Geographical Indication
1. Descriptive indications cannot actually be registered as trademarks.
2. This also applies to designations that refer to the geographical origin of the product, such as city
names
3. Nevertheless, geographical indications can, under certain conditions, be protected as a
trademark for a company
Meaning
1. A geographical indication is a sign which is used on products that have a specific geographical
origin and possess qualities or a reputation that are due to that origin
2. In simpler terms, GI is a status accorded to a good which is unique to a particular region or area,
and are originated from there.
3. These goods have a reputation for their quality. They are associated with a sense of legitimacy
and trust simply because they have the tag of belonging to that region.
4. For example, Basmati rice is known for its unique aroma and long grains.
The following types of goods are covered under the ambit of GI –
Agricultural (example, Basmati rice)
Natural (example, Makrana marble)
Handicraft or of any industry (example, Kashmiri pashmina)
Food stuff (example, Dharwad pedha)
Indian GI laws and Jurisdictions
1. The laws relating to GI were introduced in India after the ratification of the Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS).
2. The Geographical Indications of Goods (Registration and Protection) Act, 1999, along with the
Geographical Indications of Goods (Registration and Protection) Rules, 2002 govern GI
registrations and goods.
The object of the Geographical Indications of Goods (Registration and Protection) Act, 1999, is three
fold,
1. By specific law governing the geographical indication of goods in the country which could
adequately protect the interest of producers of such goods,
2. To exclude unauthorized persons from misusing geographical indications and to protect
consumers from deception and,
3. To promote goods bearing Indian Geographical Indication in the export market
Rights TO USE the GI.
1. A registered Geographical Indications prohibit a third party to use such Geographical indication
by any means in the designations or presentations of goods that indicate that such goods
originates in a geographical area.
2. For example, Darjeeling Tea (Word) - Hence, Tea Board, Registered Proprietor of Darjeeling Tea
can prohibit any third party from using the term "Darjeeling" for tea that does not grow in their
gardens or is not produced according to the standards set out in the code of practice for the
registered Geographical Indication.
Geographical Indications Registry in Chennai has complete jurisdiction over the GI goods in India,
including, but not limited to, their registration and application process.
Duration of Protection
A Geographical Indication is registered for a period of 10 years and the registration may be renewed
from time to time for a period of 10 years at a time.
Registration of Geographical Indications
An application for the registration of a GI is to be made to the Registrar of Geographical Indications in
the form prescribed
Types of Applications:
o Ordinary – For registration of a GI in India.
o Convention – Registration of a GI, which is already recognized in another country.
o Single Class – Includes the registration of goods belonging to a particular class of goods.
o Multi Class – Includes the registration of goods belonging to multiple classes of goods.
The Geographical Indications registry demands that the “application must be made in triplicate
WHO CAN APPLY
The applicants may be
1. the producer(s) of the respective goods themselves,
2. or any organization or authority which have the permission to act as the agent of the
producer(s).
The application must contain all the relevant details like –
1. The details of the “principal place of business”,
2. Historical evidence to back the claims.
3. A detailed description of the good and its usage.
4. The method of production.
5. Other relevant details for determining the GI status of the good.
The application will be subjected to scrutiny by the Registry and a panel of experts
Upon the acceptance of the application, the Registry will publish the same within three months
of the acceptance.
Any person can file an opposition to the publication of the GI application within three months
(extension can be provided for another month).
POST REGISTRATION
1. After the acceptance of the application, the date of filing of the application will be the date of
registration. A certificate with the seal of the GI registry shall be issued to the applicant.
2. Appeal against the registration can be made to the Intellectual Property Appellate Board within
three months of the registration of the good.
EFFECTS FO REGISTARTION OF GI
1. Registration of a GI gives its owner and the authorised users the exclusive right to use the
indications on the good in which it is registered.
AuthorizedAuthorized users enjoy the right to sue for infringement.
It provides legal protection to geographical signs in India.
2. Further, registration gives right to institution of suit against infringement and recovery of
damages for such infringement.
What Are The Advantages of a Registered GI EFFECTS OF REGISTRATING A GI
For a Producer:
1. A producer of a good which has been accorded the status of a geographical indication has
various commercial advantages.
2. The producer becomes the sole seller of the commodity, and in the case of having a single
“principal place of business” can even be said to have a monopoly.
3. GI registration provides the registered producer and the authorized user the exclusive right to
protect the registered GI on the specified goods.
4. GI registration is a producer friendly legislation, aimed at protecting the industry for unique
goods, whose uniqueness exists due to their geographical location.
5. GI, as a type of Intellectual Property (IP), has a lot of commercial value.
For a Consumer:
1. A good which has a GI tag is associated with immense reputation in terms of quality and
prestige.
2. A consumer gets value for their money when they buy a good with a GI tag, as the tag ensures
that the product has all the features associated with it.
3. For example, the taste of real Darjeeling tea is different from that of those trying to pass of their
products as the same.
4. The majority of goods applying for GI Registration belong to the micro, small and medium
enterprises, which majorly originate from the rural areas.
5. GI registration aids the enterprises to increase their market share, which otherwise would have
been dominated by the large businesses. Hence, the consumers get authentic goods instead of
generic and mass produced goods.
the subject matters which are not registrable under geographical Indication
Section 9 of the Geographical Indication of Goods (Registration and Protection) Act, 1999 names a few
exceptions, which cannot be registered under the GI Registry.
The use of which would cause confusion or confusion; or
The use of which shall be contrary to the time of enactment of any law; or
Which includes or is libellous or indecent matter; or
Which is likely to involve or cause force injury at any time; Religious sensitivity of any class or
class of citizens of India; or
Which would otherwise be destroyed for protection in a court; or
Those determined to indicate common names or objects and, therefore, to be preserved in their
country of origin or which are not in use in that country; or
However, this is actually true as the area or locality in which the goods originate but
misrepresents the individuals that the goods originate in another area, region or locality as the
case may be.
