INTRODUCTION

Geographical Indication (GI) is a crucial aspect of intellectual property rights that connects the unique qualities, reputation, or characteristics of products to their specific geographical origin. As defined by the World Intellectual Property Organization (WIPO), a GI is a sign used on products that have specific geographic origin and possess qualities or a reputation that are due to place of origin. 

INTERNATIONAL PROVISIONS

Internationally, the protection of GIs is governed by the Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement). Article 22 (1) of the TRIPS Agreement defines GI as an indication that identifies goods as originating in the territory of a member, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. In the global context, Sui generis protection systems are specifically designed for the registration and protection of GIs, offering independent and tailored legal frameworks to safeguard these unique identifiers. 

PROVISIONS IN NEPAL

In Nepal, the legal framework for GI protection is still developing, there are no sui generis laws dedicated to GI registration. Instead, GI can be protected in Nepal through registration of a collective trademark. applying for the collective trademark one must abide by the quality of production. The process for registering a foreign collective trademark is similar to the procedure for registering a foreign trademark.
Additionally, Consumer Protection Act of Nepal, 2018, indirectly supports GI protection by regulating goods and services and empowering authentic products, thereby protecting consumer rights. This framework helps ensure that consumers receive genuine products, which is critical in the context of GIs. 
Nepal is home to many products with the potential for GI recognition, such as Ilam tea, Jomsom’s apple, Khukuri, Palpali Dhaka, Yarsagumba, Bhaktapur’s Juju Dhau. Protecting these GIs is essential for preserving the traditional methods of production that are deeply intertwined with the culture and history of specific regions. This protection ensures that cultural traditions are passed down through generations, maintaining the unique identity and heritage of these products. Moreover, GI products often command higher prices in the market due to their distinctive qualities and established reputation. This increased market value stimulates economic growth in the regions where these products originate, generating employment opportunities and boosting income for local communities.               
To qualify as a GI, a sign must indicate that a product originates from a specific location. Furthermore, the qualities, characteristics, or reputation of the product must be inherently tied to its place of origin. This implies that the product's attributes are directly influenced by its geographical production area, establishing a strong connection between the product and its original production site.

CONCLUSION
Geographical Indications play a vital role in safeguarding and promoting Nepal's diverse products, deeply rooted in the country's rich cultural and geographic heritage. By legally recognizing GIs, Nepal not only protects the intellectual property rights of its local producers but also prevents the misuse of names associated with specific regions. This legal protection preserves cultural heritage and traditional knowledge, contributing to economic growth by adding value to local products and benefiting both producers and consumers. As Nepal continues to refine its legal framework for GI protection, the country stands to gain significant economic and cultural benefits on the global stage.

Disclaimer 
We hereby inform all readers that the content of this article is for informational purposes only and should not be considered as legal advice.

For further information or legal consultation, please contact us at: info@apexlaw.com.np