UK's Demand for Higher GI Protection in India's FTA

• 21 Nov 2023

Recently, the UK's insistence on elevated Geographical Indication (GI) protection for its agricultural products, including Scotch whisky, Stilton cheese, and Cheddar cheese, remains an unresolved issue in the ongoing free trade agreement (FTA) negotiations with India.

• The demand pertains to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) standards, offering comprehensive protection for GIs, which currently exclusively applies to wines and spirits.

Key Points

• GI Definition and Significance: Geographical Indication (GI) refers to agricultural, natural, or manufactured products originating from a specific geographical territory, symbolizing quality and distinctiveness associated with its origin. Once a product receives GI status, similar items cannot be sold under the same name.
• India's Current GI Framework: India typically provides general protection against GI rule violations. However, the UK is pushing for a higher level of protection, adding complexity to the negotiations.
• Ongoing Negotiations: Talks between India and the UK are underway, with unresolved issues primarily revolving around the Intellectual Property Rights (IPRs) chapter.
• TRIPS Framework: The Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organisation outlines enhanced protection for GIs.
• This ensures complete protection, preventing the use of GIs unless the product genuinely originates from the designated area.
• Exclusive Protection for Wines and Spirits: The current higher level of GI protection, inclusive of terms like 'kind,' 'style,' and 'type,' is exclusive to wines and spirits.
• Indian Legislation and GI Protection: Indian legislation does not differentiate between wines and spirits and other products concerning GI protection.
• The decision to grant higher protection rests with the central government and varies based on international recognition.
• India's Advocacy for Extended Protection: India has been advocating for extended protection to products beyond wines and spirits to prevent the misuse of labels like Basmati rice by other countries.
• Balanced Trade Relationship: Experts emphasize the need for a balanced and reciprocal trade relationship. India should negotiate firmly for the UK to offer elevated GI protection to a broader range of Indian products.
• FTA Talks Timeline: India and the UK initiated talks for the free trade agreement in January 2022.