What is GI tag?
Geographical Indication tag.
A GI tag =A particular item has originated from a particular region
only.
For example: Kanchipuram Silk Saree, Alphanso Mango, Nagpur
Orange, Kolhapuri Chappal, Bikaneri Bhujia, Agra Petha
So outsiders cannot sell other variety of teas with title/label
“Darjeeling”, else they can be punished.
Why is GI-tag important?
1. When a product is given GI status, its price increases in
international market (because consumers in first world prefer such
“exotic” items)
2. It boosts exports.
3. It can boost tourism.
4. The poor farmers/artisans from the given region have to face less
competition from fake guys selling bogus products.
5. = indirectly leads to sustainable Development.
GI Vs. trademark?
GI Trademark
Product comes from a particular Product comes from a particular
place/region. enterprise/company.
Right is enjoyed by a community / Right enjoyed by only one
association of producers.=community right. person/company=individual right.
Can be goods (mobile, PC etc) or
Given for “Goods” (physical stuff.)
service (e.g.music, spa etc.).
Mechanism: Internationally
WTO–> Trade related Intellectual property rights (TRIPS)
1. Member nations have to respect geographical indications.
2. They’ve to take measures to prevent violation of GI rights. (e.g.
order custom authorities seize bogus products.)
3. If a product enjoys GI status in member nation “A” then, Member
nation “B” shouldnot grant trademark for the same.
Multilateral register: problem area
For example, Darjeeling tea is given GI tag in India, under India law.
So if someone inside /from India is selling fake Darjeeling tea, he
can be jailed/fined in India.
But If a Sri Lankan guy exporting fake Darjeeling tea to France, you
cannot do anything in India.
You’ve to manually file petition in France’s court to protect your GI.
(or India Government need pursue the matter via WTO).
So, to prevent such problem, you’ve to again apply for GI status in
European Union’s office for “Protected Geographical Indication”
(PGI).
=this is Gaddha Majoori (donkey labour) just like for getting MBA
admission, you’ve to apply for so many entrance tests such as CAT,
XAT, SNAP, CMAT etc. and each of them costs around 1000 rupees.
The ideal system should be:
1. You register a product in GI office in your own country.
2. Database is uploaded on WTO website and notification is served to
all nations. (=multilateral register).
3. Whoever sells fake stuff, in xyz country will be caught and
prosecuted. And you don’t need to run from pillar to post in every
foreign country, to protect your GI-tag.
But this “Multilateral register” system has not been established yet.
Because there is disagreement among WTO members.
EU wants this system compulsory for everyone.
But China, Hong Kong want this system compulsory for “only” those
country that agree to participate in it.
However, the wine and liquor business lobby of Europe is very
powerful. Hence they’ve managed to get WTO to negotiate for a
multilateral GI register for Wine and liquor.
Such liquor register is hardly of any use to India because our “GI-
expertise” is handicraft and agriculture products.
India wants a common GI register for all products and not just for
liquors.
Mechanism in India: GI Act 99
Government of India enacted Geographical Indications of Goods (Registration
and Protection) Act in 1999. (Came into force in 2003)
This act provides for
1. Registrar of Geographical Indications= you’ve apply to this person.
2. Intellectual Property Appellate Board to hear appeals over the
decisions of the Registrar of Geographical Indications.
3. Geographical Indications Registry (to keep the GI-database
@Chennai.)
4. GI can be given to agricultural, natural or manufactured goods
originating in the said area.
5. GI rights are given to an association of persons, producers,
organization. (=it is a “community right”.) Because geographical
indications are not built up by one individual but by a community of
persons
6. Punishments for violating GI. (e.g. some guy selling “Banaras
Saree” but they’re actually made in Bengal.)
7. Registration of a geographical indication is valid for a period of 10
years (can be renewed.)
Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
Customs authorities have the power to seize imported goods at the
border, if there is prima facie evidence that xyz product is in
infringing on the geographical indication of the rights holder
+ Customs authorities don’t even need a court order to carry out
such raid or seizure.
Problem/issues with GI Act?
India has huge social, cultural, ethnic, food diversities= thousands
of products that would qualify for a geographical indication.
But Most of the people engaged in the production of such products
are small households or small units, although in the same area.
So it is often difficult to organize them into associations and apply
for the GI registration.
