Geographical Indications (GIs)
1. Introduction to Geographical Indications (GIs)
A Geographical Indication (GI) is a form of intellectual property that identifies a product as originating from a specific
geographical region, where its quality, reputation, or characteristics are linked or essentially attributable to its place of
origin. GIs protect traditional knowledge, cultural heritage, and regional identity associated with the products while
ensuring economic benefits for local producers.
Examples include Darjeeling Tea (India), Champagne (France), Roquefort Cheese (France), Parmigiano Reggiano (Italy) and
Kanjeevaram Silk Sarees (India). These products gain their unique characteristics due to factors such as climate, soil,
traditional techniques, and craftsmanship.
2. Legal Protection of GIs
There are two primary approaches to protecting GIs globally:
1. Sui Generis (Independent) GI Protection
o This is a separate legal framework exclusively for protecting GIs.
o It includes government oversight to regulate the authenticity and compliance of GI products.
o Examples: The EU GI system and India's GI Act, 1999.
o In India, the Geographical Indications of Goods (Registration and Protection) Act, 1999 provides statutory
protection and is administered by the Geographical Indications Registry.
o GI registration grants exclusive rights to authorized producers and prevents unauthorized use.
2. Trademark-Based Protection
o Some countries protect GIs as a type of trademark, such as collective or certification marks.
o This method allows producers to use the mark under specific conditions, ensuring quality control.
o Examples: The USA follows this approach by registering GIs as certification marks.
3. Features of a Geographical Indication
Link with Origin: The product must have a clear and verifiable connection to the geographical region.
Traditional Knowledge and Methods: GI products rely on age-old production techniques and methods passed
down through generations and which are unique to the region.
Exclusive Rights: GI registration gives exclusive rights to authorized producers or users from the registered region
to use the GI thereby preventing misuse.
Economic and Cultural Significance: GIs provide market recognition, support local industries and preserve cultural
heritage.
4. Importance of GI Protection
a) Prevents Misuse and Consumer Deception
o GI protection prevents the unauthorized use of a product’s name by producers outside the designated region.
o For example, Champagne can only be labelled as such if it originates from the Champagne region of France;
otherwise, it must be called "sparkling wine."
b) Promotes/Boosts Rural and Local Development
o GIs benefit local producers by increasing the GI-tagged product’s value and demand.
o For example, Darjeeling Tea farmers receive premium pricing due to GI recognition.
c) Encourages Sustainable Practices
o Many GI products are produced using environmentally friendly and sustainable methods.
o Example: Basmati rice farmers follow traditional cultivation practices, maintaining soil health.
d) Preserves Traditional Knowledge and Cultural Heritage
o Many GI products are deeply linked to traditional craftsmanship and unique production techniques passed down
for generations. Thus, by recognizing and safeguarding traditional craftsmanship, GI preserves cultural heritage.
o Example: Kanjeevaram Silk Sarees (India) are known for their intricate weaving techniques, a centuries-old
tradition.
5. International Legal Framework for GIs
GIs are protected under various international agreements:
1. TRIPS Agreement (WTO) – Trade-Related Aspects of Intellectual Property Rights
o Provides minimum standards for GI protection globally.
o Article 22: General protection for all GIs.
o Article 23: Additional protection for wines and spirits.
o Article 24: Allows negotiations for extending GI protection beyond wines and spirits.
2. Lisbon Agreement (WIPO)
o Administered by the World Intellectual Property Organization (WIPO).
o Provides a system for the international registration of GIs.
6. Challenges in GI Protection
Enforcement Issues: Despite legal protection, GIs face several challenges, including misuse and counterfeit products,
especially in international markets. Example: "Basmati" rice is sometimes falsely marketed outside India and Pakistan.
Costly and Lengthy Registration Process: Obtaining GI status can be complex, requiring scientific, historical, and legal
proof of origin.
Lack of Awareness Among Producers: Many local producers are unaware of GI benefits and do not apply for
protection.
Disputes Over GI Ownership: Countries sometimes dispute GI ownership, leading to international conflicts. Example:
India and Pakistan have debated over Basmati rice GI registration.
Justificatory Foundations of GI Protection
Geographical Indications (GIs) protect products from misuse and counterfeiting by unauthorized parties. The primary
justification for GI protection is preserving informational efficiency, ensuring that consumers are not misled about the
origin or quality of goods. The other justifications for GI protection are legal, economic, cultural, and environmental:
1. Legal Justification – GIs prevent misleading use of product names, ensuring consumer protection. They grant exclusive
rights to legitimate users, preventing deceptive practices.
2. Economic Justification – GIs by giving exclusive rights to producers, boost local economies by allowing producers to
charge premium prices. For example, Darjeeling Tea fetches higher prices due to its GI status.
3. Cultural Justification – GIs preserve TK, cultural heritage and regional craftsmanship. Example, Banarasi Sarees
protects the weaving heritage of Varanasi. It also prevents free-riding and misappropriation of traditional production
methods.
4. Environmental Justification/ Biodiversity Preservation – GI products are often linked to unique geographical
conditions like climate and soil. For example, Kashmir Pashmina Wool is renowned for its fine quality due to the
region’s cold climate, encouraging biodiversity conservation and sustainable practices.
5. GI protection enhances consumer trust.
Subject Matter: Signs for Products
Geographical Indications (GIs) protect specific signs, names, and symbols that indicate a product’s origin but do not restrict
production techniques/methods. Example, "Champagne" is a GI, but the méthode champenoise can be used globally.
GIs protect agricultural products (Darjeeling Tea, Nagpur Oranges), handicrafts (Kullu Shawls), manufactured goods
(Solapur Chaddar), and food products (Hyderabad Haleem, Bikaneri Bhujia).
TRIPS (Article 22.1) define GIs broadly, allowing protection of not just geographical place names but also symbols,
figurative logos, indirect references, and distinctive product shapes. Different jurisdictions have varying registration
requirements. For example, the EU’s Regulation 1151/2012 protects only geographical words, while India allows
registration of logos and combined word-logo GIs.
Historically, GIs protected Wines & Spirits and Agricultural Products & Foodstuffs. However, some countries, including India
and Brazil extend GI recognition to crafts, textiles, and even services (e.g., Porto Digital in Brazil for tech services).
The Link Between Product and Place
A GI's core legal requirement is the causal link between product characteristics and geographical origin. TRIPS (Article 22.1)
requires that a product’s quality, characteristics, or reputation be “essentially attributable” to its geographical origin. The
Geneva Act of the Lisbon Agreement adds that this origin includes both natural and human factors. Verification of GI-
product link is crucial and is done by national GI registrars to assess whether a product meets GI criteria.
Types of GI-Product Links
1. Quality or Characteristics-Based Link – A GI product must have distinctive qualities derived from its natural and
human environment (e.g., Darjeeling tea’s aroma from its regional climate). For instance, Malabar Pepper from
Kerala has a distinct aroma due to the region’s humidity and rainfall.
2. Reputation-Based Link – It rely on historical recognition and consumer perception rather than unique physical
traits (e.g., Parma ham).
Defining the Region of Origin
The region of origin in Geographical Indications (GIs) refers to the specific geographical area that gives a product its unique
characteristics, quality, or reputation. The boundaries of the region where a GI product is produced must be clearly defined
to ensure authenticity.
1. Legal Definition of the Region – GI laws require a precise geographical boundary to be identified. For example,
Darjeeling Tea can only come from select tea gardens in West Bengal, and any tea from outside this region cannot
use the name.
2. Disputes over Boundaries – Sometimes, conflicts arise regarding the exact boundaries of a GI product. For
instance, in India, Basmati Rice's GI faced issues as multiple states claimed it as their own. The final GI registration
covered states like Punjab, Haryana, and Uttarakhand.
3. Impact of Defining the Region – A well-defined GI region maintains product quality and prevents dilution of
reputation. If the region is too broad, it weakens credibility; if too narrow, legitimate producers may be excluded.
This ensures authenticity, legal enforceability, and consumer trust by preventing misuse of the GI tag.
Appellations of Origin vs. Geographical Indications
An Appellation of Origin (AO) is a stricter form of GI, requiring that all production steps occur within the designated region
and a direct link between quality and geography. For example, Roquefort Cheese. The Lisbon Agreement offers specific
protection for AOs beyond the TRIPS framework.
Homonyms in GI Protection
Homonyms refer to two or more identical or similar-sounding names used to indicate the origin of products from different
towns, regions, or countries. International law (TRIPS Agreement) allows co-existence if consumer confusion is avoided.
For example, Rioja (Spain) and La Rioja (Argentina) are both used for wines but are distinguished based on labelling. TRIPS
Article 23.3 mandates that WTO members must ensure clear differentiation between such names.
Key considerations for protecting homonymous GIs include:
Actual origin of the product – Labels must clearly indicate the true geographical source.
Consumer perception – Measures should be taken to prevent confusion.
Historical usage – The duration and extent of use by each region.
Background
Historically, certain regions gained recognition for producing superior goods due to their natural conditions (climate, soil,
water) and human expertise (traditional techniques, craftsmanship). Over time, these regional names became symbols of
quality and authenticity, leading to legal protections to prevent misuse and unfair competition.
Early Protection Systems: The earliest legal protections for GIs date back to France’s Appellation d'Origine Contrôlée
(AOC) system, established in the early 20th century to regulate wine and cheese production. Other countries followed
suit, developing national laws to protect regional specialties.
International Developments: The Paris Convention (1883) was the first major treaty to recognize indications of source
and prohibit misleading uses of geographical names. The Paris Convention (Article 10) protects against false indications
of source. Later, the Lisbon Agreement (1958) introduced the concept of Appellations of Origin (AO), providing
stronger protection for certain products. However, it was the TRIPS Agreement (1994) that established global
standards for GI protection, requiring all World Trade Organization (WTO) members to implement GI laws.
What Are the Conditions for Protection?
To qualify for GI protection, a product must meet the following conditions:
1. Geographical Origin: The product must originate from a specific location, such as a town, region, or country.
2. Unique Characteristics: The product must have qualities, reputation, or attributes that are directly linked to its
geographical origin/region. This can include climate, soil, traditional techniques, or local expertise.
3. Consumer Association: The product name must be recognized by consumers as an indicator of quality and origin.
4. Legal Recognition: The GI must be registered under the country’s intellectual property laws, and it should not be a
generic term (e.g., "cheddar" for cheese is considered generic in many countries).
5. The link between the product and the location must be strong and verifiable.
Geographical Indications, Trademarks, and Certification Marks
Feature Geographical Indication Trademark Certification Mark
Protects the regional identity of a Protects a brand or business Ensures that a product meets specific
Purpose
product name standards
Held by a collective group (e.g., farmers, Owned by an individual or
Ownership Owned by certification authorities
producers) company
Example Darjeeling Tea, Champagne Nike, Apple ISI mark, Woolmark
What is the Relationship Between TRIPS and the Paris Convention?
The Paris Convention (1883) was the first treaty to recognize indications of source but lacked detailed enforcement
mechanisms. TRIPS expanded and strengthened these protections by:
Requiring mandatory GI protection for WTO members.
Providing higher safeguards for wines and spirits.
Establishing enforcement mechanisms under WTO dispute resolution.
Thus, TRIPS modernized and reinforced the Paris Convention’s provisions on GIs.
Geographical Indications and Indications of Source
An Indication of Source merely states where a product comes from but does not necessarily imply special qualities or
reputation. Example: "Made in Switzerland" on a watch is an indication of source, whereas "Swiss Watch" as a GI
indicates superior craftsmanship and traditional techniques.
Quality, Reputation, or Other Characteristics Essentially Due to the Geographical Origin
The core principle behind GIs is that the quality, reputation, or uniqueness of a product must be inextricably linked to its
place of origin. Example: Kashmiri Pashmina wool derives its unique texture from the high-altitude climate and local
weaving techniques.
The Geographical Origin Identified by the Geographical Indication
A GI must clearly define the geographical area it represents. This can be:
A specific city or town (e.g., Kanchipuram Silk from Kanchipuram, India).
A broader region (e.g., Champagne from the Champagne region of France).
A cross-border area (e.g., Basmati Rice from India and Pakistan).
Subject Matter of Identification
The subject matter of GIs includes:
1. Natural products (Darjeeling Tea, Himalayan Rock Salt).
2. Agricultural products (Basmati Rice, Parmesan Cheese).
3. Handicrafts (Banarasi Sarees, Murano Glass).
4. Manufactured goods (Swiss Watches, Sheffield Steel).
Function of Identification
GIs serve multiple functions:
Economic: Boost local economies by ensuring premium pricing.
Consumer Protection: Prevents misleading claims and ensures authenticity.
Cultural Preservation: Protects traditional knowledge and heritage industries.
Trade Differentiation: Helps distinguish regional products in global markets.
It is a Sign
A GI functions as a sign that conveys geographical origin and product quality. It can take the form of:
A name (Darjeeling, Champagne).
A logo or emblem (Roquefort Cheese’s blue sheep symbol).
A symbolic mark (Scotch Whisky’s unique label requirements).
