India's Accession to the Geneva Act of the Lisbon Agreement: Legal Compatibility, Costs and Benefits, and a Strategic Framework for International GI Protection
DOI:
https://doi.org/10.64880/theresearchdialogue.v5i3.15Keywords:
Geographical Indications; Geneva Act; Lisbon System; TRIPS Agreement; Treaty AccessionAbstract
India has over 800 registered geographical indications (GIs), but legal protection for just about all of them is limited to the national border. The paper examines whether the Lisbon Agreement (Geneva Act of 2015) can be incorporated into Indian law and if accession would benefit the Indian producers. A doctrinal and comparative approach investigates the Geneva Act, the TRIPS Agreement, the Paris Convention, the Geographical Indications of Goods (Registration and Protection) Act, 1999, constitutional provisions in relation to the implementation of the treaties, judicial decisions and official data as of October 2026. The study reveals a general compatibility. Indian legislation already has a sui generis register, identifies convention countries and prohibits generic names. Three frictions surfaces: scope of protection is broad; there is a strong rule against genericide; and there is no protection for services. Benefits are one filing to 29 Contracting Parties (up to 62 countries), costs are mostly in examining capacity and with domestic users of foreign names. Statutory changes and the flexibilities provided in Article 7(4) and 29(4) followed by accession, is a viable option for India's international GI protection.



