Geographical Indication

A geographical indication is a type of intellectual property right that is

basically used for product protection with regards to its geographical origin,
and the idea behind it is that the qualities of that product are derived from
the concerned place of production. As the geographical indication is usually
closely tied to the cultural heritage and traditional methods of production of
the particular region the product belongs to, geographical indication helps
not only to preserve and promote these traditions but is also essential for
maintaining cultural diversity and identity.
A geographical indication is a sign used on products that has a specific
geographical origin and includes the qualities or reputation of that origin. A
geographical indication is given mainly to agricultural, natural, and
manufactured handicrafts arising from a certain geographical area.
Geographical indications (G.I.) are one of the forms of IPR which identifies a
good as originating in the respective territory of the country, or a region or
locality in that particular territory, where a given quality, reputation or other
characteristic related to the good is essentially attributable to its
geographical origin. The relationship between objects and place becomes so
well known that any reference to that place is reminiscent of goods
originating there and vice versa. It performs three functions:

 First, it identifies the goods as to the origin of a particular region or

locality;
 Secondly, it suggests to consumers that goods come from a region
where a given quality, reputation, or other characteristics of the
goods are essentially attributed to their geographic origin;
 Third, they promote the goods of producers of a particular region.
They suggest to the consumer that the goods come from this area
where a given quality, reputation or other characteristics of goods
are essentially attributable to the geographical region.
G.I. is a kind of sign used for goods that have a specific geographical origin
and possess qualities or a reputation that are due to that particular place of
origin. Basmati rice and Darjeeling tea are examples of G.I. from India. Article
22 of the TRIPS Agreements defines a geographical indication as a sign that
is used on goods that have a specific geographical origin and which possess
qualities, reputation or characteristics that are essentially attributable to that
particular geographical place of origin.

As a result, India was implemented in 1999 when the TRIPS Agreement was
incorporated as a member state of the Sui-Genis law for the protection of
geographical Indication. The object of the Geographical Indicators Goods
(Registration and Protection) Act, 1999, has three folds:
  By specific laws governing the geographical Indication of goods in
the country, which can adequately protect the interests of the
producers of such goods,
 To exclude unauthorized persons from misuse of geographical
signals protect consumers from fraud, and
 Promoting Indian geographical bearing goods in the export market.
A registered geographic sign prohibits in any way the use of a geographical
insignia which indicates in the designation or representation of goods that
such goods originate in a geographic area. For example, Basmati rice and
Darjeeling tea are examples of G.I. from India. The connection between the
goods and place becomes so much recognized that any reference to the
place reminds those specific goods being produced there and vice-versa.
Some of the Examples of Indian geographical indications which are registered
in India are:

 Basmati rice
 Darjeeling tea
 Banaras Brocades and Sarees
 Coorg orange
 Phulkari
 Kolhapuri chappals
 Kangivaram sarees
 Agra Petha

Geographical Indication in India

In India, Section 2 (1)(g) of the Geographical Indication of Goods (Registration
and Protection) Act 1999, designs geographical indication in relation to goods
to mean and identification which identifies such goods as agriculture 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 the case where such goods are
manufactured goods, one of the activities of either the production aur of
processing or preparation of the goods concerned takes place in such
territory, region or locality, as the case may be.

For the purpose of this provision, any name that is not the name of a country,
region or locality of that country shall also be considered a geographical
indication if it relates to a specific geographical area and is used upon or in
relation to a particular goods originating from the country, region or locality,
as the case may be.
Functions of geographical
indications
Geographical indications, being a form of intellectual property protection that
is used to identify and promote products that originate from a specific
geographical region, perform a range of economic and other functions that
usually depend upon how the producer is using the geographical indications
in consonance with the consumer’s view of them. The primary functions of
geographical indication are as follows-

It provides for legal protection

Geographical indications are legally recognised and protected under various
national and international laws as well as agreements such as World Trade
Organisation agreements on trade-related aspects of intellectual property
rights. Protection shows that the use of geographical indications is controlled
and monitored, as they are essential for protecting the identity, quality and
reputation of products associated with specific geographic regions, which
benefit both the producers and the consumers.

What are the benefits of protection as a

geographical indication
The research and practice communities in India have given geographic
signals a great deal of attention. Having a product protected by geographical
indicators may have advantages. Although the advantages will differ from
nation to nation, using GIs might boost export revenue and positively impact
rural development. Each must assess in particular if the compromises, if any,
necessary in discussions to extend TRIPS recognition and protection are
justified by the short- and long-term benefits, as well as its current and
potential geographical indications and capacity to administer an extended
system.

Currently, semi-processed goods like coffee and tea, processed meals like
beverages, fruit marmalades, preserves, and sauces, and staples like rice and
salt are all commonly used labels to highlight the GI connection between a
food and a location. Whether used alone or in conjunction with trademarks,
geographical indications, albeit less common than trademarks in terms of
values and volumes processed and sold, have the potential to be very
beneficial for small businesses and rural areas. Numerous foods with
geographical indications are handmade, traditional, and from rural areas.
They are produced by tiny or microbusinesses. These characteristics
frequently increase their allure and cost, particularly when they are offered in
export or domestic niche markets like gourmet or specialised markets.
Furthermore, in many Indian regions, the effective application of
geographical indicators may have a limited but favourable impact on farming,
food processing, rural development, and export revenue. Rural towns could
gain social and economic advantages by promoting their local cuisine.

The study’s most significant conclusion is the unmistakable proof of the

producers’ increased disposable income during the post-geographic
indicators era. The product’s increasing demand pattern following the
protection of intellectual property rights and product diversity may be the
cause of the higher revenue trend. Thus, it can be concluded that providing
this geographical indication with the proper legal protection would greatly
benefit in preventing abuse and spurring economic development.

Geographical indication as an
indicator of origin
Geographical indications serve as an identification of the product’s origin or
have some other connection to it. Terroir refers to the entirety of the local
environment, encompassing terrain, soil composition, weather patterns, and
expertise, which geographical indications refer to when they are tagged with
any product.

A widely accepted hypothesis states that the geographical indications serve

as a special combination of the origin and quality functions. They provide
details about the product’s geographical origin as well as non-geographic
characteristics related to that origin. The idea of terroir serves as the
foundation for combining these two roles.

“A relatively small area or surroundings whose geology, topography,

microclimate, flora and other related factors bestow distinctive qualities to a
product” is the narrowest definition of terroir. Every product ought to
represent its location in an eminent manner. As a result, distinct products can
be identified with one another and linked to their place of origin. There is no
justification for referring to things from different regions using the same
geographical term because they are distinct from one another.

Geographical indication acts as a

producer’s device
Geographical indications contribute to the preservation of product originality
and quality. Uniform product quality is ensured by producers operating within
the designated geographical area who frequently adhere to traditional or
particular production processes and norms.
A producer should make an effort to set his products apart from those of
other producers. It has always eluded manufacturers of highly commoditized
goods, like agricultural products, to harness the power of branding.
Geographical indications give producers a new or additional way to identify
their goods as excellent and entice consumers to make additional purchases.
For small-scale producers that cannot afford the substantial expenditures
required to support a single brand, this might be quite important.

As long as the promotion and investment functions are adequately

safeguarded, producers may use regional indications to support the prices of
their products. Producers may capitalise on customer demand for diverse,
high-quality products by using geographic indications to unlock value. This is
why producers find geographic indications valuable.

It provides information to consumers

Geographical indications guarantee that items live up to expectations by
suggesting attributes they possess or that consumers connect with them. The
relevance of a geographical indicator is in the way the customer associates
the name of the geographical place with attributes like flavour, quality, or
other relevant features.

If there is no reciprocity or association between the geographical region and

the quality attribute, then the geographic indication will be clearly worthless
for the consumer. Information helps consumers make logical decisions.
Obtaining information regarding the quality of a product that cannot be
examined or evaluated before purchase is frequently challenging and time-
consuming. You have to take risks. The product’s source helps the customer
recognise it and offers a range of subjective expectations regarding its
quality and features. These expectations might be derived from
advertisements, past usage, or even suggestions from others. Since certain
items cannot be replicated elsewhere, it is imperative to prevent misleading
indications in the interest of customers if a geographical indication conveys
non-geographical traits developed from the product’s geographical origin.

Consumers are shielded against the use of false or misleading labels by the
information offered by registering a geographical indicator, which also gives
them options for products and information to help them make decisions.

It helps in preventing misuse

Geographical indications guard against the unapproved use of a product’s
name, stopping third parties from falsely promoting goods as being from the
same place of origin. This keeps customers from becoming confused and
safeguards the original product’s reputation.
It protects local cultures and
traditions
Geographical indications contribute to the preservation of culture by
preserving traditional production techniques, consumption patterns, and
cultural identity. The protection of geographical indications begins with this
function. Protection of geographical indications and related rules may only be
warranted if the indicators truly serve their intended purposes. It is
appropriate to use geographic indicators to preserve regional customs,
national culture, and cultural variety. This is due to the fact that geographical
markers, rather than encouraging innovation, reward producers who stick to
the customs of the production location.

Geographical indicators protect national treasures from imminent extinction

and also raise the marketing value of traditional artisan products. Products
with regional designations can be “cultural,” according to Broude, in three
ways:

1. the production culture of it,

2. the consuming culture of it, or
3. as a component of cultural identity.
A product is granted protection against geographical indications not only
because of its place of origin but also because it complies with certain
requirements regarding production processes and content. These practices
are frequently based on historical and social contexts and are not essential to
the final product’s features and attributes. The extinction of the practices
would also mean the extinction of the related manufacturing culture. Thus, in
order to preserve the historical and cultural integrity of production,
geographical indication regulations are applied. However, a culture of
consumption is necessary for the survival and appreciation of product traits
and attributes. By giving customers precise information about the place of
origin of items, we can preserve this culture of consumption. Products with
geographic indications serve as cultural icons or components of cultural
identity. They may stand for or symbolise a nation or an area.

Geographical indicators, then, serve as a safeguard against the homogeneity

that results from globalisation and serve as the keepers of cultural identity.
Products covered by registered geographical indications are known for their
quality due to a combination of human and environmental variables,
including regionally specific manufacturing techniques and natural elements
like climate. The ageing process of Roquefort cheese in the caves in the
Roquefort district of France serves as an example of how a product’s climate
can alter its quality.
It promotes rural development as well
as sustainability
Products with a geographic indication have a significant impact on producers
in developing nations. The fact that these traditional goods and activities are
tied to social structures is one of their salient features. For their food,
security, and health, many people in underdeveloped nations rely on these
traditional practices. For the impoverished in many nations, traditional
medicine offers the only affordable option.

A good indicator should be protected because of its touch of rural and

traditional attributes. Maintaining a high standard of quality is essential to
building a solid reputation and, frequently, a monopoly that allows you to
charge more. Geographical indications can thus support significant corporate
interests by helping to promote a region’s products.

Rural places gain extra impetus from geographic indications. When a

geographical indication is granted, the right holders will have the chance to
profit financially from it as well as the ability to keep out unauthorised users
by creating a barrier to entry in a certain market niche.

These characteristics will then translate into a fair allocation of expenses and
advantages for the communities and holders of geographical indications.
Intergenerational fairness will be aided by the subsequent generation of
incentives stemming from economic motivations to support and maintain
traditional methods and know-how. The society at large and the holders of
geographical indications will also profit from other indirect advantages, such
as the generation of jobs, the preservation of people in rural regions, and the
potential for tourism.

Local producers and the regional economy are anticipated to gain from a few
fundamental characteristics of a geographical indicator. They are listed
below-

 Geographical indications are preserved indefinitely as long as local

knowledge is maintained and they are kept from becoming generic.
This indicates that the primary purpose for which marketing
expenses are required is to inform customers about upcoming
product advancements.
 The right is not given to a single producer but to a group of
producers as a whole. As a result, the entire community will gain,
which could boost the local economy.
 Geographical indicators, in contrast to other intellectual properties,
are recognised rather than generated; that is, investments are tied
only to building a product’s reputation, whereas other intellectual
properties are related to the process of manufacturing items initially.
It provides a competitive advantage
Products with geographical indications eventually enjoy a competitive
advantage in the market because they are associated with a particular
region’s quality, heritage and unique characteristics.

International stance on geographical

indication
Since ancient times, geographical indications have been the most common
and popular assignments for specific items. Before the coming of agreement
on the Trade-related Aspects of Intellectual Property Rights, there were three
International multilateral agreements which were working on the issue of
protection of geographical indication, namely –

1. The Paris Convention

2. The Madrid Agreement
3. The Lisbon agreement

The Paris Convention

The Paris Convention represented 1883 industrial property security, which
limited bogus and deceitful indications through more extensive and broad
measures. It defined geographical indicators as indications of sources or
appellations of origin.

The appellation of origin is a special kind of geographical indication that has

been mentioned under this convention but has not been defined.

An indication of source is any expression or sign that indicates that a product

or service originates in a country, origin or specific place where it has
originated. For example, made in India or champagne.

The Madrid Agreement

The Madrid Agreement for the Repression of False and Deceptive Indications
of Sources on Goods of 1989 expressly targeted its smothering and
obstructing weakening of geographical indications into non-exclusive terms.
It provided better protection for geographical indications as it prohibited
misleading indications along with false indications.
The Lisbon Agreement
The Lisbon Agreement of 1958 provides a strong insurance policy
intercontinental in-role mint arrangement in geographical science. It ensured
appellation of origin guarantee. It offered stronger protection for appellations.

The characteristics of the above-mentioned three conventions, coupled with a

few additional ones, safeguard the trade-related aspects of intellectual
property rights agreements against geographical indications in the world.

TRIPS and Geographic Indication

Member states of the Trade-related Aspects of Intellectual Property Rights
treaty are required to provide the mechanism that enables interested parties
to prevent untruthful and misleading uses of geographical indication.

For instance, tea growers in Nepal may not call their tea Darjeeling tea or
Kangra tea, even if the tea grown is genetically identical.

The literal truth is not a defence if geographical indication misleads the

public. Article 23 of the trade-related aspects of intellectual property provides
for additional protection for a geographical indication of vines and spirits. It
includes three important elements, which are-

 The provision in the legality means for interested parties to prevent

the use of a geographical indication identifying wines and spirits not
originating in the place indicated by the geographical indication.
 The possibility to refuse or invalidate the registration of a trademark
for vines or spirits that contains or consists of a geographical
indication identifying wines and spirits is at the request of an
interested party.
 There would be a possibility to call for future negotiations aimed at
increasing protection for individual geographical indications for wine
and spirits.
Article 24 of the trade-related aspects of intellectual property rights provides
for an exception and expressly reserves the right to use geographical
indications that are identical with the term customary in common language.

The name has become a common or generic term. For instance, cheddar now
refers to a particular type of cheese not necessarily made in Cheddar of the
United Kingdoms.
What role does WIPO play in
protecting G.I.
The Uruguay Round of GATT negotiations began in 1986, at the same time as
India’s development policy-making process was in a watershed. As a
paradigm shift in its policy by the time India launched its large-scale
economic reform package in 1991, the Uruguay Round of negotiations were
going well, paving the way for Margakesh in 1994 and world trade.
Organization established. The NDA remained a cautious and somewhat
dysfunctional player during the early years of the Uruguay Round of
negotiations, given its longstanding legacy of growth strategy and inward
protectionist trade policy.

However, in Doha, India wanted to patronize other products beyond wine and
spirits under the Doha Geographical Indication (G.I.).Many countries wanted
this high level of security to be seen as a negotiation for other products, as
they see a higher level of security to improve their products by separating
their products from their competitors more effectively and They are
“belittling” other countries. Conditions. Some others opposed the move, and
the debate includes the question of whether the Doha Declaration provides a
mandate for negotiations. Those opposing the expansion argue that the
current (Article 22) level of protection is sufficient. They warn that providing
augmented security will be a burden and disrupt existing legitimate
marketing practices. India, along with a host of other similar countries,
pressed ‘expand the scope of Article 23’ to cover all categories of goods.
However, countries such as the United States, Australia, New Zealand,
Canada, Argentina, Chile, Guatemala and Uruguay are strongly opposed to
any ‘expansion’. The ‘expansion’ issue formed an integral part of the Doha
Work Program (2001). However, as a result of the wide divergence of views
among members of the World Trade Organization, there has not been much
progress in negotiations, and implementation remains an ‘outstanding
implementation issue’.

Need for geographical indications

Given its commercial potential, G.I.’s legal protection assumes great
importance. Without proper legal protection, competitors who have no
legitimate authority over the G.I. can ride free on its reputation. Such unfair
trade practices lead to loss of revenue for G.I. right holders and also confuse
consumers. Furthermore, such practices may ultimately disrupt the goodwill
and reputation associated with a geographical indication.

What is a “generic” geographical

indication
If a geographical term is used as a designation of a type of product rather
than an indication of the place of origin of that product, the term does not
serve as a geographical indication. Where a certain country has occurred at a
certain time, that country may feel that consumers have understood a
geographical term that once stood for the origin of the product.

Benefits of geographical indications

The organizations or companies who register their geographical indications
enjoy various advantages from the registration, including:

1. Registered geographical indications have the exclusive right to

access or use G.I.’s products during the business.
2. Authorized users enjoy the right to sue for infringement.
3. It provides legal protection to geographical signs in India.
4. Prevents unauthorized use of registered geographical indications by
others.
5. It provides legal protection to Indian geographical signals which in
turn promotes exports.
6. It promotes the economic prosperity of producers of goods produced
in a geographical area.
7. A registered owner can also approach for legal protection in other
WTO member countries.
8. It provides legal protection to the respective goods in domestic as
well as international markets.

What are the subject matters which

are not registrable under
geographical indication
For registration, the indications should fall within the purview of Section 2(1)
of the Geographical Indication Act, 1999. When this happens, it must also
meet the provisions of Section 9, which prohibits the registration of a
geographical indication.

 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.

Rights granted to the holders

 Right to sue: The exclusive rights have been granted to the person
who is protected under the Geographical Indication Act and,
therefore, can be inherited, gifted, sold, licensed, entrusted or
mortgaged. The holder of geographical Indication has a type of
property that he can use subject to certain conditions and take legal
action against a person who uses his invention without his consent.
Does and can receive compensation against real property.
 The right to grant license to others: The holder has the right to
transfer a license or grant a license or enter into any other
arrangement for consideration regarding their product. A license or
assignment must be given in writing and registered with the
Registrar of geographic indications, for it to be valid and legitimate.
 Right to exploit: Authorize user exclusive right to use geographic
Indication with respect to geographic goods for which the
geographic Indication is registered.
 Right to get reliefs: Registered Proprietors and authorized Users or
Users have the right to obtain relief in relation to the violation of
such geographical Indication.

Who can apply for geographical

indication registration
Any person, manufacturer, organization or authority established by or under
the law may apply for the registration of Geographical Indication of their
product.

1. The respective Applicant should represent the interests of

producers.
2. The Application should be in the prescribed form in writing, which
mentions each and every detail about the product.
3. The Application should be addressed to the Registrar of
Geographical Indicators along with the prescribed fee for the
registration of the product.
Whom to apply
The Application must be submitted to the Registrar under the Act, the
Controller of Patents, Designs and Trademarks who are appointed under sub-
section (1) of Section 3 of the Trademarks Act 1999 shall be the Registrar of
Geographical Indications. He shall be assisted by the respective number of
the officers, who are appointed by the central government as they may think
fit.

A full modern patent office and the country’s first geographical indication
(G.I.) registry in Chennai is a really good step in this field. The Registry will
further supplement this by meeting the requirements outlined in the Act.
Every application should be filed in the Office Registry of Geographical
Indication within the territorial boundaries of the country or region or locality
in the country where the geographical indications are situated.

Whom to consider an authorized

user
The authorized user is:

 The manufacturer of the goods can apply for registration as an

authorized user.
 It must be in relation to a registered geographical indication.
 He should apply in writing with the prescribed fee.

Whom to consider as the registered

proprietor of a geographical
indication
The registered proprietors of Geographical Indications are:

 A person, manufacturer, organization or association established

under law or legislation may be a registered owner.
 Their name must be entered in the Register of Geographical
Indicators as there are registered owners for the Geographical
Indication.

Requirement of registration
Under the Indian Act, no protection is conferred on an unregistered
geographical indication. Consequently, the proprietor of an unregislative
geographical indication has no remedy against the infringement of his mark.
So, one can conclude that the registration of geographical indications is
mandatory under the laws of India.

However, passing off action by the original proprietor of a mark has not been
barred.

Tirupati Laddu Controversy

In the Tirupati Laddu controversy, public interest litigation was filed before
the Madras High Court against the geographical indication tag for the Tirupati
Laddu.

That petition was dismissed on the ground that an alternative and efficacious
forum was available for the adjudication of such disputes, and hence, the
public interest litigation was dismissed with directions to the petitioner to
approach the appropriate authority for the same.

Under the Geographical Indication Act, such a petition could have been filed
either before the geographical indication registry or the Intellectual Property
Appellate Board.

Mr. R.S. Praveen Raj, a resident of Thiruvananthapuram and a scientist at the

National Institute of Interdisciplinary Science and Technology, made a play
against the geographical indication tag of laddus.

The petition raised certain issues fundamental to the nature of geographical

indication protection on the grounds of violation of Section 11(1), Section 9(a)
as the registration is likely to deceive consumers, and Section 9(d) as the
registration is likely to hurt the religious susceptibilities of the community in
India.

It was rejected by the geographical indication registry of Chennai, stating

that the applicant failed to prove locus santdi and interest in the registered
goods.

Jamnagar Petrol
Reliance Industries Limited had filed the geographical indication application
for Krishna Godavari gas and Jamnagar petrol, diesel and LPG.

The application sought authorised usage of the name Jamnagar LPG for oil,
petroleum and diesel. Though the application was published in the journal, it
was abandoned midway by Reliance Industries Limited in the wake of two
separate oppositions to it.
Section 11(2) of the Geographical Indication Act mandates an application to
contain a statement that proves or establishes that the geographical
indication to designate the goods originating from the concerned region in
respect of specific quality, reputation and other characteristics that are due
exclusively or essentially to the geographical environment with its inherent
nature and the human factor.

Under specification, Reliance Industries Limited stated that the required

standards are met by its petrol, fuel, diesel and LPG. There was no mention of
any unique properties possessed by the goods in the application by Reliance
Industries Limited except compliance with the standards of the International
Organization of Standardization.

Basmati Rice
In September 1997, the United States granted a patent to Ricetec
Incorporation, which is a United States multinational company, for new lines
and grains in the name of basmati rice.

This was objected to by two Indian non-government organizations.

The Centre for Scientific and Industrial Research also objected to it. All of
them called for a revision of United States rights standards to specify that the
term basmati can be used only for rice grown in India and Pakistan and
Jasmine for Thai rice.

The Indian government, after putting together the evidence, officially

challenged the patent in June 2000.

The contention of Ricetec was that the name basmati is not a name of
geographical rice, and hence, it is not qualified for protection under the
trade-related aspect of the intellectual property rights agreement.

However, it was proved that though the name basmati is not a name for any
geographical area, it’s still inextricably linked to its region of origin, that is,
India.

Ricetec also contended that basmati is a generic name and has fallen into the
public domain.

In 2000, after litigation and hearings, the United States Patent Trademark
Office granted patents only to a few varieties instead of the sweeping claim
of new lines and grains.

It was against this backdrop that the Geographical Indication Act of India was
passed in 1999.
Darjeeling Tea
Tea Board, a statutory authority of the Government of India established in
1953 under the Tea Act of 1953 for the purpose of controlling the Indian tea
industry, owns the geographical indication for Darjeeling tea, which is the tea
grown in 87 gardens in the district of Darjeeling.

The keyboard has fought more than 15 cases against the infringement and
misuse of Darjeeling tea.

The board was successful in seeking rejection of the trademark application

for Darjeeling Nouveau in the name of the Republic of Tea, United States of
America, on the basis of its geographical certification mark for Darjeeling
word and logo.

The opposition had been filed by the tea board before the Trademark Trial
and Appeal Board.

The Trademark Trial and Appeal Board held that the Republic of Tea had not
proved that consumers view Darjeeling tea as a generic type as opposed to
tea grown in the Darjeeling region of India.

It also recognised the tea board’s continuing effort to maintain control of the
mark and protect its value as a geographical indication.

The trade mark trial and appeal board held that the regulations and licensing
program put in place by the tea board constitute adequate provision for
control.

In its decision, the Court of Appeal, Paris, held that Mr. Dusong’s mark of
Darjeeling with a cattle device impairs the geographical indication of
Darjeeling and is prejudicial to the tea board’s interest in the same.
Accordingly, the impugned mark was nullified.

Registration process of geographical

indications
Step 1: Application filing

Please check if the Indication falls within the definition of Section 2(1)(e) of
the Gl Act.

The association of individuals or producers or any association or authority

should represent the interest of the producers of the goods concerned and
file an affidavit as to how the Applicant claims to represent their respective
interests.

 Applications must be made in triplicate.

 The Application must be signed by the Applicant or his agent and
must be accompanied by a description of the case.
 Describe the special features and how those standards are
maintained.
 Three certified copies of GI-related field maps.
 Description of the inspection structure if there is an area for
regulating the use of G.I.
 Provide details of all applicants with the address. If there are a large
number of manufacturers, then collective reference applications for
all producers of goods and G.I. should be made. If registered, it
should be indicated accordingly in the register. The Application must
be sent to a respective address in India.
Steps 2 and 3: Preliminary Examination and Examination

 The examiner will check the Application for any deficiencies.

 The Applicant should take measures in this regard within one month
of communication.
 The content of the case description is evaluated by an advisory
group of experts who will master the subject.
 Furnished will ascertain the correctness of the description.
 After that, an examination report will be issued.
Step 4: Show cause notice

 If the Registrar has any objection to the Application, he shall file

such objection.
 Applicant must reply within two months or apply for a hearing.
 The decision will be duly communicated. If the Applicant wants to
appeal, he can request it within a month.
 The Registrar also has the right to withdraw an application, if it is
mistakenly accepted, after giving it on the occasion of a hearing.
Step 5: Publication in Geographical Indication Journal

Every Application, within three months of acceptance, will be published in the

Geographical Indications Journal.

Step 6: Resist Registration

  Any person opposing the G.I. application, published in the journal,
can file a notice of protest within three months (another month upon
request which is to be filed before three months).
 The Registrar will provide a copy of the notice to the Applicant.
 Within two months, the Applicant will send a copy of the counter
statement.
 If he does not do so, he is believed to have dropped his Application.
Where a counter-claim has been filed, the Registrar will serve a copy
on the person giving notice of the protest.
 Thereafter, both parties will lead their respective evidence through
affidavits and supporting documents.
 After this, the date of hearing of the case will be fixed.
Step 7: Registration of Application

 Where an application for G.I. has been accepted, the Registrar will
register the Geographical Indication. If the date of filing the
Application after being registered will be considered as the date of
registration.
 The Registrar will issue a certificate to the Applicant with the seal of
the Geographical Indicators Registry.
Step 8: Renewal of Application

A registered G.I. will be valid for 10 years and can be renewed on payment of
a renewal fee.

Step 9: Additional Security for Notified Goods

An application can be made to the Registrar for respective goods which are
notified by the Central Government for additional protection for the
registration of geographical Indication in Form GI-9, there will be three copies
of the case details and three copies of the issued notification.

The Application will be made jointly by the registered owner of Geographical

Indication in India and jointly by all the producers of Geographical Indication.

Step 10: Appeal

Any person who is aggrieved by an order or decision may prefer an appeal to

the Intellectual Property Appellate Board (IPAB) within three months.
Validity of registration
The Registrar’s certificate of registration serves as initial proof that the
geographical indication was properly registered. Without further evidence of
original production, it is admissible as sole evidence in all courts and before
the Appellate Board.

Effect of registration
The Geographical Indications Act does not require the registration of
geographical indications. Better legal protection against violations of
registered geographical indicators is provided to authorised users by
registration.

However, no infringement proceedings may be initiated to stop infringement

or to recover damages in the case of unregistered geographical indications.
No one will have the exclusive right to use any of those geographical
indicators; instead, two or more approved users will have co-equal rights
against other parties. The following rights come with registration-

 Subject to the restrictions and conditions associated with

registration, registration grants the exclusive right to use the
registered geographical indicator with respect to the goods to which
it refers. There are co-equal rights for two or more co-users.
 Additionally, registration grants the right to infringement remedies.
 If a passing-off action has already been launched, its scope will be
expanded as a result of the registration of a geographic indication
while the case is pending.

Registration of Geographical
Indication as a Trade Mark
Geographical indicators cannot be registered as trade marks by the Registrar
of Trade Marks because they could mislead or confuse people regarding the
genuine location of origin. The Geographical Indication Act of 1999, Section
25, renders a trade mark’s registration void suo moto or upon the request of
a concerned person. This Act’s Section 25 forbids anybody from using a
public property that is in the form of a geographical indicator as a trade mark
that could cause confusion in the marketplace.

However, trademarks comprising geographical indications that have been

legitimately applied for or registered prior to the effective date of this Act are
protected under Section 26 of the Geographical Indication Act, 1999.
In the case of Tata Groups Mount Everest Mineral Water Ltd. v. Bisleri, Mount
Everest Mineral Water (2010), the registered owner of the trade mark
“Himalaya”, asked the Delhi High Court to issue an interim injunction
prohibiting Bisleri from using the mark on its packaging.

Bisleri submitted a request to the Intellectual Property Appellate Board to

have the Himalaya trade mark registration revoked. Because the
Geographical Indication Act prohibits any private entity from registering a
geographical term as a trade mark and the word “Himalaya” refers to a
mountain range, Bisleri argued that it cannot be registered as a trade mark.

The Intellectual Property Appellate Board stated in its ruling that there would
be a requirement placed on registration, stating that it does not grant the
sole right to use the word “Himalayan” or the device depicting a mountain
and that the term should only be applied to water that originates from the
Himalayan mountain. The highest authority, the Intellectual Property
Appellate Board, stated that no corporation is granted the exclusive right to
use the term “Himalayan” as a trade mark for its products just because it was
registered.

Infringement of geographical
indication
A registered geographical indication is violated by a person who is not a
registered proprietor or authorized user who uses such a sign on the goods or
suggests that such goods originate in another geographic area, which
confuses someone other than the actual place of goods public. A
geographical indication of the trademark also infringes upon any use that
constitutes an act of “unfair competition”, a detailed explanation of 1 and 2
of Section 2(b). This provision seeks to give effect to Article 22(2)(b) of the
TRIPS Agreement, which requires members to “provide legal means for
interested parties to prevent any use that the Article 10bis of the Paris
Convention (1967). A geographical indication is also violated by a person who
is not a registered proprietor or authorized user, who uses another
geographical indication for the goods, which is actually true as to the region,
or locality from where the goods originated and publicly misrepresentation
that goods originate in a region, or a locality to which such registered
geographical indicators belong.

Article 22 (4) of the TRIPS Agreement states that the preservation of the
geographical Indication of a trademark must be enforced even if the G.I. “is
truly true as to the area, region, or locality in which the goods are in another
territory” is generated “.

When someone uses a registered geographical indicator for which they are
not legally permitted to do so, that use is considered an infringement. The
use of a registered geographical indication in any way to indicate or suggest
that goods originate in a location other than their true origin or to present
goods in a way that misleadingly directs consumers towards that location
constitutes infringement by an unauthorised user.

Therefore, it is illegal to use a registered geographical indication if someone-

 uses the product’s geographic indicator to suggest in a way that

deceives the public that the items are made somewhere other than
where they really originate,
 makes use of the geographic indication in a way that would be
considered unfair competition,
 uses a different geographical indication for the commodities in a
way that deceives the public into believing that the items are made
in the area, region, or place that is associated with the registered
geographical indication.
The rights holder must provide proof in the complaint that-

 The geographical indication of the rights holder is being used in

connection with goods in an alleged infringement, which may cause
confusion among the public as to where the infringing goods
originated. The alleged infringement involves a mark that is identical
to or similar to the geographical indication of the rights holder.
 The illegal act infringed upon the right holder’s exclusive use of
rights, resulting in financial loss for the right holder or damaging the
right holder’s goodwill and reputation.
Upon becoming aware of any infringement, the rights holder may send a
cease and desist notification to safeguard its geographical mark against
unapproved usage. After that, the rights owners may choose to file a criminal
or civil lawsuit against the infringer, depending on the infringer’s response.

Remedies for infringement of

geographical indication
Remedies relating to infringement of geographical indications are similar to
remedies related to trademark infringement. Similarly, under the (Indian)
Geographical Indicators Goods (Registration and Protection) Act, 1999,
falsification of a geographical indication. Remedies which are available for
conservation of geographical indications may be broadly classified into two
categories:

(i) Civil remedies

 Injunction
Injunctions include temporary injunction and permanent injunction. An
injunction is granted for the protection of violations of related items,
documents or other evidence in respect of the subject of the suit. An
injunction is granted for restricting the defendant from disposing of or dealing
with his products which may adversely affect plaintiffs’ ability to recover
damages, costs or other pecuniary remedies which may be finally awarded to
the plaintiff as compensation of damage. The aforesaid remedy of injunction
is more effective and can prevent greater harm to the plaintiff. Or other
peculiar remedies that may eventually be given to the plaintiff.

 Damages
The remedy of damages or account of profits in the form of compensatory
damages is available to prevent infringers from infringement. Damages
(other than nominal losses) or accounts of profits may be ruled out Where the
defendant satisfied the court that he was unaware and there was no
reasonable basis for that Assuming that the plaintiff’s geographical Indication
was registered when he was engaged in using it; And when he became aware
of the existence and nature of the geographical Indication, he stopped using
it.

 Delivery of the infringing labels and indications containing products

It is in the court’s discretion to order the infringer to deliver up infringing
labels and indications for destruction by taking relevant circumstances into
consideration the court may or may not order for such remedy. All the
mentioned remedies are also available for the action of passing off. The
actions of Passing off are initiated against the infringement of unregistered
geographical indications.

(ii) Criminal Treatment.

Criminal remedies are more effective as compared to civil remedies because

the former can be disposed of quickly. Pendency of civil suits does not justify
a stay of the criminal proceedings which involve the same question. Criminal
proceedings directly attack the violator’s honour and social status In some
cases he comes forward for the Settlement of the matter out of court to save
their reputation. Chapter VIII of the Act deals with offences and punishment
for such crimes. The Act has penal provisions for violation of various
provisions related to Geographical indications which are discussed below:

 Falsifying and incorrectly applying geographical indications to the

goods.
 Selling goods to which false geographical indications apply.
 Misrepresentation of a geographical indication in registered form.
 Improperly describes a place of geographically connected business
indication Registry.
 Falsification of entries in the register.
The punishment granted for the infringement offences varies from six months
to three years imprisonment and a fine of not less than rupees fifty thousand
but may extend to rupees two lakh. However, the court for adequate and
special reasons in writing may grant lesser punishment.

Cases

Banganapalle Mango
‘King of Fruits’ means mangoes from Banganapalle received a G.I. tag in the
year 2017. The government-fixed logo features a yellow-coloured shiny fruit
around which the tagline says “Banglapple Mango from Andhra Pradesh,”
showing farmers with images of a man and a woman. From now on anyone
has to apply to become the first authorized user to sell or produce and this
will require a No Objection Certificate (NOC) from the Commissioner of
Horticulture Development Agency, Government of Andhra Pradesh,
Department of Horticulture.

The fruit is also known by many types of sages such as Beneshan, Banahan,
Benishan, Chapati, Safeda, Banganapalli, Banginapalli, Banganapalle, etc.
The main attraction of the fruit is that it can maintain its quality in cold
storage for three months. Documents submitted to the Registry stated that
‘the prominent feature of Banganapel mangoes is that they have very light
spots on their skin, stones are diagonal in shape and have very thin seeds,
which have sparse and soft fibres.

The government also called the original centre of Kurnool district, which
includes Nandyal Mandal in Banganapalle, Penam and Telangana and
Khammam, Mahbubnagar, Rangareddy, Medak, and Adilabad districts.
According to an affidavit furnished in 2011, the then Commissioner of Andhra
Pradesh, Rani Kumudini said that about 7,68,250 families were involved in
the production of Banganapalle mangoes. An estimated 24.35 lakh metric
tons of mangoes were grown every year in Andhra Pradesh, and around
5,500 tons of Banganpal mangoes were exported annually to countries like
the U.S., U.K., Japan and the Gulf countries.

Banglar Rasogolla v. Odisha Rasagola

(2017)
In November 2017, the West Bengal State Food Processing and Horticulture
Development Corporation Limited registered G.I. as Ras Banglar Rasogola. It
was reported that Bengal won the dormant war between Odisha and Bengal,
which would own the famous dessert. The legal battle for G.I. registration
started when objections to G.I. registration were lodged, and it was said that
this famous dessert originated at Jagannath temple in Puri, Odisha. An
application to remove the registration of G.I. status was filed in February
2018. Meanwhile, the G.I. Registry in July notified that Odisha registered G.I.
as ‘Odisha Rasgola’, after which several reports were released. Odisha did
not give up in the race but won one. It is very important to note that the G.I.
registry has not registered the word all Rasogola / Rasgola ‘. It has prefixed
two words specifically for the G.I. tag, one is ‘Banglar’, and the other is
‘Odisha’. To say that ‘rasogola / rasgola’ is a general term, which any person
can use in his trade and business. Thus, as far as the law is concerned,
neither of the two states has a monopoly on the word ‘Rasogola / Rasola’.
Therefore, it is free to sell sweets to anyone in the trade as Rasgulla / Rasgola
or any other synonym. What is prohibited is the use of the words “Odisha
rasgola” and “Benglar rosogola” by anyone other than authorized users
‘under the law.

Geographical idications as a tool for

economic development
The ramifications of geographical indications for goods for producers in
developing countries are substantial. The connection between these
traditional goods and activities and community involvement is one of their
key features. These kinds of traditional activities are essential to the health
and food security of millions of people living in poor nations. For those in
need, traditional medicines may offer the only accessible, cost-effective
treatment. Any trade benefit derived from the geographical indications
classification is essentially pro-poor, given that geographical indications
typically rely on products like agriculture, fishery, handicrafts, and artisanal
goods. This is in contrast to other intellectual property rights, such as
trademarks and patents, where the majority of the beneficiaries are wealthy
individuals.

By bringing in more money and job possibilities locally, improved

geographical indications, protection and marketing could have a direct
impact on lowering absolute poverty. As a result, geographical indications
can greatly advance human development and have a role to play in lowering
poverty vulnerability.

Furthermore, the local producers and the surrounding economy stand to gain
from a few fundamental geographical indication characteristics. Below are
their details-

1. First, as long as local knowledge is maintained and the indication is

kept from becoming generic, geographical indications are retained
indefinitely and without time restriction. This indicates that the
primary purpose for which marketing expenses are required is to
inform customers about upcoming product advancements.
2. Secondly, the entitlement is bestowed upon a group of producers
rather than a single producer. As a result, everyone in the
community will gain, which could boost the local economy.
 3. Third, geographical indications, in contrast to patents and
copyrights, are recognised rather than created, meaning that
investments are limited to enhancing the reputation of an already-
existing product, whereas patents and copyrights are associated
with the creation of new items.
Through its reputation as a reliable source of income, geographical
indications certification lessens the vulnerability of rural impoverished people
to poverty, which in turn discourages migration from rural to urban areas by
keeping rural farmers on their farms.

This has two important ramifications, which are as under-

1. First, the indigenous knowledge of the place does not disappear;

rather, it develops into a more refined form, and
2. Second, the migratory rate decline lessens the strain on
metropolitan centers, which are frequently overcrowded in
developing nations.
Additionally, the geographical indications might promote tourism in the area.
The geographic location and geographical indications of goods may interact
in both directions. In a sense, the environment in which geographical
indications of goods were produced may be responsible for some of their
quality attributes. In addition, the geographical indications’ widespread
appeal fosters a positive perception of the area, which supports the growth of
the tourism industry, which in turn supports neighborhood businesses and
community development.

European Union and Indian Free

Trade Agreement vis-a-vis
geographical indication
The Free Trade Agreement was to be entered into by the European
Commission to regulate issues such as competition policy, the rights of
foreign investors, open government purchasing practices as well as
environmental social and Human Rights clauses.

However, sharp differences arose with respect to intellectual property rights,

competition, agriculture, public procurement, market access and
transparency.

For instance, a concern raised by Amul in 2013 was that it was feared
whether the reduction in import duties would enable the European Union to
dump subsidized products in the Indian market as the European Union did not
allow the import of Indian dairy products under its strict sanitary standards,
which are suspected to be nothing but a non-tariff barrier.
Conclusion
From the above case, we can conclude that a registered G.I. tag prohibits the
holder from using the registered mark of G.I. or its name in any product
which is similar to or misleading the registered product. It is possible. It may
not be the same as a registered product, but it may have a registered name.
Since the adoption of the TRIPS Agreement, there has been increased
awareness of the need for adequate protection of geographic signals for all
products. In addition, the negotiations by the World Trade Organization in the
field of industrial and agricultural products demonstrate the increasing
importance of increasing the level of conservation of geographical signals for
wines and spirits for all products. Nations have to understand the fact that
protection for G.I.s is best provided under national laws because it is not the
provisions of the treaty but the actual national laws that provide protection in
relation to G.I.s. Such protection is an invaluable marketing tool and an
added value for exports because it increases the likelihood of market access
for such goods. The G.I. tag is an essential component for creating and
maintaining abstracts and originality of the product of certain essentials and
characteristics. India is not far behind in legally pursuing this aspect of
intellectual property.