Critically analyse the background and controversial cases for enacting the Geographical Indications of Goods (Registration and Protection) Act, 1999 in Indian scenario.

Geographical Indications (GI) serve to recognize the essential role geographic and climatic factors and/or human know-how can play in the end quality of a product. Like trademarks or commercial names GIs are also Intellectual Property Rights, which are used to identify products and to develop their reputation and goodwill in the market. The Agreement on Trade Related Aspects of Intellectual Property (TRIPS), prescribes minimum standards of protection of GIs and additional protection for wines and spirits. Articles 22 to 24 of Part II Section III of the TRIPS prescribe minimum standards of protection to the geographical indications that WTO members must provide. Under the Agreement on Trade Related Aspects of Intellectual Property (TRIPS), countries are under no obligation to extend protection to a particular geographical indication unless that geographical indication is protected in the country of its origin. India did not have such a specific law governing geographical indications of goods which could adequately protect the interest of producers of such goods. This resulted into controversial cases like basmati and rasgulla. Basmati is a variety of rice grown in India and is internationally famous for its taste, flavour, smell and texture. Farmers from Madhya Pradesh who grew the variety made attempts to have themselves registered as growers of Basmati rice and take advantage of the GI by accessing the international market. After a long-drawn battle, in 2018 Madhya Pradesh was excluded from the territory which could claim the GI tag of Basmati by an order of the IPAB. The states of West Bengal and Odisha found themselves involved in a tussle over GI of Rasgulla. Finally, West Bengal was granted "Banglar Rosgolla" and Odisha is in the process of getting "Jagannath Rasgulla" registered for their version of the roshgolla which emanates from the Jagannath Temple tradition. To prevent such unfair exploitation, it became necessary to have a comprehensive legislation for registration and for providing adequate legal protection to geographical indications. Accordingly, the Parliament enacted a legislation titled the Geographical Indications of Goods (Registration and Protection) Act, 1999 which came into force with effect from 15th September, 2003. The objectives of the Act are three-fold. They are: To protect the interest of producers, To exclude unauthorized persons from misusing GI, and To promote Indian goods for export.