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Research Article

EEO. 2021; 20(3): 3957-3968


Agricultural And Horticultural Products Of Kashmir: A Case For Legal Protection As Geographical Indications In India

Saima Ahad Kumar, Dr. Mir Junaid Alam, Ishfaq Ahmad Khan.




Abstract

Geographical Indication, an exclusive community right, recognizes the critical roles played by location, climate, and human know-how in distinguishing products based on their unique intrinsic characteristics. It is a powerful tool for safeguarding and rewarding not only the market potential of elite items, but also the traditional knowledge associated with them. Since the passing of the Geographical Indications of Goods (Registration and Protection) Act in 1999, 112 agricultural items have received GI tags till now with horticultural items accounting for more than 75% of the total. The ownership of GIs in agricultural and horticultural crops by state indicates Maharashtra and Karnataka activism. In terms of handicrafts, Jammu and Kashmir has seven GIs that have already established enormous goodwill and reputation on a global scale, such as Kashmir Pashmina, Kani Shawl etc. However, while other states are geographically indicating their agricultural and horticultural products, Jammu and Kashmir has only earned GI status for only one agricultural product, namely Saffron (Crocus Sativus). In terms of other similar products such as Apple, Walnut, Almond, Black Zeera, Rice, and so on, Jammu and Kashmir has yet to take any initiative to register them as GIs.This paper discusses different geographical indications which could be considered for registration in the light of statistical figures of revenue generated bysuch products. It also discusses various challenges and threats which the agricultural and horticultural sectors in Jammu and Kashmir are facing.

Key words: Geographical Indication, Agriculture products, Horticulture products, TRIPS Agreement, WTO






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