INTRODUCTION Geographical indication (GI) is a name or sign used on certain products referring to a specific geographical location or origin a region

n or a country. It certifies that a product has certain quality, traditional value or reputation just because it belongs to a specific geographic location. Since its qualities derive from the place of origin, a specific link exists between a product and its origin of production. The primary reason of a government to engage in such initiative is either to protect its local consumers or to facilitate the local manufacturers. Since the early part of the twentieth century, GI systems have been used in different countries like France and other countries in the European Union (EU). In the EU, a similar system was made effective which was called Protected Designation of Origin (PDO). CHARACTERISTICS The basic characteristics of a GI system are: It is similar to the protection offered by trademarks and/or certification. It is to be enforced when the product or its ingredients originate from a specific geographic location. Sometimes, certain standards and quality must be met. GIs must meet certain conditions to qualify for registration and protection. The product that is supposed to be protected under GI system must have a name that is different from a generic name used frequently for similar products. The use of GIs is not limited to agricultural products. They may also highlight qualities of a product which are due to human factors associated with the place of origin of the products, such as specific manufacturing skills and traditions.

DIFFERENCE FROM A TRADEMARK

A trademark is a sign used by an enterprise to distinguish its product from that of others. It gives its owner the right to exclude others from using the trademark. A trademark will often consist of a name or a device. GI tells consumers that a product is produced in a certain place and has certain characteristics that are due to that place of production. It may be used by all producers who make their products in the place designated by a GI. The name used as a GI will usually be predetermined by the name of the originating place. For example, Florida Oranges.

WHY IS IT IMPORTANT? GI systems are likely to protect traditional products produced by rural communities for generations. The significance of a GI system is illustrated below: GIs offer recognition and protection to products. This will allow the community of rural producers to continue investment. Quality maintenance of the products will be easy if protection from foreign competition is guaranteed. Co-operative investment can be promoted. GIs denote origin and quality of a product and in turn, protect the reputations that a product has achieved so far based on its origin. If this reputation is not protected, dishonest commercial operators may have an opportunity to misrepresent. INTERNATIONAL ISSUES International trade made it important to harmonize different approaches and standards that governments used to enforce GIs. The historical progression of GI systems is stated below: In 1997, under the Lisbon Agreement, about 170 GIs were registered. The WTO Agreement on Trade-Related Intellectual Property Rights (TRIPs) says that GIs identify a product based on a region or a locality which is the prime source of the products quality, reputation and other characteristics. The standards that TRIPs set are as follows: A government must provide legal protection under GI registration. The government has its authority in determining whether a product will be registered under GI protection. A government may invalidate an existing GI protection if its legislation permits. PROTECTION RIGHTS GIs are protected in accordance with international treaties and national laws under a wide range of concepts, including:

Special laws for the protection of geographical indications or appellations of origin Trademark laws in the form of collective marks or certification marks Laws against unfair competition Consumer protection laws, or Specific laws or decrees that recognize individual geographical indications.

In essence, unauthorized parties may not use a GI in respect of products that do not originate in the place designated by that indication. Applicable sanctions range from court injunctions preventing the unauthorized use to the payment of damages and, in serious cases, imprisonment.

RELEVANCE TO BANGLADESH
Bangladesh is in the process of making Geographical Indication Act for about seven years and the draft is available to the citizens for opinion. The draft is also prepared with an aim to ensure entitlement to the countrys traditional products and protect the reputation of these products against piracy. In the absence of the GI act in the country, Bangladesh is going to lose its rights on some traditional products such as Jamdani Sari, Nakshikatha and Fazli Mango as neighboring India has already got entitlement of these products as her own traditional products under GI act. India has registered Jamdani as Upada Jamdani Sari from Andhra Pradesh. Moreover, the associations in Bangladesh are unorganized and small producers and craftsmen are not really member of any registered association and not aware of the impact of GI registration by competitors at home and abroad. A silk weaver in Rajshahi, who has been weaving silk for three/four generations may be barred of weaving if he is not a member.