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Geographical Indication

The document provides an overview of geographical indications (GI) in India. It defines GI and discusses some famous examples. It outlines the history of GI protection in India, including controversial cases involving Neem, Turmeric and Basmati rice that led to the passage of the Geographical Indications of Goods Act in 1999. The objectives and provisions of the Act are summarized, including registration process, duration of registration, and prohibited GIs. Infringement and available remedies are also briefly mentioned.

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0% found this document useful (0 votes)
357 views51 pages

Geographical Indication

The document provides an overview of geographical indications (GI) in India. It defines GI and discusses some famous examples. It outlines the history of GI protection in India, including controversial cases involving Neem, Turmeric and Basmati rice that led to the passage of the Geographical Indications of Goods Act in 1999. The objectives and provisions of the Act are summarized, including registration process, duration of registration, and prohibited GIs. Infringement and available remedies are also briefly mentioned.

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Geographical Indication

(GI & GI Tag)

By Tanisha Gangrade
We will learn in this Lecture…
✓ Introduction of Geographical ✓ Who can apply G.I.
Indication ✓ Registration Process of G.I. in India
✓ What do you mean by Geographical ✓ Duration of Registration
Indication? ✓ Prohibition of Registration certain G.I.
✓ History of Geographical Indication ✓ Infringement
✓ Geographical Indication Act, 1999 ✓ Conclusion
✓ Objective of G.I. Act, 1999 ✓ G.I. Tag – 2023
✓ Geographical Indication Registration ✓ State wise GI Tag List
Geographical Indication (G.I.)

Introduction
➢ Most of us heard about the product like champagne,
Darjeeling Tea, Mysore Silk, and Scotch, and there is one
thing common among all that all of them are related to a
particular geographical region that acts a source of origin for
these goods; that is why these geographical also work as
authentication for quality and specific unique attributes that
these goods possess due to their geographical origin.
What do you mean by Geographical Indications?
➢ Under the Section 2 (e) of the G.I. Act, 1999 defines-
“Geographical Indication, in relation to goods, means an indication which
identifies such goods as agricultural goods, natural goods or manufactured
goods as originating, or manufactured in the territory of a country, or a region
or locality in that territory, where a given quality, reputation or other
characteristics of such goods is essentially attributable to its geographical
origin and in a case where such goods are manufactured goods one of the
activities of either the production or of processing or preparation of the goods
concerned takes place in such territory, region or locality, as the case may be.”
➢ Some better-known examples of GI are “Champagne,” “Bordeaux,” and
“Chianti,” the first two being regions in France and the third, a region in
Italy, all famous for their wines.
➢ In the Indian context, ‘Darjeeling Tea’ was the first GI registered under the
GI Act.
➢ This GI is registered in the name of the Tea Board of India which also hold
GI registrations for ‘Nilgiri Tea’ and ‘Assam Tea’.
➢ Similarly, the Coffee Board (under the Ministry of Commerce & Industry)
has a subsisting registration for Malabar Coffee.
➢ Other well-known GIs include ‘Kashmiri Pashmina’, ‘Mysore Silk’,
‘Lucknow Chicken Craft’ and ‘Feni’.
History
✓ Why G.I. Act, 1999 got introduced in India?

➢ Under the TRIPS (Trade-Related Aspects of Intellectual Property),


countries do not have a mandatory obligation to protect a geographical
indication if that geographical indication is not covered within the country
of its origin.
➢ Moreover, India did not have any laws before 1999 related to geographical
indication which could protect the interest of the producers of G.I. goods.
✓ So, what made India introduce the Geographical Indications of Goods
(Registration and Protection) Act, 1999?

➢ It was due to three controversial cases related to Neem, Turmeric, and


Basmati.
1. Azadirachta Indica is the botanical name of the neem tree and the tree is
referenced in Indian old texts for more than 2000 years ago and has been
connected for centuries in agriculture as an insect and pest repellent,
veterinary medicine, cosmetics and toiletries. Neem extracts can be used
against hundreds of pests and fungal diseases that attack food crops; the oil
extracted from its seeds can be used to cure cold and flu also mixed in soap,
it provides relief from skin diseases, malaria and meningitis as well. In
1994, European Patent Office (EPO) granted a patent to the US Corporation
W.R. Grace Company and US Department of Agriculture for a method
for controlling fungi on plants by the aid of hydrophobic extracted Neem
oil. In 1995, a group of international NGOs and representatives of Indian
farmers filed legal opposition against the patent. They submitted evidence
that the fungicidal effect of extracts of Neem seeds had been known and
used for centuries in Indian agriculture to protect crops, and therefore, were
unpatentable. In 1999, the EPO determined that according to the evidence
all features of the present claim were disclosed to the public prior to the
patent application and the patent was not considered to involve an inventive
step. In May 2000 EPO revoked the patent which was granted for neem.
2. In March 1995, in the case of turmeric, a US Patent was granted to two
NRI’s for turmeric to be used as a wound-healing agent. CSIR opposed this
Patent at the USPTO based on “Prior Art”, it claimed that turmeric had been
used for thousand years for treating wounds and rashes in India, and hence it
was not a new invention. CSIR showed an antique Sanskrit manuscript
and a paper published in 1953 in the Indian Medical Association Journal
as documentary evidence. The U.S. patent office upheld the objections and
cancelled the Patent.
3. In the case of basmati, a US Patent granted to Texas-based Rice Tec Inc
claimed that their invention is related to a new breed of rice plants and
grains. The USPTO approved the Patent on “Basmati Rice Line and
Grains” in 1997. After three years of examination and accepted 20 claims
put forward by Rice Tec Inc., India opposed the Patent and challenged it.
A team of agricultural scientists presented various proofs and supporting
information to establish prior art in this area in India. Evidence against the
claim was so strong that the company withdrew 15 claims, and only five
claims out of 20 claims of the company RiceTec Inc. survived Indian
challenges. The patent granted to new hybrid variants that have nothing to
do with basmati.
Geographical Indication Act, 1999

➢ After these three cases, the Indian government, to prevent unfair exploitation,
realised the importance of having comprehensive legislation for the registration
and providing adequate legal protection to geographical indications.
➢ The Parliament enacted the Geographical Indications of Goods
(Registration and Protection) Act, 1999, which came into power with effect
from 15th September 2003.
➢ The present G.I. is governed by the Geographical Indications of Goods
(Registration & Protection) Act, 1999, and the Geographical Indication of
Goods (Regulation and Protection) Rules, 2002.
Objectives of the G.I. Act,1999

The objectives of the G.I. Act 1999 is threefold,

1. It is to prohibit unauthorised persons from misusing geographical


indications and to protect consumers from deception,

2. Particular law governing the geographical indication of goods in India


which could well enough to cover the concern of yielders of such goods,

3. To encourage and promote exports of the goods bearing India


Geographical Indication.
Geographical Indication registration

➢ Section 8 of the G.I. Act gives that a Geographical Indication may be


registered regarding any or all of the goods, included in such types of goods
as may be listed by the registrar.
➢ Moreover, regarding a particular area of a country, or a region or locality in
that territory, as the case may be.
➢ According to the prescribed manner, the registrar may also classify the goods
according to the international division of goods to register geographical
indications and publish in an alphabetical index of various goods.
Who can apply for G.I.?

➢ Any union of persons or producers or any organisation or authority


established by or under any law expressing the concern of the producers of
the concerned goods can apply for registration of a geographical indication.

➢ The ‘Producer’ means in G.I. Act –

➢ Anyone who provides the goods in case agricultural goods and involves
the person who prepares or packages such goods.
➢ Anyone who utilises the goods in case of natural goods.
➢ Anyone who creates or
produces the handiwork or
manufactured goods.

➢ Anyone who purchases or


trades in such production,
exploitation, building or
manufacturing of the
goods.
Duration of registration

➢ The validity of a registered geographical indication is ten years and can be

renewed from time to time on payment of the renewal fee.

Prohibition of registration of certain Geographical Indications

For registration, the G.I. must fall within the extent of the definition of the
expression “geographical indication” as provided under Section 2 (1) (e) of the
G.I. Act. In addition, such a G.I. should not fall in the purview of prohibiting acts
contained in Section 9, which are as follows:
➢ The use of which will likely to deceive or confuse; or

➢ The use of which will be opposed to any law which is in the force at that time; or

➢ Which includes or contains disreputable or offensive matter; or

➢ Which constitutes or contains any element likely to hurt the religious


sensitivities of any group or community of the citizens of India; or
➢ Which will contrarily be disentitled to safeguard in a court; or

➢ Which are confirmed to be nonexclusive names or indications of goods and are,


hence, not or discontinued to be guarded in their country of origin, or which have
come into disuse in that country; or
➢ Which, although belongs to another territory, region or locality in which the
goods originate, but dishonestly represent to the persons that the goods originate
in another territory, area or locality, whatever the case may be.

Infringement

➢ The Act also provides for infringement and passing off actions, thus recognizing
the common law right in a GI, which includes civil as well as criminal remedies.
➢ Infringement has been defined to include unfair competition.
➢ An action for infringement of a GI may be initiated in a District Court or High
Court having jurisdiction.
➢ Available relief includes injunctions, discovery of documents, damages or
accounts of profits, delivery up of the infringing labels, and indications for
destruction or erasure.

Conclusion
➢ India is still an agricultural economy even though the GDP contribution of the
agricultural sector is about 18 per cent. However, approximately 60 per cent of
India’s population still works in the agricultural industry. That is why having a
law like the G.I. act, 1999 and making it even stricter and better is crucial to
protect farmers’ rights and prevent farmers and workers that work in the
agricultural sector.
List of G.I. Tag 2023
(Source: - BYJU’s)

GI Tags

Products Categories States/UTs

Kashmir Saffron Agriculture Jammu & Kashmir

Manipuri Black Rice Food Stuff Manipur

Kandhamal Haladi Agricultural Odisha

Rasagola Food Stuff Odisha

Kodaikanal Malai Poondu Agricultural Tamil Nadu


Pawndum Handicraft Mizoram

Ngotekherh Handicraft Mizoram

Hmaram Handicraft Mizoram

Palani Panchamirtham Food Stuff Tamil Nadu

Tawlhlohpuan Handicraft Mizoram

Mizo Puanchei Handicraft Mizoram

Gulbarga Tur Dal Agricultural Karnataka

Tirur Betel Leaf (Tirur Vettila) Agricultural Kerala


Khola Chilli Agricultural Goa

Idu Mishmi Textiles Handicraft Arunachal Pradesh

Dindigul Locks Manufactured Tamil Nadu

Kandangi Saree Handicraft Tamil Nadu

Srivilliputtur Palkova Food Stuff Tamil Nadu

Kaji Nemu Agricultural Assam


State-Wise List of GI Tags in India

➢ GI Tag Students can check the GI Tags of different states for different products
in this section. We have comprehensively covered the GI Tags assigned to each
state in this article.
➢ The GI Tags on any product help to protect it from any unauthorized use and
gives legal protection.
➢ Students can check the GI Tags of different states for different products from
the state-wise categorized tables given below.
Indian State Geographical Indication Tag
Andhra Pradesh Srikalahasthi Kalamkari
Kondapalli Bommallu
Machilipatnam Kalamkari
Budithi Bell & Brass Metal Craft
Andhra Pradesh Leather Puppetry
Uppada Jamdani Sarees
Venkatagiri Sarees
Bobbili Veena
Mangalagiri Sarees and Fabrics
Dharmavaram Handloom Pattu Sarees And Paavadas
Udayagiri Wooden Cutlery
Durgi Stone Carvings
Etikoppaka Toys
Allagadda Stone Carving
Tirupati Laddu
Bandar Laddu
Guntur Sannam Chilli
Araku Valley Arabica Coffee

Indian State Geographical Indication Tag


Arunachal Pradesh Idu Mishmi Textiles
Arunachal Orange
Indian State Geographical Indication Tag
Assam Muga Silk of Assam
Muga Silk of Assam (Logo)
Assam Karbi Anglong Ginger
Joha Rice of Assam
Tezpur Litchi
Boka Chaul
Kaji Nemu

Indian State Geographical Indication Tag


Bihar Madhubani Paintings
Applique (Khatwa) Work of Bihar
Sujini Embroidery Work of Bihar
Sikki Grass Products of Bihar
Bhagalpur Silk
Applique (Khatwa) Work of Bihar (Logo)
Sikki Grass Products of Bihar (Logo)
Sujini Embroidery Work of Bihar(Logo)
Bhagalpuri Zardalu
Katarni Rice
Maghai Paan
Shahi Litchi of Bihar
Silao Khaja

Indian State Geographical Indication Tag


Chhatisgarh Bastar Dhokra
Bastar Wooden Craft
Bastar Iron Craft
Indian State Geographical Indication Tag
Goa Khola Chilli
Feni

Indian State Geographical Indication Tag


Gujarat Sankheda Furniture
Agates of Cambay
Kutch Embroidery
Tangaliya Shawl
Surat Zari Craft
Kachchh Shawls
Patan Patola
Sankheda Furniture (Logo)
Kutch Embroidery (Logo)
Agates of Cambay (Logo)
Jamnagari Bandhani
RajKot Patola
Pethapur Printing Blocks
Gir Kesar Mango
Bhalia Wheat

Indian State Geographical Indication Tag


Himachal Pradesh Kullu Shawl
Kangra Tea
Chamba Rumal
Kinnauri Shawl
Kullu ShawL (Logo)
Kangra Paintings
Himachali Kala Zeera
Himachali Chulli Oil

Indian State Geographical Indication Tag


Jharkhand Sohrai – Khovar Painting

Indian State Geographical Indication Tag


Jammu & Kashmir Kani Shawl
Kashmir Pashmina
Kashmir Paper Machie
Kashmir Walnut Wood Carving
Khatamband
Kashmiri Hand Knotted Carpet
Saffron (Mongra, Lachha, Guchhi)

Indian State Geographical Indication Tag


Karnataka Mysore Silk
Bidriware
Channapatna Toys & Dolls
Mysore Rosewood Inlay
Kasuti Embroidery
Mysore Traditional Paintings
Ilkal Sarees
Ganjifa Cards of Mysore
Navalgund Durries
Karnataka Bronzeware
Sandur Lambani Embroidery
Kinhal Toys
Udupi Sarees
Mysore Silk (Logo)
Coorg Orange
Mysore Betel leaf
Nanjangud Banana
Udupi Mallige
Mysore Mallige
Hadagali Mallige
Coorg Green Cardamom
Devanahalli Pomelo
Appemidi Mango
Kamalapur Red Banana
Bangalore Blue Grapes
Coorg Arabica Coffee
Chikmagalur Arabica Coffee
Bababudangiri Arabica Coffee
Sirsi Supari
Gulbarga Tur Dal
Dharwad Pedha
Mysore Agarbathi
Mysore Sandalwood Oil
Mysore Sandal soap
Indian State Geographical Indication Tag
Kerala Tirur Betel Leaf (Tirur Vettila)
Alleppey Coir
Navara Rice
Palakkadan Matta Rice
Alleppey Green Cardamom
Maddalam of Palakkad
Screw Pine Craft of Kerala
Brass Broidered Coconut Shell Crafts of Kerala
Pokkali Rice
Vazhakulam Pineapple
Cannanore Home Furnishings
Balaramapuram Sarees and Fine Cotton Fabrics
Kasaragod Sarees
Kuthampully Sarees
Central Travancore Jaggery
Wayanad Jeerakasala Rice A
Wayanad Gandhakasala Rice
Payyannur Pavithra Ring
Chendamangalam Dhoties & Set Mundu
Kaipad Rice
Chengalikodan Nendran Banana
Kuthampully Dhoties & Set Mundu
Maddalam of Palakkad (Logo)
Brass Broidered Coconut Shell Craft of Kerala (Logo)
Screw Pine Craft of Kerala (Logo
Nilambur Teak
Wayanad Robusta Coffee
Marayoor Jaggery (Marayoor Sharkara)

Indian State Geographical Indication Tag


Madhya Pradesh Chanderi Sarees
Leather Toys of Indore
Bagh Prints of Madhya Pradesh
Bell Metal Ware of Datia and Tikamgarh
Maheshwar Sarees & Fabrics
Bell Metal Ware of Datia and Tikamgarh (Logo)
Leather Toys of Indore (Logo)
Ratlami Sev
Bagh Prints of Madhya Pradesh (Logo)
Jhabua Kadaknath Black Chicken Meat

Indian State Geographical Indication Tag


Maharashtra Solapur Chaddar
Solapur Terry Towel
Puneri Pagadi
Nashik Valley Wine
Paithani Sarees and Fabrics
Mahabaleshwar Strawberry
Nashik Grapes
Kolhapur Jaggery
Ajara Ghansal Rice
Mangalwedha Jowar
Sindhudurg & Ratnagiri Kokum
Waghya Ghevada
Navapur Tur Dal
Vengurla Cashew
Lasalgaon Onion
Sangli Raisins
Beed Custard Apple
Jalna Sweet Orange
Waigaon Turmeric
Purandar Fig
Jalgaon Bharit Brinjal
Solapur Pomegranate
Bhiwapur Chil
Ambemohar Rice
Dahanu Gholvad Chikoo
Jalgaon Banana
Marathwada Kesar Mango
Karvath Kati Sarees & Fabrics
Alphonso
Sangli Turmeric

Indian State Geographical Indication Tag


Manipur Shaphee Lanphee
Wangkhei Phee
Moirang Phee
Kachai Lemon
Chak-Hao
Indian State Geographical Indication Tag
MIzoram Mizo Chilli
Pawndum
Ngotekherh
Hmaram
Tawlhlohpuan
Mizo Puanchei

Indian State Geographical Indication Tag


Meghalaya Khasi Mandarin
Memong Narang
Indian State Geographical Indication Tag
Nagaland Naga Mircha
Naga Tree Tomato
Chakhesang Shawl

Indian State Geographical Indication Tag


Orissa Kotpad Handloom fabric
Orissa Ikat
Konark Stone carving
Orissa Pattachitra
Pipli Applique Work
Khandua Saree and Fabrics
Gopalpur Tussar Fabrics
Ganjam Kewda Rooh
Ganjam Kewda Flower
Dhalapathar Parda & Fabrics
Sambalpuri Bandha Saree & Fabrics
Bomkai Saree & Fabrics
Habaspuri Saree & Fabrics
Berhampur Patta (Phoda Kumbha) Saree & Joda
Orissa Pattachitra (Logo)
Kandhamal Haladi
Odisha Rasagola
Indian State Geographical Indication Tag
Rajasthan Kota Doria
Blue Pottery of Jaipur
Molela Clay Work
Kathputlis of Rajasthan
Bikaneri Bhujia
Kota Doria (Logo)
Bagru Hand Block Print
Thewa Art Work
Makrana Marble
Molela Clay Work of Rajasthan (Logo)
Blue Pottery of Jaipur (Logo)
Kathputlis of Rajasthan (Logo)
Pokaran Pottery
Indian State Geographical Indication Tag
Tamil Nadu Salem Fabric
Kancheepuram Silk
Kancheepuram Silk
Madurai Sungudi
Coimbatore Wet Grinder
Thanjavur Paintings
Temple Jewellery of Nagercoil
Thanjavur Art Plate
East India Leather
Salem Silk known as Salem Venpattu
Kovai Kora Cotton Sarees
Arani Silk
Swamimalai Bronze Icons
Eathamozhi Tall Coconut
Thanjavur Doll
Nilgiri (Orthodox)
Virupakshi Hill Banana
Sirumalai Hill Banana
Madurai Malli
Pattamadai Pai (“Pattamadai Mat”)
Nachiarkoil Kuthuvilakku (“Nachiarkoil Lamp”)
Chettinad Kottan
Toda Embroidery
Thanjavur Veenai
Thanjavur Art Plate (Logo)
Swamimalai Bronze Icons (Logo)
Temple Jewellery of Nagercoil (Logo)
Mahabalipuram Stone Sculpture
Erode Manjal (Erode Turmeric)
Thirubuvanam Silk Sarees
Kodaikanal Malai Poondu
Palani Panchamirtham
Dindigul Locks
Kandangi Saree
Srivilliputtur Palkova
Kovilpatti Kadalai Mittai
Thanjavur Pith Works
Arumbavur Wood Carvings
Indian State Geographical Indication Tag
Tripura Tripura Queen Pineapple

Indian State Geographical Indication Tag


Uttar Pradesh Allahabad Surkha Guava
Lucknow Chikan Craft
Malihabadi Dusseheri mango
Banaras Brocades and Sarees
Hand Made Carpet of Bhadohi
Agra Durrie
Farrukhabad Prints
Lucknow Zardozi
Banaras Brocades and Sarees (Logo)
Kalanamak Rice
Firozabad Glass
Kannauj Perfume
Kanpur Saddlery
Moradabad Metal Craft
Saharanpur Wood Craft
Meerut Scissors
Khurja Pottery
Banaras Gulabi Meenakari Craft
Varanasi Wooden Lacquerware & Toys
Mirzapur Handmade Dari
Nizamabad Black Pottery
Banaras Métal Repoussé Craft
Varanasi Glass beads
Ghazipur Wall Hanging
Varanasi Soft Stone Jali Work
Chunar Balua Patthar
Gorakhpur Terracotta

Indian State Geographical Indication Tag


West Bengal Darjeeling Tea (word & logo)
Nakshi Kantha
Santiniketan Leather Goods
Malda Laxman Bhog Mango
Khirsapati (Himsagar) mangoes
Malda Fazli Mango
Santipur Saree
Baluchari Saree
Dhaniakhali Saree
Joynagar Moa
Bardhaman Sitabhog
Bardhaman Mihidana
Gobindobhog Rice
Tulaipanji Rice
Banglar Rasogolla
Bankura Panchmura Terracotta Craft
Bengal Patachitra
Purulia Chhau Mask
Wooden Mask of Kushmandi
Madur kathi
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