Scribd
Upload
158 views2 pages

Geographical Indicators

Geographical Indications (GI) are a form of Intellectual Property that signify the origin of products, ensuring their quality and reputation are linked to a specific geographical area. India has registered 344 GI products since 2004, with a legal framework established under the Geographical Indications of Goods (Registration & Protection) Act, 1999. The registration process involves a detailed application and is managed by the Controller General of Patents, Designs & Trademarks, promoting Indian products in the export market and protecting traditional knowledge.

Uploaded by

Sunil Sahu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
158 views2 pages

Geographical Indicators

Geographical Indications (GI) are a form of Intellectual Property that signify the origin of products, ensuring their quality and reputation are linked to a specific geographical area. India has registered 344 GI products since 2004, with a legal framework established under the Geographical Indications of Goods (Registration & Protection) Act, 1999. The registration process involves a detailed application and is managed by the Controller General of Patents, Designs & Trademarks, promoting Indian products in the export market and protecting traditional knowledge.

Uploaded by

Sunil Sahu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

Introduction:

Geographical Indications (GI) are a type of Intellectual Property (IP) that is used
on products to indicate their origin from a particular geographical location, be it a
country or a specific place located in a country.

They can also be place names like ‘Champagne’, ‘Roquefort’ or ‘Tequila’.


Qualities, characteristics and reputation of such products are attributed to their
origin.

A sign on the product functions as a GI, distinguishing it from other products


which do not possess the standard requirements desired for them to be able to
use the sign as a GI. An unambiguous link should exist between the product and
its place of origin.

GIs are typically used for food and agricultural products, wines, spirits, handicrafts
and the like. A GI tag is collectively used by authorized users for their products
after it is ensured that they conform to the prescribed standards, giving the
products a quality approval and a peculiarity.

Indian Perspective:

Starting from Darjeeling Tea in 2004-05, India has registered 344 GI tagged
products until 17th June, 2019.

India, being a member of WTO, had to implement the Geographical Indications of


Goods (Registration & Protection) Act, 1999 in order to be TRIPS compliant. The
Act came into effect from 15th September, 2003. An association of persons or
producers can apply for registration of GIs for certain products with the
prescribed documents under the Act. The Act promotes Indian GI holders by
providing a niche to them in the export market.

The Controller General of Patents, Designs & Trademarks (CGPDT) is charged with
the responsibility of smooth functioning of GI Registry and is the Registrar of GIs.
Any complaints against the registration granted by Registrar are directed towards
the IPAB (Intellectual Property Appellate Board), Chennai.
Duration of registration is 10 years and it can be renewed further. Even if GI is
not registered under the Act, common law remedy of passing off can be sought as
legal relief.

Process of filing an Application for GI Registration in India

Each application is to be made in the prescribed form, i.e., GI-1A to ID, along with
the prescribed fees, i.e., Rs. 5,000. The fees are to be paid in the manner
prescribed under the Act.

The application has to be signed by the applicant or the agent and has to be made
in triplicate including the Statement of Case. Detailed specifications with regard to
signing and sizing of documents need to be followed.

Applicants need to mention the principal place of business in India or an address


for service in India (in case of foreign applicants). The content of the application
includes geographical map of the territory, a statement elucidating a link between
the goods and the place of origin enlisting the characteristics of the product, a
reference to all the producers on behalf of whom the application is made inter
alia other documents.

Conclusion:

A GI also makes sure that the product is prevented from unwarranted,


commercial exploitation from other people through trademarks or other IPs.
Developing countries are investing more in GIs now, to protect their traditional
knowledge and culture from predatory IP practices of developed countries.

The article has been written by Jaya Mitra.

You might also like