The Legal Status of “Producer” Under the GI Regime in India: A Jurisprudential Analysis
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Date
2026
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NLUJAA
Abstract
Geographical Indication (GI), it might seem a fairly easy prima facie, but the question is deceptive in its simplicity. When any consumer goes to buy a can of Darjeeling tea, a pure Kanchepuram silk saree, or a Scotch Whiskey, he or she is implicitly trusting the name on the label and has reason to believe that the product is a genuine one of a specific region or place and is produced by a group of people or community that carries the knowledge, skill and tradition that the product is known for. This belief or trust is the economic and moral foundation of the law of GI. The Geographical Indications of Goods (Registration and Protection) Act, 1999 of India1 (hereinafter will referred as GI Act) was adopted and enacted on the backdrop of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), 19942. This agreement has a avowed policy that commits to empowerment in the rural area, while preserving the cultural integrity and the upliftment of economic status of the artisan communities. The Act creates a Sui generis regime that distinguishes between the “registered proprietor”3 and a “authorised user”4. This is the distinction that, prima facie, appears to be a functional administrative device, but upon the jurisprudentiaal scrutiny, this reveals a deep structural gap between formal ownership and substantive entitlement.
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Dissertation submitted to National Law University and Judicial Academy, Assam in partial fulfilment for award of the degree of MASTER OF LAWS/ ONE YEAR LL.M. DEGREE PROGRAMME Submitted by Aniket Jana UID: SM0225005 LL.M (2nd Semester) Supervised by Prof. (Dr.) Debasis Poddar Professor of Law