SEMINAR 2025

ARMY INSTITUTE OF LAW

SEMINAR 2025

LAW RELATING TO GEOGRAPHICAL

INDICATIONS IN INDIA

SUBMITTED BY

TANVI GARG

2068
BA LLB 10TH SEMESTER

1
SEMINAR 2025
ACKNOWLEDGEMENT

I, Tanvi Garg, student of BA LLB 5th year (10th sem.) Roll no. 2068, hereby express my
gratitude to all those who helped me making this seminar project.

I, especially thank (coordinator- seminars), for giving such a good topic- “Law Relating To
Geographical Indications In India” for my seminar presentation over which good amount of
research can be done. I also thank principal ma’am for her never- ending support and guidance.

I have taken a huge support from various internet sources to complete this project.

Thank you,
Yours sincerely,
Tanvi Garg
(2068)

2
SEMINAR 2025

TABLE OF CONTENTS

ABSTRACT ............................................................................................................................... 4

INTRODUCTION ..................................................................................................................... 5

DEFINITION OF GEOGRAPHICAL INDICATIONS (GIS) .................................................. 6

INTERNATIONAL LEGAL FRAMEWORK .......................................................................... 7

INDIAN LEGAL FRAMEWORK FOR GEOGRAPHICAL INDICATIONS ........................ 7

GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION)

ACT, 1999 ............................................................................................................................. 8

GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION)

RULES, 2002 ...................................................................................................................... 13

RIGHTS CONFERRED BY THE REGISTRATION OF A GEOGRAPHICAL INDICATION

.................................................................................................................................................. 14

INFRINGEMENT OF GEOGRAPHICAL INDICATIONS................................................... 16

PROBLEMS WITH GEOGRAPHICAL INDICATION (GI) PROTECTION IN INDIA ..... 17

FILLING THE GAPS: WHAT CAN BE DONE TO SOLVE THE PROBLEMS ................. 20

CASE STUDIES ON GEOGRAPHICAL INDICATION (GI) PROTECTION ..................... 22

CONCLUSION ........................................................................................................................ 26

3
SEMINAR 2025

ABSTRACT

Geographical Indications (GIs) are a form of intellectual property that protect goods possessing
unique qualities, reputation, or characteristics derived from their geographical origin. In India,
the Geographical Indications of Goods (Registration and Protection) Act, 1999, provides the
legal framework for GI registration and protection, ensuring exclusive rights to producers from
specific regions. The Act aligns with India's obligations under the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS), which mandates minimum standards of
protection for GIs globally. This paper explores key provisions of the Act, the registration
process, and landmark case laws such as Darjeeling Tea and Pochampally Ikat, which have
strengthened India’s GI ecosystem. It highlights the economic and cultural significance of GIs
in promoting rural development, preserving traditional knowledge, and supporting sustainable
livelihoods. The paper also discusses challenges related to enforcement, limited awareness, and
global recognition of Indian GIs. Additionally, it examines available remedies for GI
infringement and suggests policy reforms to strengthen the protection and promotion of India’s
GIs both domestically and internationally.

Keywords:

Geographical Indications, Intellectual Property Rights, GI Act 1999

4
SEMINAR 2025

INTRODUCTION

Geographical Indications (GIs) play a pivotal role in protecting the unique characteristics,
reputation, and qualities of products linked to their geographical origin. Often confused
with trademarks, which distinguish goods or services of one enterprise from another, GIs
identify products based on their geographical source, where specific qualities or characteristics
are inherently attributed to the region. While trademarks confer individual rights to businesses,
GIs are community rights that protect collective knowledge and traditional practices associated
with a specific locality.

The significance of GIs extends beyond intellectual property protection; they safeguard
traditional knowledge, foster economic development, and ensure that communities involved in
Text
the production of region-specific goods benefit from their heritage. Prominent examples of
Indian GIs, such as Darjeeling Tea, Mysore Silk, and Alphonso Mangoes, illustrate how such
protection preserves the authenticity of traditional goods while promoting their market value.
GIs provide substantial economic benefits to local producers by enhancing market recognition,
commanding premium prices, and opening new opportunities in domestic and international
markets. For rural artisans and farmers, GI registration not only protects their livelihood but
also prevents the exploitation of their products by unauthorized producers.

India’s legal framework for GIs is governed by the Geographical Indications of Goods
(Registration and Protection) Act, 1999, which establishes procedures for the registration,
enforcement, and protection of GIs. The Act grants registered proprietors exclusive rights to
use the GI and provides remedies against unauthorized use or infringement. India’s GI regime
is further bolstered by its obligations under the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS), which mandates the protection of GIs internationally
and ensures that Indian GIs receive recognition and enforcement globally.

This research paper examines the intricacies of India’s GI laws, analyzing key provisions,
registration criteria, and judicial interpretations that have shaped the legal landscape. It also
explores the socio-economic impact of GIs on rural communities, challenges faced in
enforcement, and the potential for strengthening India’s GI regime through policy reforms.

5
SEMINAR 2025 Union Minister of Commerce & Industry set a target of reaching
10,000 Geographical Indication (GI) Tags by 2030 at GI Samagam in
New Delhi.

DEFINITION OF GEOGRAPHICAL INDICATIONS (GIS)

A Geographical Indication (GI) is a form of intellectual property that identifies goods

originating from a specific geographical region, where their quality, reputation, or unique
characteristics are inherently linked to that region.

Section 2(1)(e) of the Geographical Indications of Goods (Registration and Protection)

Act, 1999, defines a GI as: “An indication which identifies goods as agricultural, natural, 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 characteristic of such goods
is essentially attributable to its geographical origin.”1

TRIPS Agreement (Article 22(1)) defines GIs as: “Indications which identify a good as
originating in the territory of a Member, or a region or locality in that territory, where a given
quality, reputation or other characteristic of the good is essentially attributable to its
geographical origin.”2

According to Dev Gangjee (2012), GIs: “Protect names identifying products whose qualities,
characteristics, or reputation are essentially due to their geographical origin, often underpinned
by traditional methods of production.”3

In the landmark case Tea Board, India v. ITC Limited (2011), the Calcutta High
Court defined a GI as: “A sign that identifies goods as originating in a specific territory or
region, where a given quality, reputation, or characteristic of such goods is essentially
attributable to its geographical origin.”4

1
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 2(1)(e).
2
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Apr. 15, 1994, Marrakesh
Agreement Establishing the World Trade Organization, Annex 1C, 1869 U.N.T.S. 299, Art. 22(1).
3
Dev Gangjee, Geographical Indications and the International Intellectual Property Framework, 2012, Cambridge
University Press, p. 4.
4
Tea Board, India v. ITC Ltd., 2011 (45) PTC 68 (Cal) (India).
6
SEMINAR 2025

INTERNATIONAL LEGAL FRAMEWORK

The protection of GIs has been evolving through various international treaties and conventions.
The Paris Convention for the Protection of Industrial Property (1883) was one of the earliest
agreements that recognized unfair competition related to GIs. Later, the Madrid Agreement
(1891) introduced provisions for the repression of false indications of origin. However, the
most comprehensive framework emerged through the TRIPS Agreement, 1995 under the
World Trade Organization (WTO).

The TRIPS Agreement provides two levels of protection for GIs:

1. General Protection (Article 22): Requires members to prevent misleading use of Gls.

2. Enhanced Protection for Wines and Spirits (Article 23): Prohibits the use of a Gl even
if there is no consumer confusion.

Additionally, the Lisbon Agreement for the Protection of Appellations of Origin (1958) and
the EU Regulations on GIs have provided stronger legal protection by categorizing GIs into
Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI).

INDIAN LEGAL FRAMEWORK FOR GEOGRAPHICAL INDICATIONS

The protection of Geographical Indications (GIs) in India is governed by the Geographical

Indications of Goods (Registration and Protection) Act, 1999 (hereinafter referred to as
the GI Act) and the Geographical Indications of Goods (Registration and Protection)
Rules, 2002. Enacted to comply with India’s obligations under the TRIPS Agreement, the GI
Act aims to protect products that possess distinctive qualities due to their geographical origin,
prevent unauthorized use, and provide legal remedies against infringement.

7
SEMINAR 2025
GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND
PROTECTION) ACT, 1999

The Geographical Indications of Goods (Registration and Protection) Act,

1999 (hereinafter referred to as the GI Act) was enacted to provide for the registration and
better protection of geographical indications relating to goods in India. It aims to protect the
unique qualities of region-specific products by conferring legal recognition and safeguarding
them from misuse. The Act came into force on September 15, 2003, and ensures compliance
with India’s obligations under the TRIPS Agreement.

Definition of Geographical Indication (Section 2(1)(e))

As per Section 2(1)(e) of the GI Act:

“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 characteristic of such goods is essentially attributable to its
geographical origin and in 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.”5

This definition covers agricultural, natural, and manufactured goods whose unique qualities are
linked to their place of origin.

Key Provisions of the GI Act, 1999

1. Registration of Geographical Indications (Section 16)

Section 16(1) states: “Subject to the provisions of this Act, a geographical indication may be
registered in respect of any or all of the goods included in such class of goods as may be

5
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 2(1)(e).
8
SEMINAR 2025
classified by the Registrar in accordance with the international classification of goods for the
purposes of registration of geographical indications.”6

The registration of a GI confers exclusive rights on the registered proprietor and authorized
users to use the GI in relation to the goods specified in the certificate of registration.

2. Duration and Renewal of Registration (Section 18)

As per Section 18(1): “The registration of a geographical indication shall, subject to other
provisions of this Act, be for a period of ten years, but may be renewed from time to time in
accordance with the provisions of this section.”

Section 18(2) further provides: “The renewal of registration shall be for a period of ten years
from the date of expiration of the original registration or of the last renewal of registration, as
the case may be.”7

If the registration is not renewed, the GI is liable to be removed from the register.

3. Who Can Apply for Registration? (Section 11(1))

Section 11(1) specifies: “Any association of persons or producers or any organisation or

authority established by or under any law for the time being in force representing the interest
of the producers of the concerned goods, who are desirous of registering a geographical
indication in relation to such goods shall apply in writing to the Registrar in such form and in
such manner and accompanied by such fees as may be prescribed for the registration of the
geographical indication.”8

Thus, associations, producer organizations, or authorities representing producers can apply for
GI registration.

6
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 16.
7
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 18.
8
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 11.
9
SEMINAR 2025

Process of GI Registration in India

Step 1: Filing of Application (Section 11)

Section 11(1): “Any association of persons or producers or any organisation or authority

established by or under any law for the time being in force representing the interest of the
producers of the concerned goods, who are desirous of registering a geographical indication in
relation to such goods shall apply in writing to the Registrar in such form and in such manner
and accompanied by such fees as may be prescribed for the registration of the geographical
indication.”9

The application is submitted to the Registrar of Geographical Indications at the Office of the
Controller General of Patents, Designs, and Trademarks (CGPDTM), Chennai.

Step 2: Preliminary Scrutiny and Examination (Section 12)

Section 12(1): “The Registrar shall, as soon as may be after receipt of the application for
registration, examine the application in accordance with the provisions of this Act and the rules
made thereunder.”10

If the application meets the prescribed requirements, it proceeds for publication.

Step 3: Publication in the GI Journal (Section 13)

Section 13(1): “When an application for registration of a geographical indication has been
accepted, whether absolutely or subject to conditions or limitations, the Registrar shall, as soon
as may be after acceptance, cause the application as accepted together with the conditions or

9
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 11.
10
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 12.
10
SEMINAR 2025
limitations, if any, subject to which it has been accepted, to be advertised in such manner as
may be prescribed for the purpose of inviting objections.”11

The GI is published in the Geographical Indications Journal, allowing interested parties to file
objections.

Step 4: Opposition Proceedings (Section 14)

Section 14(1): “Any person may, within three months from the date of the advertisement or
re-advertisement of an application for registration or within such further period, not exceeding
one month in the aggregate, as the Registrar, on application made to him in the prescribed
manner, allow, give notice in writing in the prescribed manner to the Registrar, of opposition
to the registration.”12

If an opposition is filed, both parties present evidence, and the Registrar adjudicates the matter.

Step 5: Registration and Issuance of Certificate (Section 16)

Section 16(1): “When an application for a geographical indication has been accepted and
either—
(a) the application has not been opposed and the time for notice of opposition has expired, or
(b) the application has been opposed and the opposition has been decided in favour of the
applicant,
the Registrar shall, subject to the provisions of sub-section (1) of section 17, register the said
geographical indication.”13

A Certificate of Registration is then issued, conferring exclusive rights on the registered

proprietor and authorized users.

11
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 13.
12
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 14.
13
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 16.
11
SEMINAR 2025
Rights Conferred by Registration (Section 21)

Section 21(1): “Subject to the other provisions of this Act, the registration of a geographical
indication shall, if valid, give—

(a) to the registered proprietor and the authorised user or authorised users whose names have
been entered in the register as aforesaid, the exclusive right to the use of the geographical
indication in relation to the goods in respect of which the geographical indication is registered;
and
(b) to the registered proprietor the right to obtain relief in respect of infringement of the
geographical indication in the manner provided by this Act.”14

Infringement and Legal Remedies (Section 22 and Section 27)

Section 22(1): “A registered geographical indication is infringed by a person who, not being
an authorised user thereof,—

(a) uses such geographical indication by any means in the designation or presentation of goods
that indicates or suggests that such goods originate in a geographical area other than the true
place of origin in a manner which misleads the public as to the geographical origin of such
goods; or
(b) uses any geographical indication in such manner which constitutes an act of unfair
competition including passing off in respect of registered geographical indication.”15

Section 27(1): “The relief which a court may grant in any suit for infringement or for passing
off referred to in section 22 includes injunction (subject to such terms, if any, as the court thinks
fit) and at the option of the plaintiff, either damages or an account of profits, together with or
without any order for the delivery-up of the infringing labels and indications for destruction or
erasure.”16

14
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 21.
15
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 22.
16
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 27
12
SEMINAR 2025

Prohibition of Registration as Trademark (Section 25)

Section 25: “Notwithstanding anything contained in any law for the time being in force, no
person shall be entitled to initiate any proceeding to prevent, or to recover damages for, the
infringement of an unregistered geographical indication.”17

This provision ensures that a GI cannot be used as a trademark if it is likely to mislead the
public.

Renewal and Cancellation of GIs (Section 18 and Section 26)

 Renewal (Section 18(2)):

“The renewal of registration shall be for a period of ten years from the date of expiration of the
original registration or of the last renewal of registration, as the case may be.”

 Cancellation (Section 26):

“The Registrar may, on application in the prescribed manner, or on his own motion, make such
inquiry as he thinks fit and, if he is satisfied that any registered geographical indication or
authorised user thereof has been registered in contravention of the provisions of this Act or that
it is no longer registrable under this Act, he may cancel the registration of the geographical
indication or authorised user, as the case may be.”

GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND

PROTECTION) RULES, 2002

The Geographical Indications of Goods (Registration and Protection) Rules, 200218 provide a
detailed framework for the registration, protection, and enforcement of geographical

17
The Geographical Indications of Goods (Registration and Protection) Act, 1999, No. 48, Acts of Parliament,
1999 (India), § 25.
18
The Geographical Indications of Goods (Registration and Protection) Rules,2002, Ministry of Commerce and
Industry, Government of India.
13
SEMINAR 2025
indications (GIs) in India. The application for registration must be filed with the Registrar of
Geographical Indications and should include relevant details about the goods, their
geographical origin, and the class to which they belong. After scrutiny and acceptance, the
application is published in the Geographical Indications Journal to invite opposition. If no
opposition is raised or resolved in favor of the applicant, the GI is registered, and a Certificate
of Registration is issued, valid for ten years and renewable thereafter.

As per the Rules, only the registered proprietor and authorized users have the right to use the
geographical indication. Rule 55 provides for the registration of authorized users, while Rule
50 governs the renewal of registration. Rule 67 deals with rectification or cancellation of
registration if it was obtained through misrepresentation or fraud. In cases of
infringement, Rule 68 allows the registered proprietor to seek legal remedies, including
injunctions and damages. The Rules also allow for the correction of errors and public inspection
of the register, ensuring transparency and protecting the rights of genuine producers.

RIGHTS CONFERRED BY THE REGISTRATION OF A GEOGRAPHICAL

INDICATION

The registration of a geographical indication (GI) under the Geographical Indications of

Goods (Registration and Protection) Act, 1999 (hereinafter referred to as the GI Act)
confers certain exclusive rights on the registered proprietor and authorized users. These rights
are designed to protect the interests of producers associated with the geographical indication
and promote the economic and social development of the specific geographical region from
which the goods originate.

1. Exclusive Use

The registered proprietor of a geographical indication enjoys the exclusive right to use the
geographical indication in relation to the goods for which it is registered. Section 21 of the GI
Act provides that only the registered proprietor and authorized users can use the geographical
indication for the registered goods. This ensures that others are generally prohibited from using
the geographical indication in a manner that suggests a false geographical origin for their
products, thereby protecting the authenticity and reputation of the goods.

14
SEMINAR 2025
2. Legal Protection Against Unauthorized Use

The registration of a geographical indication provides legal protection against unauthorized use
by third parties. Section 22(1) of the GI Act explicitly prohibits the unauthorized use of a
registered geographical indication. If any person uses a registered GI without authorization or
in a misleading manner, the registered proprietor or any authorized user can initiate legal
proceedings for infringement. This provision ensures that only genuine producers from the
defined geographical region can use the GI, preventing misuse and protecting consumer
interests.

3. Licensing and Control

The registered proprietor has the right to license others to use the geographical indication
under agreed terms and conditions. Section 24 of the GI Act allows the proprietor to enter into
agreements for granting licenses to other producers. Licensing ensures controlled and
authorized use of the geographical indication, maintaining quality standards and preserving the
reputation of the goods associated with the GI. Proper licensing also helps producers enhance
their market reach while ensuring that the quality associated with the GI is not compromised.

4. Enforcement and Legal Remedies

The registered proprietor and authorized users are empowered to take legal action for the
enforcement of their rights in case of infringement. Section 23 of the GI Act grants the
registered proprietor and authorized users the right to institute suits for infringement of the
geographical indication. In the event of infringement, they can seek appropriate legal remedies,
including:

 Injunctions to prevent further misuse.

 Damages or accounts of profits to compensate for losses.

 Delivery-up of infringing goods or labels for destruction or erasure.

This enforcement mechanism ensures that the interests of producers and consumers are
safeguarded from fraudulent or deceptive practices.

5. Promotion and Marketing Benefits

15
SEMINAR 2025
The registration of a geographical indication facilitates the promotion and marketing of the
goods associated with it. A registered GI acts as a recognized and protected symbol of quality
and authenticity, enhancing consumer trust and brand recognition. By promoting the
uniqueness and heritage of the goods, the GI registration helps producers gain better market
access, command premium prices, and boost their economic standing. This also contributes to
the overall development of the region from which the goods originate, ensuring socio-
economic growth.

6. Protection of the Collective Heritage

The registration of a geographical indication also serves the broader purpose of protecting
collective heritage and traditional knowledge. It prevents the misappropriation or dilution of
cultural and indigenous knowledge associated with specific regions, ensuring that the benefits
remain with the local communities.19 This aspect aligns with the objectives of safeguarding
traditional knowledge and ensuring sustainable development of rural and marginalized
communities.

INFRINGEMENT OF GEOGRAPHICAL INDICATIONS

Infringement occurs when an unauthorized person uses a registered geographical indication

(GI) in a way that misleads the public about the true origin of the goods. Under Section 22 of
the Geographical Indications of Goods (Registration and Protection) Act, 1999,
infringement includes using a GI that suggests a false origin, constitutes an act of unfair
competition, or falsely represents that the goods originate from a GI-protected area. The
infringer’s actions may include deceptive practices that mislead the public or tarnish the
reputation of the genuine GI product.

To establish infringement, the rights holder must demonstrate that the unauthorized use of the
GI caused confusion or financial loss, and that the infringing mark is identical or deceptively
similar to the registered GI. Remedies include issuing a cease-and-desist notice to the infringer
and filing a legal suit if the violation persists.

19
Berenji, A., & Movahed, A. (2018). "Geographical Indications as a Form of Collective Intellectual Property."
Journal of Intellectual Property Law & Practice, 13(5), 368-374.
16
SEMINAR 2025
REMEDIES FOR INFRINGEMENT

Remedies for GI infringement are categorized into civil and criminal actions under Section 67
of the Act.

CIVIL REMEDIES

1. Injunction: A court may issue a temporary or permanent injunction to prevent the

defendant from continuing the infringement. The court may also order preservation of
evidence and prohibition of disposal of assets that may affect compensation claims.

2. Damages or Penalty: The rights holder may claim damages or profits made by the
infringer. However, this remedy may be waived if the infringer proves they were
unaware of the GI registration.

3. Delivery-Up of Infringing Labels and Goods: The court can direct the infringer to
surrender goods bearing false GIs for destruction or erasure.

CRIMINAL REMEDIES

Criminal remedies are considered more effective due to their deterrent nature. Offenses
under Chapter VIII of the Actinclude falsifying GIs, selling goods with false GIs, and
misrepresenting a GI as registered. Penalties range from imprisonment of 6 months to 3 years
and a fine between ₹50,000 and ₹2,00,000. For repeat offenses, penalties may be more severe,
with imprisonment ranging from 1 to 3 years and a fine between ₹1,00,000 and ₹2,00,000.
Courts may reduce the punishment with valid justification.

PROBLEMS WITH GEOGRAPHICAL INDICATION (GI) PROTECTION

IN INDIA

1. Lack of Awareness and Understanding

One of the significant challenges with GI protection in India is the lack of awareness among
producers, artisans, and stakeholders about the benefits and implications of GI registration.
Many communities, particularly those involved in traditional crafts and agricultural products,

17
SEMINAR 2025
are unaware of the legal framework and the process required to obtain GI status.20 As a result,
they miss out on the economic and reputational advantages that come with GI protection.
Moreover, consumers are often not well-informed about the importance of GI tags, leading to
a lack of demand for authentic GI products.

2. Inadequate Enforcement Mechanisms

Enforcing GI rights effectively remains a major hurdle in India. While registration grants legal
protection, ensuring compliance and preventing misuse or counterfeiting is challenging.
Unauthorized use of GIs and the sale of counterfeit products continue to undermine the
reputation of genuine GI products. The lack of rigorous monitoring and inspection mechanisms
further exacerbates the problem, allowing infringers to exploit the goodwill of registered GIs.

3. Weak Post-Registration Management

Even after obtaining GI status, maintaining quality standards and ensuring adherence to
specifications often pose difficulties. There is a lack of structured mechanisms to monitor the
quality and authenticity of GI-tagged products, which can lead to variations in quality and
affect consumer trust. Many producer communities lack the resources and institutional support
to establish and maintain strict quality control measures.

4. Inconsistent Inspection and Certification Framework

The absence of a robust and consistent inspection and certification framework hampers the
effective management of GI products in India. While some GIs, particularly agricultural
products, require regular quality inspections, many others lack a proper certification system.
This inconsistency leads to situations where substandard products enter the market under the
guise of being authentic GI goods, thereby diminishing the reputation and credibility of the
product.

5. High Cost of Registration and Maintenance

The process of obtaining and maintaining a GI registration can be expensive and cumbersome,
particularly for small-scale producers and traditional artisans. Costs associated with legal
procedures, documentation, and post-registration compliance can be prohibitive, discouraging

20
Kaur, A. (2021). "Legal Regime for Geographical Indications in India: An Analysis." Intellectual Property
Review, 16(3), 45-58.
18
SEMINAR 2025
many deserving communities from pursuing GI protection. Moreover, the maintenance of GI
rights requires regular renewals and vigilance, adding to the financial burden.

6. Disputes and Conflicts Over Origin

Conflicts between regions or states over the rightful origin of a product often complicate the
GI registration process. Cases such as the dispute over ‘Rasgulla’ between West Bengal and
Odisha and the tussle over ‘Navara Rice’ between Kerala and Tamil Nadu highlight the
challenges in determining the historical origin of a product. Such disputes delay the registration
process and create confusion about ownership, further undermining the effectiveness of the GI
system.

7. Limited Market Penetration and Global Recognition

Although India has a rich heritage of GI products, many of them have limited market reach,
both domestically and internationally. Lack of branding, marketing, and promotional efforts
prevents these products from achieving their full commercial potential.21 Moreover, despite the
protection offered under TRIPS, enforcement of Indian GIs abroad remains a challenge,
exposing Indian products to misuse and counterfeiting in foreign markets.

8. Inadequate Benefit to Producer Communities

Despite the theoretical benefits associated with GI protection, many producer communities fail
to reap the actual rewards. The economic benefits often do not trickle down to the grassroots
level, where the traditional knowledge and craftsmanship reside. Middlemen and large-scale
traders often capture the majority of the profits, leaving the original producers with minimal
gains.

9. Overlapping and Misuse of GI Tags

Instances of overlapping GI registrations and misuse of GI tags contribute to consumer

confusion and market distortion. In some cases, similar products from different regions obtain
separate GI tags, leading to unnecessary duplication and competition. Furthermore, the lack of
stringent action against unauthorized users diminishes the value of authentic GI products.

21
Pahuja, N. (2017). "Economic Impact of Geographical Indications on Rural Development in India." Journal of
Rural Studies, 54, 178-186.
19
SEMINAR 2025
10. Absence of Comprehensive Policy Framework

India lacks a comprehensive policy framework to address the challenges associated with GI
protection holistically. While the Geographical Indications of Goods (Registration and
Protection) Act, 1999 provides the legal foundation, a more inclusive and supportive
framework is needed to empower producer communities, streamline enforcement mechanisms,
and promote GI products effectively in both domestic and international markets.

FILLING THE GAPS: WHAT CAN BE DONE TO SOLVE THE PROBLEMS

Increase Awareness at the Grassroots Level

Awareness about the importance and benefits of geographical indications (GIs) is still limited,
particularly in rural areas where most GI-protected goods are produced. Although the
government conducts awareness programs in regions where GI goods are prominent, these
efforts need to be expanded further. 22 To ensure that local producers understand the
significance of GIs and their protection, communication should be conducted in vernacular
languages to enhance outreach and effectiveness. Producers should also be educated on
maintaining GI standards and safeguarding their rights against infringement.

Clarify the Role of Government in GI Registration

The increasing nationalization of GIs, where government bodies register GIs instead of
producer associations, presents a challenge. This practice, if unchecked, may deprive actual
producers of the benefits. Greater clarity is needed in the Geographical Indications of Goods
(Registration and Protection) Act, 1999 regarding who can be an appropriate GI holder.
Judicial pronouncements or legislative amendments can help define the role of government
bodies in GI registration. Transparency in the operations of government-held GIs is essential
to prevent corruption and ensure that the benefits of GI registration reach the producers.

Reduce Reliance on Documentary Evidence

The current framework heavily relies on documentary evidence to establish the historical
existence of a GI, which may not always be available. A more flexible approach would be to

22
Kurumbail, M., & Kaur, S. (2020). "The Role of Geographical Indications in Protecting Traditional
Knowledge." Journal of Economic Policy and Research, 15(2), 78-86.
20
SEMINAR 2025
consider testimonial proof and generational knowledge. Verifying oral testimonies of
successive generations can help establish the authenticity of claims. This approach can be
supplemented with an examination of common knowledge and customs to assess the legitimacy
of a claimed GI.

Strengthen Quality Control Mechanisms

Post-registration quality control mechanisms are essential to ensure that the standards
associated with a GI are maintained, especially for exported goods. Quality checks should be
integrated into the pre-registration process itself, ensuring that GI goods adhere to prescribed
standards after registration. Producer associations can play a key role in monitoring quality and
preventing any compromise that may affect the reputation of the GI.

Develop Distinctive Logos and Branding

To protect against counterfeit products and ensure product differentiation, producers should be
encouraged to develop unique logos for their GI-protected goods. Several GI goods such as
Darjeeling Tea, Muga Silk, and Odisha Pattachitra have developed their own logos, ensuring
easy identification of authentic products. Producers of other GI goods should follow suit and
prominently display these logos to maintain authenticity and prevent imitation.

Integrate GIs with Tourism Promotions

Integrating GIs with tourism can increase awareness and boost sales. India, with its rich cultural
heritage, attracts millions of tourists who are often interested in local crafts and traditions.
Promoting GIs through tourism advertisements can draw attention to region-specific products,
increasing their commercial potential. By showcasing GI goods in tourist hubs, producers can
create a symbiotic relationship between tourism and the promotion of indigenous products.

Take Swift Legal Action Against Infringements

Monitoring markets to identify and eliminate counterfeit products is essential to protect the
integrity of GI-protected goods. Producer associations should play a proactive role in
monitoring unauthorized use and taking swift legal action against infringements. Employing
third-party watchdog agencies can further strengthen this effort, ensuring that genuine
producers are protected and counterfeit goods are kept out of the market.

Provide Financial Assistance and Support

21
SEMINAR 2025
The government can support GI holders by offering subsidized loans and financial aid to
promote and protect their products. Since marketing, quality control, and promotion require
significant investment, government assistance can ease the financial burden on producers. Such
support would help producers establish a brand identity, maintain product quality, and expand
their market reach effectively.

CASE STUDIES ON GEOGRAPHICAL INDICATION (GI) PROTECTION

1. Darjeeling Tea Case23

The Darjeeling tea case highlights the protection of Darjeeling tea under the Geographical
Indications (GI) Act, both at the local and international levels. The case arose when Japanese
enterprises, previously licensed by the Tea Board of India, were found to be illegally using and
registering the 'Darjeeling' name and logo in Japan. In the case of Tea Board of India vs. Mitsui
Norin KK, Japan, India's Tea Board opposed the application for 'Divine Darjeeling' in Class
30, covering tea, coffee, and chocolate. The opposition was based on three grounds: (1) 'Divine'
was a laudatory term lacking distinctiveness, (2) associating ‘Darjeeling’ with coffee and cocoa
was misleading, and (3) Darjeeling tea deserved protection under international conventions,
including TRIPS, of which Japan is a member. Although the Japan Patent Office dismissed the
Tea Board’s opposition, stating that ‘Divine Darjeeling’ was not misleading, a non-use
cancellation action was later successful as the licensee failed to prove the proper use of the
mark in Japan.

2. Banglar Rasogolla vs. Odisha Rasagola Case (2017)24

The dispute over the GI tag for the famous Indian dessert ‘Rasgulla’ sparked a conflict between
West Bengal and Odisha. West Bengal registered ‘Banglar Rasogolla’ as a GI in 2017, claiming
that the sweet originated in the state. Odisha countered by claiming that Rasgulla had its roots
in the Jagannath Temple in Puri and subsequently applied for the ‘Odisha Rasagola’ GI tag.
The GI Registry eventually granted both ‘Banglar Rasogolla’ and ‘Odisha Rasagola’ separate

23
Tea Board of India v. Mitsui Norin KK, Japan, Opposition No. 5346, Japan Patent Office (2004).
24
Banglar Rasogolla vs. Odisha Rasagola, GI Registry, Application No. 533 (2017).
22
SEMINAR 2025
GI tags, acknowledging the regional variations of the dessert. While the use of generic terms
like ‘Rasgulla’ or ‘Rasgola’ remains open for public use, the specific GI tags of ‘Banglar’ or
‘Odisha’ Rasogolla are restricted to authorized users only.

3. Pochampalli Ikat GI Case (2005)25

The Pochampalli Ikat case involved the infringement of the GI-protected Pochampalli Ikat, a
traditional handwoven textile from Telangana. In 2005, the registered proprietors discovered
that a Mumbai-based businessman was passing off machine-made saris as Pochampalli Ikat
across a large retail network. M/S Anand & Anand, a law firm, was hired to contest the
infringement at a minimal cost to the weavers. However, during the discussions with the
proprietors and the manufacturers’ association, an out-of-court settlement was reached. The
infringer agreed to destroy the unsold stock and pledged to refrain from selling machine-made
saris as Pochampalli Ikat. This case emphasized the need for an effective inspection framework
to prevent future infringements.

4. Tirupati Laddu Case26

The famous Tirupati Laddu, offered as prasadam at the Sri Vari Temple in Tirupati, Andhra
Pradesh, was granted a GI tag in 2009 under Class 30. However, a public interest litigation
(PIL) was filed by R.S. Parveen Raj challenging the GI tag, claiming that (1) the GI should not
have been granted to a single producer, (2) the product lacked individuality, and (3) the name
‘Laddu’ was generic in nature. The Madras High Court dismissed the PIL, noting that a more
appropriate forum for such disputes would have been the GI Registry or the Intellectual
Property Appellate Board (IPAB). The court’s decision reaffirmed the validity of the GI tag
for Tirupati Laddu, emphasizing its distinctiveness as a sacred offering to Lord Venkateshwara.

5. Navara Rice Case – Tamil Nadu vs. Kerala27

Navara Rice, a unique grain plant from the Oryza group, is known for its medicinal properties
and originated in Kerala. The Navara Rice Farmers’ Society secured a GI tag for the rice in
2007. However, disputes arose between farmers from Tamil Nadu and Kerala, who both

25
Pochampalli Handloom Weavers’ Cooperative Society v. M/S Anand & Anand, Settlement Agreement (2005).
26
R.S. Parveen Raj v. Union of India, W.P. No. 27428 of 2009, Madras High Court (2010).
27
Navara Rice Farmers’ Society v. Tamil Nadu Farmers, GI Registry, Application No. 78 (2007).
23
SEMINAR 2025
claimed rights to cultivate and sell Navara rice. The controversy intensified due to the lack of
historical evidence regarding the origin of Navara rice. Critics argued that GI should not be
granted to seeds, as they migrate and adapt to local ecologies over time. The case highlighted
the complexities involved in granting GI protection to agricultural products and called for more
clarity in GI laws.

6. Kolhapuri Chappals Case (2019)28

Kolhapuri chappals, known for their traditional craftsmanship, were granted a GI tag in 2019,
covering eight districts across Maharashtra and Karnataka. The Sant Rohidas Leather
Industries & Charmakar Development Corporation Limited (LIDCOM) of Maharashtra and
the Dr. Babu Jagjeevan Ram Leather Industries Development Corporation (LIDKAR) of
Karnataka jointly applied for the GI tag in 2009. The need for dual-state protection arose due
to increasing demand, reduced leather supply in Maharashtra, and changing consumer
preferences. The GI tag aimed to protect the interests of artisans from both states and safeguard
the product from imitation, particularly from Chinese replicas.

7. Banganapalle Mango Case29

Banganapalle mangoes, often referred to as the ‘King of Fruits,’ were granted a GI tag in 2017.
The Government of Andhra Pradesh filed the application, recognizing the efforts of 7,68,250
families involved in the cultivation of these mangoes. Banganapalle mangoes are characterized
by their distinctive yellow color, thin seeds, and ability to retain quality for up to three months
in cold storage. The mangoes’ cultivation spans across Andhra Pradesh and Telangana, with
around 5,500 tons exported annually to countries like the United States, United Kingdom,
Japan, and Gulf nations. The GI tag helped secure the identity of the mango, ensuring its
authenticity and boosting farmers' income through higher export demand.

28
Sant Rohidas Leather Industries & Charmakar Development Corporation Limited & Dr. Babu Jagjeevan Ram
Leather Industries Development Corporation v. Registrar of Geographical Indications, GI Application No. 146
(2019).
29
Government of Andhra Pradesh v. Geographical Indications Registry, GI Application No. 545 (2017).
24
SEMINAR 2025

8. Alphonso Mango Case30

Alphonso mango, known for its superior taste and aroma, was granted a GI tag in 2018,
bringing recognition and protection to one of India’s most coveted varieties of mangoes. The
GI tag was awarded to Alphonso mangoes grown in the Konkan region of Maharashtra,
specifically in districts such as Ratnagiri, Sindhudurg, Palghar, Thane, and Raigad. The GI
registration ensured that only mangoes cultivated in this region could be marketed as Alphonso
mangoes, preventing misrepresentation and safeguarding the reputation of the product. The
Alphonso mango enjoys significant demand in domestic and international markets, particularly
in countries like the United States, Japan, and Gulf nations. The GI tag not only protected the
interests of local farmers but also enhanced the export potential of Alphonso mangoes by
assuring consumers of the authenticity and origin of the product.

9. Whisky Case: Scotch Whisky Association vs. Golden Bottling Limited31

In the landmark case of Scotch Whisky Association vs. Golden Bottling Limited, the issue of GI
infringement came to the forefront when the Scotch Whisky Association (SWA) filed a case
against Golden Bottling Limited for using the term ‘Red Scot’ for its whisky, which was not
produced in Scotland. The SWA claimed that the use of the term 'Scot' falsely implied that the
product was Scotch whisky, thereby misleading consumers about the origin of the product. The
court ruled in favor of the SWA, holding that the use of ‘Red Scot’ was misleading and
constituted an infringement of the registered GI for Scotch whisky. The court emphasized that
only whisky produced in Scotland and conforming to specific standards could be marketed as
‘Scotch Whisky,’ thereby reinforcing the protection granted to GIs under international
conventions and Indian law.

30
Government of Maharashtra v. Geographical Indications Registry, GI Application No. 635 (2018).
31
Scotch Whisky Association v. Golden Bottling Limited, 2006 (33) PTC 763 (Del).
25
SEMINAR 2025

CONCLUSION

Geographical Indications (GIs) serve as powerful tools to protect traditional knowledge,

promote indigenous products, and empower local communities by ensuring that the benefits
derived from these products reach the rightful stakeholders. India, with its rich cultural heritage
and diverse range of products, has made significant strides in recognizing and protecting GIs.
However, despite the legislative framework established by the Geographical Indications of
Goods (Registration and Protection) Act, 1999, and international protection under TRIPS,
several challenges continue to undermine the effectiveness of GI protection in India.

A lack of awareness among producers and consumers about the significance of GIs leads to
underutilization of this legal tool. Producers often miss out on the opportunity to capitalize on
GI registration due to limited knowledge about the benefits and processes involved. Moreover,
post-registration management, including quality control and market penetration, remains
inadequate, resulting in inconsistency in product quality and reduced consumer trust.

Disputes over the origin of certain products further complicate the GI landscape. Conflicts
between states, such as the battle over Rasgulla between West Bengal and Odisha, highlight
the difficulties in determining historical origins, delaying the registration process. Additionally,
the high cost of obtaining and maintaining GI status creates barriers for small-scale producers,
limiting the potential reach of GI protection. Despite the growing recognition of Indian GIs
globally, ensuring adequate protection in international markets remains a challenge, exposing
Indian products to counterfeiting and misuse.

To unlock the full potential of GIs in India, a more comprehensive and supportive framework
is required. Enhanced awareness campaigns, streamlined enforcement mechanisms, and
improved market access through branding and promotion can significantly boost the
commercial viability of GI products. Moreover, empowering producer communities through
financial support and capacity-building initiatives can ensure that the economic benefits of GI
protection reach the grassroots level. Strengthening the GI ecosystem in India will not only
preserve the nation’s cultural heritage but also create sustainable economic opportunities for
millions of artisans and farmers across the country.

26