Geographical Indications Law in Pakistan
Pakistan has established a legal framework for the protection of Geographical Indications (GIs) through the Geographical Indications (Registration and Protection) Act, 2020 (GIRPA’20). This legislation aims to safeguard products whose quality, reputation, or other characteristics are intrinsically linked to their geographical origin, thereby promoting economic development, preserving cultural heritage, and ensuring fair competition.
🇵🇰 Key Features of GIRPA’20
1. Definition of Geographical Indication
Under Section 2(vii) of the Act, a GI refers to an indication that identifies goods as originating from a specific territory, region, or locality where a given quality, reputation, or other characteristic is essentially attributable to its geographical origin. This includes agricultural, natural, or manufactured goods, provided that at least one stage of production, processing, or preparation occurs within the defined area.
2. Registration Process
Applications for GI registration can be filed by natural or legal persons, government organizations, statutory bodies, associations, or producer groups with an interest in the GI. The application must include
The GI mark
The class of goods and the geographical area
A map of the area
Details of the producers or operators involved
Specifications outlining the quality, reputation, or characteristics of the good
The Intellectual Property Organization of Pakistan (IPO-Pakistan) manages the Geographical Indications Registry, which maintains a register of geographical indications. The registration process includes a period for opposition and examination before granting registration
3. Protection Against Misuse
The Act provides legal means to prevent the use of any indication that suggests goods originate from a geographical area where they do not, or that constitutes an act of unfair competition. This aligns with Pakistan's obligations under Article 22 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
4. Rights of Registered GIs
Upon registration, the GI is protected against unauthorized use. Registered GIs can be enforced through civil and criminal remedies, including fines and imprisonment for infringement. The Federal Government holds exclusive ownership of all GIs in Pakistan but may allow other entities to register and manage specific GIs.
5. International Recognition
The Act allows for the registration of foreign GIs in Pakistan, provided they are protected in their country of origin. This facilitates international recognition and protection of Pakistani products in global markets.
🛡️ Enforcement and Remedies
The Act empowers the Intellectual Property Tribunal to adjudicate disputes related to GIs. Infringements can lead to:
Civil actions for damages and injunctive relief
Criminal penalties, including fines and imprisonment
Additionally, the Act prohibits the assignment or licensing of a GI, except in cases of inheritance, to maintain the integrity and association of the product with its geographical origin.
🌍 Potential Impact on Pakistan
The implementation of GIRPA’20 is expected to:
Enhance Export Opportunities: By protecting GIs, Pakistan can access premium markets and prevent misappropriation of its products.
Preserve Cultural Heritage: GIs help maintain traditional production methods and cultural identities associated with regional products
Promote Economic Development: GI protection can lead to increased income for local producers and communities.
Examples of potential GIs in Pakistan include Basmati rice, Sargodha kinnow, Peshawari chappal, and Hunza apricot.
✅ Summary
Pakistan's Geographical Indications (Registration and Protection) Act, 2020, establishes a legal framework to protect products linked to specific geographical areas. Through registration, enforcement, and international recognition, the Act aims to safeguard Pakistan's unique products, promote economic development, and preserve cultural heritage.
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