Geographical Indication and India :-
What is GI :-
“Darjeeling”, “Ceylon”, “Assam”, “Kolhapuri”, “Banarasi”, “Champagne”, “Roquefort”, “Chianti”, “Sheffield”, “Camember”, “Havana” are some well-known examples for names which are associated throughout the world with products of a certain nature and quality. One common feature of all these names is their geographical connotation, that is to say, their function of designating existing places ,towns, regions or countries. However, when we hear these names we think of products rather than the places they designate.
There are various conventions and agreements addressing the issues of protection geographical indications. These include Paris Convention for protection of industrial property, TRIPS Agreement, Madrid Agreement for the repression of false or deceptive indications of source on goods and Lisbon Agreement for the protection appellation of origin and their international registration.
The Paris Convention for the Protection of Industrial Property does not use the term geographical indication. Article 1 paragraph (2) defines as subjects of industrial property, inter alia, indications of source and appellations of origin. This is the terminology traditionally applied and still officially used in the conventions and agreements administered by WIPO. According to this terminology, the following distinction is made between indication of source and appellation of origin:
Indication of Source means any expression or sign used to indicate that a product or service originates in a country, a region or a specific place. For example, Made in India is an indication of source. The Appellation of Origin means the geographical name of a country, region or specific place which serves to designate a product originating therein, whose characteristic qualities are exclusively or essentially due to the geographical environment, including natural and human factors. For e.g. -“Darjeeling Tea” or “Champagne Wine” represents Appellation of Origin
Make in India and GI:-
One of the objectives of the “Make in India” programme is to improve and protect the Indian intellectual property (IP) regime. The steps envisaged to achieve this objective include increased posts in IP offices, e-filing facilities, major fee reduction for Micro, Small and Medium Enterprises, holding awareness programmes etc.
A less discussed IP right in this context is ‘geographical indications’ (GIs), a right aptly described as “sleeping beauty” (as it was in slumber till the advent of the Trade-Related Aspects of Intellectual Property Rights Agreement) in the mid-1990s by Florent Gevers, a renowned European IP lawyer. GIs indicate goods as originating in a specific geographical region, the characteristics, qualities or reputation thereof essentially attributable to such region. GI-branded goods possess a recall value amongst consumers who essentially attribute these characteristics, qualities or reputation to such geographical origin. Scotch whisky, produced only in certain regions of Scotland in accordance with regulations, is an example.
Europe has been protecting GIs since the 1800s.
The GI ripple effect
GIs support and protect local production (as opposed to global production), generate local employment and are mostly untouched by industrialisation, originating in villages or small towns. Since consistent quality is a must in GI-branded goods, and often cements itself as a consumer recollection point, producers are expected to diligently follow specific production methods.
Champagne, cognac etc are some European names that started humble lives decades ago and became the icons that they are today owing to such quality control and perseverance. Many European GIs have also successfully built up ancillary industries like tourism and lodging in the respective regions, enabling visitors to get a first-hand experience of the manufacturing process and absorb the history thereof. Such ancillary industries also create local employment and aid in the socio-economic development of the region in the long run.
Complying with World Trade Organisation obligations, India enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 (GI Act) and has set up a registry in Chennai to register such names. Covering agricultural goods, manufactured and natural goods, textiles, handicrafts and foodstuffs, the GI Registry’s website lists 238 registered names as of March 2016. While the list has popular GIs like Basmati rice, Darjeeling tea and Pashmina shawls, many names on the list are lesser known or never heard of, despite being in existence for decades.
With emphasis laid on innovation, new initiatives and robust infrastructure, IP rights like patents, designs and trademarks can prima facie find a place in the Make in India programme.
Despite the gradual rise in GI registrations, the role and scope of GIs in the Make in India programme has perhaps remained unnoticed in discussions. Considering that GI-branded goods can be made 100 per cent in India without the need for any foreign direct investment (FDI) and that they can promote socio-economic development of the respective regions (like their European counterparts), GIs are perhaps the most ideal IP rights to foster and realise a programme like Make in India.
Quality issues in India
So why haven’t GIs naturally shown themselves up as a potential tool to aid the programme? One of the foundations of this initiative is the making of quality products. So, does the legal framework for the protection of GIs in India emphasise the importance of quality products? Europe has always recognised the need to preserve and maintain high quality in such origin-specific goods. The European law on the protection of names relating to agricultural goods and foodstuffs (ECR 1151/2012) recognises that GIs give a competitive advantage to producers and enable consumers to make more informed choices by providing clear information on origin-specific products and their characteristics. To preserve this consumer trust, the European law mandates: (i) effective verification and controls at multiple levels in the supply chain, ensuring compliance with product specification before placing it in the market and (ii) market monitoring of the use of the names to ensure legal compliance.
In contrast, India’s GI Act does not lay much emphasis on inspection and monitoring mechanisms for GI protection. The only two references thereto appear in the enabling rules in Rule 32(6)(g) and Form GI-1. While Rule 32(6)(g) requires an applicant to list particulars of the inspection structure, “if any”, to regulate the use of the GI, Form GI-1 perfunctorily asks for the details of an “Inspection Body”. Quality associated with geographical origin is the hallmark of a GI and the current legal framework evidently lacks teeth to ensure it. This perhaps explains why one has not heard of many GI success stories in India.
The current Indian legal framework for GIs needs to be strengthened to address quality control and consumer expectations by insisting on multi-layered quality control systems as a precondition for registration. Other important issues faced by GI producer bodies are market access and funding for enforcement and marketing. Still a greenhorn in GI protection, India must hand-hold producer bodies, look at successful models elsewhere and mould these to suit the ground realities of protection and enforcement in a developing country.
Every region in India boasts of many locally produced unique goods and this law, with a few amendments to fill the serious missing gaps described above, coupled with diligent implementation can turn into a magic wand for the Make in India programme.
It it also imperative to realize that most of the local industries who are engaged in production of such GI products are invariably still in the MSME sector. Therefore before they can achieve economies of scale and contribute significantly to the Make in India program, we must ensure that proper training, skill development and an overall favorable environment (in terms of labour laws etc.) is provided. Laying greater emphasis on inspection, monitoring etc is of no use unless these producers are enabled to become more competent and produce world class products.
Female Foeticide:-
As per National Crime Records Bureau (NCRB), NCRB has started collecting data on female foeticide since 2014. A total of 50 cases were reported under female foeticide in 2014.
State-wise data:-
| MADHYA PRADESH | 15 |
| RAJASTHAN | 11 |
| PUNJAB | 7 |
| HARYANA and Uttar Pradesh | 4 Each |
| CHHATTISGARH & TELENGANA | 2 Each |
Uttarakhand – 1 and rest of the state is zero..
Analysis :-
The above data is related to cases registered under female foeticide. From an initial reading one may think that in a particular state (as in this case MP ) the practice is widespread. However , it is only part of the grim reality. Case of this nature usually never come to the fore and registering a case of female foeticide has been very rare. The simple fact is that in a country of billion plus population and given the prevailing societal inclination for male child , Only 50 cases a year is far from truth.Hence states with zero or lower number of registered cases throws two parables – either the states have genuinely low female foeticide or the cases does not reach the authority for one reason or another – if this is the case then the authorities have 2 issues and not one to deal with – Prevention of female foeticide through different means and Ensuring a conducive environment to uphold the law and order in the state that usually ignore the subtleties of this case.
Thorium based Reactor:-
Research & Development on Thorium utilisation continues to be a high priority area of the Department of Atomic Energy (DAE).
On account of physics characteristics of Thorium, it is however not possible to build a nuclear reactor using Thorium alone. It has to be converted to Uranium-233 in a reactor before it can be used as fuel.
With this in view, a three-stage nuclear power programme, based on a closed nuclear fuel cycle has been chalked out to use thorium as a viable and sustainable option, right at the inception of India’s nuclear power programme.
The three stage nuclear power programme aims to multiply the domestically available fissile resource through the use of natural uranium in Pressurised Heavy Water Reactors, followed by use of plutonium obtained from the spent fuel of Pressurised Heavy Water Reactors in Fast Breeder Reactors.
Large scale use of Thorium will subsequently follow making use of the Uranium-233 that will be bred in Fast Breeder Reactors, when adequate capacity has been built in the country. The third stage of Indian nuclear power programme which contemplates making use of Uranium-233 to fuel Thorium Uranium-233 based reactors can provide energy independence to the country for several centuries. All efforts towards technology development and demonstration are being made now, so that a mature technology is available in time.
India has abundant quantity of thorium resources contained in the mineral monazite occurring in the beach sand placer deposits along the eastern and western coasts of the country as well as the inland placers in parts of Kerala, Tamil Nadu, Odisha, Andhra Pradesh, West Bengal, Jharkhand and Chhattisgarh.
The Department of Atomic Energy (DAE) through its Atomic Minerals Directorate for Exploration & Research (AMD) has carried out exploration activities over the past six decades, which have resulted in establishing in situ resources of 11.93 million tonnes of monazite as on February 2016 in the country. Indian Monazite contains about 9-10% of Thorium oxide (ThO2) which in turn results in about 1.07 million tonnes of Thorium oxide (ThO2).
A three stage nuclear power programme has been devised to efficiently utilise this large reserve of thorium. The energy potential of this thorium reserve is estimated to be more than 155,500 GWe-years.
India ranked 118th in UN’s world happiness index; behind Pak, China
India has been placed at 118th position out of 156 countries in a global list of the happiest nations. This was revealed by The World Happiness Report 2016, published by the Sustainable Development Solutions Network (SDSN), a global initiative for the United Nations.
Quantifying Happiness:-
The report takes into account GDP per capita, life expectancy, social support and freedom to make life choices,generosity, perceptions of corruption, and dystopia as indicators of happiness.
Highlights of the report:
- Denmark takes the top spot followed by Switzerland(2nd) ,Iceland (3), Norway (4) and Finland (5).
- India ranked 118th, down from 117th in 2015.
- India was among the group of 10 countries witnessing the largest happiness declines along with Venezuela, Saudi Arabia, Egypt, Yemen and Botswana.
- India comes below nations like Somalia (76), China (83), Pakistan (92), Iran (105), Palestinian Territories (108) and Bangladesh (110).
- The US is ranked 13th, standing behind Australia (9) and Israel (11).
- The report notes that Rwanda, Benin, Afghanistan, Togo, Syria and Burundi are the least happiest countries.
This report for the first time gives a special role to the measurement and consequences of inequality in the distribution of well-being among countries and regions.
- This reflects a new worldwide demand for more attention to happiness as a criteria for government policy and can also be used effectively to assess the progress of nations.
- Previous reports have argued that happiness provides a better indicator of human welfare than income, poverty, education, health and good government measured separately but now experts also point out that the inequality of well-being provides a broader measure of inequality.
Few thoughtful questions and Analysis :-
- One of the key indicator is GDP per capita – Does it mean richest are the happiest ?If so , then how Bhutan is regarded as a happy country.
- Life expectancy indicator – Does it mean if a person has a high life expectancy will lead a happy life or on the contrary a short life is a miserable life.
- Countries with least democratic freedom , more social inequality are ranked higher than India – How it could be a possibility ?
- Freedom to make life choices – For the citizenry who really can not have a say to chose their leader – does they really have freedom to make life choices.For the countries that are ranked at the top , one of the life choices is to have a home – but unfortunately to get a permission to have a house of your own takes more than a decade in NORDICS.
- Perception of Corruption :- Does the perception matters or the ground reality has a say ?Above all how to quantify perception.
- The general trend in all the report is that it is always topped by geographically small countries for obvious reasons and they will continue to do so as long as the reports are crafted on the basis of very little sampling of data and perception.This does not mean they should not top or their ranking is assigned arbitrarily. What is missing is the parity factor between geographically large and socially diverse countries with that of the small and mostly socially uniform countries. It makes no sense to compare the life of a bird with a tiger (metaphorically) and to state that a bird is happier because it can fly and tiger is unhappy because he can not .Hence the report has to go beyond simple generalization if it has to reflect the reality as it is .For that a large survey which includes multiple factors should be taken in to account and weightage to each factor should be assigned appropriately.One solution is to compare countries with similar geographical, political and social attributes and produce different reports for each category of countries.
- Happiness is not only a economic or health or social factor , it is also very individualistic and psychology has a major role in it.That is the reason why , a person who is unhappy today can be happy tomorrow (For eg- success in civil services) and of course in a day the happiness has changed but the person’s economic, social or life expectancy has not changed (it is the hope of good future that made the person happy). One can see a poor but happy person in one side of the road and an unhappy but rich person on the other side.Hence the rich are as much happy/unhappy as much as the poor .What make one happy is unpredictable and multiple factor comes in to play , to predict the subjective subject of happiness in objective terms of index for a society and for that matter for a country is a humongous task and only economic, social or political factors are just not enough to paint the full picture with utmost clarity.
Note :- The analysis is exclusive to UPSCTREE.At any given point of time, no one really knows everything and if you have any concern or feedback with regards to our analysis , please do engage with us and enlighten us.Views are always subject to change and reasoning can change with the discovery of new information and hence we strongly believe in debate and discussion.
Reservation for Dalit Christians
An individual belonging to Scheduled Tribes may profess any religion and the Castes/ Tribes included in the list of Scheduled Tribes under Article 342 of the Constitution, are entitled for getting the benefits of reservation in services of the Central Government.
The Scheduled Castes converted to Christianity are included in the Central List of Other Backward Classes of some of the States and are entitled to the benefit of the reservation in services of the Central Government. However, the issue of extension of Scheduled Caste status to Scheduled Caste converts to Christianity is presently subjudice in the Hon’ble Supreme Court of India.
Depot Online System:-
- It is an online System to automate all the operations of FCI depots to make it leak-proof
- “Depot Online” is an important project under Digital India initiative of Government
- It will digitally manage and automate almost all FCI function such as – godown operation, dumping management, stack management, spillage management, stack suggestion, storage loss calculation
Facts:-
- Iron Fist 2016:-Exercise Iron Fist is a biennial event that showcases the firepower capacity of the Indian Air Force. The exercise will include combat manoeuvres and live firing of Air-to-Ground and Air-to-Air precision weapons by Fighters, Transport Aircraft and Helicopters.
- SIDBI STARTUP MITRA :- A national portal for start-up entrepreneurs developed by SIDBI
- World Sufi Forum :- The Forum has been convened by the All India Ulama and Mashaikh Board, to discuss the role of Sufism in countering rising global terror hosted in Vigyan Bhawan, New Delhi.
- Justice Balbir Singh Chauhan appointed as chairperson of the 21st Law Commission of India(fora period of 3 years)
Recent Posts
The United Nations has shaped so much of global co-operation and regulation that we wouldn’t recognise our world today without the UN’s pervasive role in it. So many small details of our lives – such as postage and copyright laws – are subject to international co-operation nurtured by the UN.
In its 75th year, however, the UN is in a difficult moment as the world faces climate crisis, a global pandemic, great power competition, trade wars, economic depression and a wider breakdown in international co-operation.
Still, the UN has faced tough times before – over many decades during the Cold War, the Security Council was crippled by deep tensions between the US and the Soviet Union. The UN is not as sidelined or divided today as it was then. However, as the relationship between China and the US sours, the achievements of global co-operation are being eroded.
The way in which people speak about the UN often implies a level of coherence and bureaucratic independence that the UN rarely possesses. A failure of the UN is normally better understood as a failure of international co-operation.
We see this recently in the UN’s inability to deal with crises from the ethnic cleansing of the Rohingya Muslims in Myanmar, to civil conflict in Syria, and the failure of the Security Council to adopt a COVID-19 resolution calling for ceasefires in conflict zones and a co-operative international response to the pandemic.
The UN administration is not primarily to blame for these failures; rather, the problem is the great powers – in the case of COVID-19, China and the US – refusing to co-operate.
Where states fail to agree, the UN is powerless to act.
Marking the 75th anniversary of the official formation of the UN, when 50 founding nations signed the UN Charter on June 26, 1945, we look at some of its key triumphs and resounding failures.
Five successes
1. Peacekeeping
The United Nations was created with the goal of being a collective security organisation. The UN Charter establishes that the use of force is only lawful either in self-defence or if authorised by the UN Security Council. The Security Council’s five permanent members, being China, US, UK, Russia and France, can veto any such resolution.
The UN’s consistent role in seeking to manage conflict is one of its greatest successes.
A key component of this role is peacekeeping. The UN under its second secretary-general, the Swedish statesman Dag Hammarskjöld – who was posthumously awarded the Nobel Peace prize after he died in a suspicious plane crash – created the concept of peacekeeping. Hammarskjöld was responding to the 1956 Suez Crisis, in which the US opposed the invasion of Egypt by its allies Israel, France and the UK.
UN peacekeeping missions involve the use of impartial and armed UN forces, drawn from member states, to stabilise fragile situations. “The essence of peacekeeping is the use of soldiers as a catalyst for peace rather than as the instruments of war,” said then UN Secretary-General Javier Pérez de Cuéllar, when the forces won the 1988 Nobel Peace Prize following missions in conflict zones in the Middle East, Africa, Asia, Central America and Europe.
However, peacekeeping also counts among the UN’s major failures.
2. Law of the Sea
Negotiated between 1973 and 1982, the UN Convention on the Law of the Sea (UNCLOS) set up the current international law of the seas. It defines states’ rights and creates concepts such as exclusive economic zones, as well as procedures for the settling of disputes, new arrangements for governing deep sea bed mining, and importantly, new provisions for the protection of marine resources and ocean conservation.
Mostly, countries have abided by the convention. There are various disputes that China has over the East and South China Seas which present a conflict between power and law, in that although UNCLOS creates mechanisms for resolving disputes, a powerful state isn’t necessarily going to submit to those mechanisms.
Secondly, on the conservation front, although UNCLOS is a huge step forward, it has failed to adequately protect oceans that are outside any state’s control. Ocean ecosystems have been dramatically transformed through overfishing. This is an ecological catastrophe that UNCLOS has slowed, but failed to address comprehensively.
3. Decolonisation
The idea of racial equality and of a people’s right to self-determination was discussed in the wake of World War I and rejected. After World War II, however, those principles were endorsed within the UN system, and the Trusteeship Council, which monitored the process of decolonisation, was one of the initial bodies of the UN.
Although many national independence movements only won liberation through bloody conflicts, the UN has overseen a process of decolonisation that has transformed international politics. In 1945, around one third of the world’s population lived under colonial rule. Today, there are less than 2 million people living in colonies.
When it comes to the world’s First Nations, however, the UN generally has done little to address their concerns, aside from the non-binding UN Declaration on the Rights of Indigenous Peoples of 2007.
4. Human rights
The Human Rights Declaration of 1948 for the first time set out fundamental human rights to be universally protected, recognising that the “inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”.
Since 1948, 10 human rights treaties have been adopted – including conventions on the rights of children and migrant workers, and against torture and discrimination based on gender and race – each monitored by its own committee of independent experts.
The language of human rights has created a new framework for thinking about the relationship between the individual, the state and the international system. Although some people would prefer that political movements focus on ‘liberation’ rather than ‘rights’, the idea of human rights has made the individual person a focus of national and international attention.
5. Free trade
Depending on your politics, you might view the World Trade Organisation as a huge success, or a huge failure.
The WTO creates a near-binding system of international trade law with a clear and efficient dispute resolution process.
The majority Australian consensus is that the WTO is a success because it has been good for Australian famers especially, through its winding back of subsidies and tariffs.
However, the WTO enabled an era of globalisation which is now politically controversial.
Recently, the US has sought to disrupt the system. In addition to the trade war with China, the Trump Administration has also refused to appoint tribunal members to the WTO’s Appellate Body, so it has crippled the dispute resolution process. Of course, the Trump Administration is not the first to take issue with China’s trade strategies, which include subsidises for ‘State Owned Enterprises’ and demands that foreign firms transfer intellectual property in exchange for market access.
The existence of the UN has created a forum where nations can discuss new problems, and climate change is one of them. The Intergovernmental Panel on Climate Change (IPCC) was set up in 1988 to assess climate science and provide policymakers with assessments and options. In 1992, the UN Framework Convention on Climate Change created a permanent forum for negotiations.
However, despite an international scientific body in the IPCC, and 165 signatory nations to the climate treaty, global greenhouse gas emissions have continued to increase.
Under the Paris Agreement, even if every country meets its greenhouse gas emission targets we are still on track for ‘dangerous warming’. Yet, no major country is even on track to meet its targets; while emissions will probably decline this year as a result of COVID-19, atmospheric concentrations of greenhouse gases will still increase.
This illustrates a core conundrum of the UN in that it opens the possibility of global cooperation, but is unable to constrain states from pursuing their narrowly conceived self-interests. Deep co-operation remains challenging.
Five failures of the UN
1. Peacekeeping
During the Bosnian War, Dutch peacekeeping forces stationed in the town of Srebrenica, declared a ‘safe area’ by the UN in 1993, failed in 1995 to stop the massacre of more than 8000 Muslim men and boys by Bosnian Serb forces. This is one of the most widely discussed examples of the failures of international peacekeeping operations.
On the massacre’s 10th anniversary, then UN Secretary General Kofi Annan wrote that the UN had “made serious errors of judgement, rooted in a philosophy of impartiality”, contributing to a mass murder that would “haunt our history forever”.
If you look at some of the other infamous failures of peacekeeping missions – in places such as Rwanda, Somalia and Angola – it is the limited powers given to peacekeeping operations that have resulted in those failures.
2. The invasion of Iraq
The invasion of Iraq by the US in 2003, which was unlawful and without Security Council authorisation, reflects the fact that the UN is has very limited capacity to constrain the actions of great powers.
The Security Council designers created the veto power so that any of the five permanent members could reject a Council resolution, so in that way it is programmed to fail when a great power really wants to do something that the international community generally condemns.
In the case of the Iraq invasion, the US didn’t veto a resolution, but rather sought authorisation that it did not get. The UN, if you go by the idea of collective security, should have responded by defending Iraq against this unlawful use of force.
The invasion proved a humanitarian disaster with the loss of more than 400,000 lives, and many believe that it led to the emergence of the terrorist Islamic State.
3. Refugee crises
The UN brokered the 1951 Refugee Convention to address the plight of people displaced in Europe due to World War II; years later, the 1967 Protocol removed time and geographical restrictions so that the Convention can now apply universally (although many countries in Asia have refused to sign it, owing in part to its Eurocentric origins).
Despite these treaties, and the work of the UN High Commission for Refugees, there is somewhere between 30 and 40 million refugees, many of them, such as many Palestinians, living for decades outside their homelands. This is in addition to more than 40 million people displaced within their own countries.
While for a long time refugee numbers were reducing, in recent years, particularly driven by the Syrian conflict, there have been increases in the number of people being displaced.
During the COVID-19 crisis, boatloads of Rohingya refugees were turned away by port after port. This tragedy has echoes of pre-World War II when ships of Jewish refugees fleeing Nazi Germany were refused entry by multiple countries.
And as a catastrophe of a different kind looms, there is no international framework in place for responding to people who will be displaced by rising seas and other effects of climate change.
4. Conflicts without end
Across the world, there is a shopping list of unresolved civil conflicts and disputed territories.
Palestine and Kashmir are two of the longest-running failures of the UN to resolve disputed lands. More recent, ongoing conflicts include the civil wars in Syria and Yemen.
The common denominator of unresolved conflicts is either division among the great powers, or a lack of international interest due to the geopolitical stakes not being sufficiently high. For instance, the inaction during the Rwandan civil war in the 1990s was not due to a division among great powers, but rather a lack of political will to engage.
In Syria, by contrast, Russia and the US have opposing interests and back opposing sides: Russia backs the government of the Syrian dictator Bashar al-Assad, whereas the US does not.
5. Acting like it’s 1945
The UN is increasingly out of step with the reality of geopolitics today.
The permanent members of the Security Council reflect the division of power internationally at the end of World War II. The continuing exclusion of Germany, Japan, and rising powers such as India and Indonesia, reflects the failure to reflect the changing balance of power.
Also, bodies such as the IMF and the World Bank, which are part of the UN system, continue to be dominated by the West. In response, China has created potential rival institutions such as the Asian Infrastructure Investment Bank.
Western domination of UN institutions undermines their credibility. However, a more fundamental problem is that institutions designed in 1945 are a poor fit with the systemic global challenges – of which climate change is foremost – that we face today.