LIJDLR

GEOGRAPHICAL INDICATION AND ITS INFRINGEMENT IN THE METAVERSE: CHALLENGES UNDER INDIAN LAW

Shruthi Sarang S Kamath, Final year B.A.LL.B.(Hons.), Sastra Deemed University, Thanjavur (India)

Articles 22 to 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), concluded on 15 April 1994 and in force from 1 January 1995, created the first comprehensive multilateral minimum standards for the protection of Geographical Indications within the World Trade Organization framework. Multilateral protection of indications of source is older, and rests on the Paris Convention of 1883, the Madrid Agreement of 1891 and the Lisbon Agreement of 1958. Geographical Indications are protected in order to prevent the public from being misled and to restrain unfair trade practices. In India, the Geographical Indications of Goods (Registration and Protection) Act, 1999 implements these obligations. A Geographical Indication identifies goods whose quality, reputation or other characteristics are essentially attributable to their geographical origin. The emergence of the Metaverse has created new virtual environments for communication, commerce, entertainment and the creation of digital assets. These developments offer opportunities to promote geographically distinctive Indian products in virtual markets, and they create new challenges for the protection of Geographical Indications (GIs). The increasing use of GI names, indications and representations in virtual goods, digital merchandise and virtual marketplaces raises questions about the applicability and effectiveness of the existing legal framework. This paper examines whether the existing Indian GI framework, particularly Sections 2(1)(e), 2(1)(f) and 22 of the GI Act, 1999, addresses the use and infringement of Geographical Indications in the Metaverse, in the light of India’s obligations under Articles 22 to 24 of TRIPS. It analyses the statutory definitions of “geographical indication” and “goods” and the application of the infringement provisions to emerging forms of virtual use. This research adopts a doctrinal methodology based on an analysis of statutes, judicial decisions, international legal instruments, scholarly literature and other relevant legal materials. The study addresses the interpretation of GI infringement in the Metaverse, cross-border jurisdiction, the identification of infringers and the enforcement of remedies.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 2883–2922.
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