade, Development, and Culture written by Irene Calboli and published by Cambridge University Press. This book was released on 2018-12-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though countries in this region have actively discussed the topic and in several instances have promoted GIs as a mechanism to foster local development and safeguard local culture. This book, edited by renowned intellectual property scholars, fills the void in the current literature and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region. The book is available as Open Access.

The Protection of Geographical Indications

Author : Michael Blakeney
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975413
Total Pages : 562 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis The Protection of Geographical Indications by : Michael Blakeney

Download or read book The Protection of Geographical Indications written by Michael Blakeney and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encapsulating the most recent changes in the law, this second edition of The Protection of Geographical Indications investigates the European laws which regulate the way that geographical indications can be used in the marketing of agricultural products, food, wines and spirits. Key updates to this comprehensive second edition include two new chapters exploring the impact of Brexit and considering the protection of EU geographical indications outside Europe and of foreign geographical indications within the EU.

Intellectual Property and Traditional Knowledge in the Global Economy

Author : Teshager W. Dagne
Publisher : Routledge
ISBN 13 : 1317701917
Total Pages : 228 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis Intellectual Property and Traditional Knowledge in the Global Economy by : Teshager W. Dagne

Download or read book Intellectual Property and Traditional Knowledge in the Global Economy written by Teshager W. Dagne and published by Routledge. This book was released on 2014-09-04 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.

Geographical Indication and Global Agri-Food

Author : Alessandro Bonanno
Publisher : Routledge
ISBN 13 : 0429895127
Total Pages : 245 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Geographical Indication and Global Agri-Food by : Alessandro Bonanno

Download or read book Geographical Indication and Global Agri-Food written by Alessandro Bonanno and published by Routledge. This book was released on 2019-06-25 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the relevance of geographical indication (GI) as a tool for local and socio-economic development and democratization of agri-food, with case studies from Asia, Europe and the Americas. A geographical indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. It provides not only a way for businesses to leverage the value of their geographically unique products, but also to inform and attract consumers. A highly contested topic, GI is praised as a tool for the revitalization of agricultural communities, while also criticized for being an instrument exploited by global corporate forces to promote their interests. There are concerns that the promotion of GI may hamper the establishment of democratic forms of development. The contributing authors address this topic by offering theoretically informed investigations of GI from around the world. The book includes case studies ranging from green tea in Japan, olive oil in Turkey and dried fish in Norway, to French wine and Mexican Mezcal. It also places GI in the broader context of the evolution and trends of agri-food under neoliberal globalization. The book will be of interest to researchers, policy makers and students in agri-food studies, sociology of food and agriculture, geography, agricultural and rural economics, environmental and intellectual property law, and social development.

WTO, TRIPS, and Geographical Indications (GIs)

Author : Tapan Kumar Rout
Publisher :
ISBN 13 : 9788177083712
Total Pages : 0 pages
Book Rating : 4.0/5 (837 download)

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Book Synopsis WTO, TRIPS, and Geographical Indications (GIs) by : Tapan Kumar Rout

Download or read book WTO, TRIPS, and Geographical Indications (GIs) written by Tapan Kumar Rout and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property rights (IPRs) refer to the legal ownership by a person or business of an invention/discovery attached to a particular product or process which protects the owner against unauthorized copying or imitation. The agreement establishing the World Trade Organization (WTO) contains, inter alia, an Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement, which came into effect on January 1, 1995, is the most comprehensive multilateral agreement on intellectual property rights. TRIPS provides for norms and standards with respect to the following areas of intellectual property: (a) copyright and related rights; (b) trademarks, including service marks; (c) geographical indications, including appellations of origin; (d) industrial designs; (e) patents, including the protection of new varieties of plants; (f) layout designs of integrated circuits; (g) undisclosed information, including trade secrets and test data; and (h) control of anti-competitive practices in contractual licenses. Geographical indications (GIs) are defined, for the purposes of the Agreement, as indications which identify a good originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. This book contains ten research papers which explore the socio-economic implications of intellectual property rights protection through geographical indications and which analyze the legal aspects associated with the registration of products in India. [Subject: India Studies, Intellectual Property Law, Economics, Trade, Business]

The Lisbon System

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280520180
Total Pages : 6 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis The Lisbon System by : World Intellectual Property Organization

Download or read book The Lisbon System written by World Intellectual Property Organization and published by WIPO. This book was released on 200? with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Lisbon System facilitates the international protection of appellations of origin through one single registration procedure. The Lisbon system does away with the need to file multiple registrations at different offices and covers over two dozen countries in Africa, Asia, Europe, and Latin America.

EU Law on Indications of Geographical Origin

Author : Vadim Mantrov
Publisher : Springer
ISBN 13 : 3319056905
Total Pages : 367 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis EU Law on Indications of Geographical Origin by : Vadim Mantrov

Download or read book EU Law on Indications of Geographical Origin written by Vadim Mantrov and published by Springer. This book was released on 2014-07-03 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book examines both theoretical and practical aspects of the law on indications of geographical origin (IGOs) within the framework of European Union (EU) law, pursuing four distinct yet mutually related aims. First, it discusses theoretical issues of the law on IGOs including its historical foundations, terminology, principles of regulation, legal subjectivity, protection models and loss of protection. Second, it covers the EU law on IGOs from a systematic point of view. Particularly, the systematic review of the EU law on IGOs includes an in-depth analysis of and commentary on the relevant and applicable regulations. Third, it examines current legislative initiatives and further development options for the EU law on IGOs. Finally, it reveals the interrelation of the EU law on one hand and the national laws of EU Member States on the other with regard to IGOs, focusing on harmonized and non-harmonized areas of law.

The Role of Intellectual Property, in particular, Trademarks and Geographical Indications, in Creating, Developing and Strengthening a Nation Brand

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 :
Total Pages : 78 pages
Book Rating : 4./5 ( download)

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Book Synopsis The Role of Intellectual Property, in particular, Trademarks and Geographical Indications, in Creating, Developing and Strengthening a Nation Brand by : World Intellectual Property Organization

Download or read book The Role of Intellectual Property, in particular, Trademarks and Geographical Indications, in Creating, Developing and Strengthening a Nation Brand written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-11-11 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Study deals with intellectual property, in particular, trademarks and geographical indications, as an instrument not only for developing a strong and distinctive brand image for national products and services but also, through such a process, for creating a strong and distinctive nation brand, in both cases, with a view of gaining a competitive advantage in domestic, regional and world markets.

The Importance of Place: Geographical Indications as a Tool for Local and Regional Development

Author : William van Caenegem
Publisher : Springer
ISBN 13 : 9783319850559
Total Pages : 0 pages
Book Rating : 4.8/5 (55 download)

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Book Synopsis The Importance of Place: Geographical Indications as a Tool for Local and Regional Development by : William van Caenegem

Download or read book The Importance of Place: Geographical Indications as a Tool for Local and Regional Development written by William van Caenegem and published by Springer. This book was released on 2018-07-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the potential benefits and disadvantages of geographical indication (GIs) registration schemes, analyzing the utility of GI registrations for the development and promotion of regional economies, both in national and international markets. The book draws on the van Caenegem, Cleary & Drahos Australian Provenance Report, along with the valuable empirical data collected in connection with it. The book situates the rural development question in an international context, presenting several case studies from Italy, France and Morocco, New Zealand and Australia. The book contains various chapters focused on comparing regulatory structures in various relevant jurisdictions and drawing on other countries’ experiences. It contains significant contributions from industry actors with extensive experience in regional branding initiatives and GI-related policy issues. Progressive in structure, the book starts from the ‘big picture’ level before moving down to the local and concrete scale. Geographical indications of Australian products are vital both in domestic and overseas markets by accurately representing the origin and quality of niche agricultural products. Thus, with a particular focus on Australia, the book promotes the assessment of geographical indications as potential regional assets that will help producers develop local quality indicators that will serve as public goods for successive generations of producers.

Geographical Indications of Indian Handlooms

Author : Nidhi Buch
Publisher : Taylor & Francis
ISBN 13 : 1000522253
Total Pages : 240 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Geographical Indications of Indian Handlooms by : Nidhi Buch

Download or read book Geographical Indications of Indian Handlooms written by Nidhi Buch and published by Taylor & Francis. This book was released on 2021-12-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of Geographical Indications (GI) in the Indian context with particular reference to the handloom sector. It discusses themes such as the rationale of GI as IP (intellectual property); the domestic position on GIs; GI protection under various international instruments; handlooms from Gujarat and their GI journey; the efficacy of GIs; and GI structure for handlooms. The volume fills the gap between law and policies and recommends the implementation of an efficient legal system. It highlights the status of Indian handlooms, a sector that represents the country’s cultural heritage and supports a range of livelihoods. We examine India’s GI protection system with its diverse cultures and explore how GI can help recognize, support and promote these products to bring socio-economic benefits. The work documents policy measures undertaken for the revival, restructuring and promotion of Indian handlooms and handicrafts, and will serve as an important intervention in Indian law on GI. An investigative study that evaluates the current law and policy on GI protection through detailed case studies and empirical research on select Indian handlooms, this book will be useful to scholars and researchers of geography, economics, development studies, sociology, law and public policy. It will also interest policymakers, legal practitioners, textile and handloom professionals, design and business administration institutes, media, arts and crafts museums and civil society organizations working on handlooms or in intellectual property.