GEOGRAPHICAL INDICATIONS AND FARMER RIGHTS
A REGULATORY CRITIQUE
AUTHOR – PRIYANKA. B, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI
BEST CITATION – PRIYANKA. B, GEOGRAPHICAL INDICATIONS AND FARMER RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 989-1001, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Geographical Indications (GIs) represent one of the most vital yet under-examined tools in India’s intellectual property framework — particularly from the standpoint of farmer rights and agrarian welfare. The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act), enacted to fulfil India’s obligations under the TRIPS Agreement, has created a formal legal architecture for protecting the distinctive character of geographically origin-linked products. With 697 registered GIs as of July 2025 and a government target of 10,000 registrations by 2030, the Indian GI regime presents a facade of dynamism.
Yet beneath this quantitative growth lies a troubling structural gap: the farmers and artisans who are the actual producers and custodians of GI products are systematically sidelined by a regime that favours institutional registrants, intermediaries, and exporting entities. The authorized user framework is under-utilised, enforcement mechanisms are weak, awareness among rural producers is negligible, and the post-registration benefit-sharing structures are absent. International experience — particularly from the European Union and China — demonstrates that GI protection can be a transformative tool for rural income generation. India has thus far failed to replicate this potential.
This paper critically examines the GI Act 1999 from a farmer-rights perspective, analysing its statutory framework, registration architecture, judicial interpretations, enforcement challenges, international obligations under TRIPS, and the structural exclusion of actual producers from GI benefits. It concludes with concrete recommendations for legislative and policy reform.