GEOGRAPHICAL INDICATIONS (GI):
COMPREHENSIVE EXAM NOTES
Geographical Indications represent a vital area of intellectual property rights that protects
products with unique geographical origins. These notes provide a thorough understanding of GI
concepts, legal frameworks, registration processes, and practical applications for exam
preparation.
Definition and Concept of Geographical Indications
A geographical indication (GI) is a sign used on products that have a specific geographical origin
and possess qualities, reputation, or characteristics that are essentially attributable to that place
of origin [1] . GIs serve as powerful branding tools that identify agricultural goods, natural goods,
or manufactured goods originating from a specific territory, region, or locality [2] .
The concept differs from trademarks in that GIs belong collectively to producers in a specific
geographical area rather than to a single company. They function as quality indicators, assuring
consumers that products possess certain characteristics due to their geographical origin [3] .
Under the TRIPS Agreement, a geographical indication is defined as an indication that identifies
goods as originating in a territory where a given quality, reputation, or other characteristic is
essentially attributable to its geographical origin [4] . This definition has been widely adopted in
national legislation worldwide.
Legal Framework for Geographical Indications
International Legal Framework
Several international agreements govern the protection of geographical indications:
1. TRIPS Agreement: Articles 22-24 of the WTO's Agreement on Trade-Related Aspects of
Intellectual Property Rights establish minimum standards of protection for GIs that member
countries must implement [4] .
2. Paris Convention: This convention applies to industrial property including geographical
indications and requires measures against false indications of source [5] .
3. Lisbon Agreement: The Lisbon Agreement for the Protection of Appellations of Origin and
their International Registration provides a framework for international protection through a
single registration procedure [6] .
4. Geneva Act of the Lisbon Agreement (2015): This recent update expanded the Lisbon
system to include both appellations of origin and geographical indications, creating a
comprehensive international registration system [6] [7] .
Indian Legal Framework
India enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999,
which came into force on September 15, 2003 [2] . This law was created to comply with India's
TRIPS obligations and provides for:
Registration and protection of GIs in India
Prevention of unauthorized use of registered GIs
Legal remedies against infringement
Promotion of goods bearing India's GIs in export markets [8]
The Act is administered by the Geographical Indications Registry, with the Controller General of
Patents, Designs and Trade Marks serving as the Registrar of Geographical Indications [9] .
Registration Process
The process for registering a geographical indication in India follows these steps:
1. Application Filing
Must be made by an association of persons, producers, or organization representing the
interests of producers [2]
Filed before the Registrar of Geographical Indications [9]
Must include:
Statement of the good's specific qualities and characteristics
Geographical map of the territory where goods originate
Class of goods
List of producers
Prescribed fee [9]
2. Examination
Preliminary scrutiny for deficiencies (applicants have one month to remedy any issues)
Registrar may accept, partially accept, or refuse the application
If refused, written grounds are provided, and applicant has two months to respond [2]
3. Advertisement and Opposition
Accepted applications are advertised in the GI Journal
Interested parties have three months to file opposition [2]
4. Registration
If no opposition is filed or opposition is decided in applicant's favor, the Registrar issues a
certificate of registration
Both the GI and its authorized users are registered [9]
Types of Products Eligible for GI Protection
Geographical indications can be registered for various categories of goods:
1. Agricultural Products
Products like Darjeeling tea, Basmati rice, Alphonso mango, and Kangra tea that derive their
unique qualities from soil, climate, and cultivation methods of their regions [10] [11] .
2. Food Products
Traditional food items including cheeses, meats, bread, and confectionery with unique
preparation methods linked to specific regions [3] .
3. Beverages
Drinks like wines and spirits that have internationally recognized GIs such as Champagne
(France), Scotch whisky (Scotland), and Tequila (Mexico) [11] .
4. Handicrafts and Artisanal Products
Traditional crafts like Mysore Silk, Kolhapuri Chappal, and Madhubani Paintings that showcase
regional artistic traditions and craftsmanship [12] [2] .
5. Natural Products
Items like Makrana marble or Bashkir Honey (Russian Federation) that possess qualities unique
to their natural environment [10] [1] .
6. Industrial Products
Manufactured goods such as Swiss watches where production expertise is concentrated in a
specific region [1] .
Rights Conferred by GI Registration
Registration of a geographical indication provides several important rights:
1. Exclusive Use Rights
The authorized users gain the exclusive right to use the geographical indication in relation to the
goods for which it is registered [13] .
2. Infringement Protection
The registered proprietor and authorized users can seek legal remedies against infringement of
the geographical indication [13] .
3. Prevention of Misleading Use
Protection against any direct or indirect use that constitutes an act of unfair competition or
misleads consumers about the true origin [10] .
4. Protection Against Genericization
GI registration helps prevent the indication from becoming generic in the marketplace,
preserving its value over time [6] .
These rights are subject to any conditions and limitations entered in the register, and when
multiple authorized users exist for similar GIs, each has equal rights against others not on the
register [13] .
Benefits of Geographical Indications
Geographical indications offer numerous advantages to various stakeholders:
For Producers
Premium pricing for authentic, quality products
Protection against misappropriation and counterfeiting
Enhanced market recognition and competitiveness
Collective promotion opportunities [12]
For Consumers
Quality assurance and authentic products
Preservation of traditional knowledge
Informed purchasing decisions
Cultural and heritage appreciation [3]
For Regional Development
GIs serve as catalysts for rural development by empowering local communities
Creation of employment opportunities in traditional sectors
Development of region-specific industries and tourism
Sustainable livelihoods for artisans and producers [12]
For Cultural Preservation
Safeguarding traditional knowledge and practices
Maintaining cultural identity and heritage
Encouraging continuation of traditional production methods [12]
Examples of Notable Geographical Indications
International Examples
Champagne (sparkling wine from the Champagne region of France)
Parmigiano-Reggiano cheese (Italy)
Scotch whisky (Scotland)
Swiss watches (Switzerland)
Tequila (Mexico) [3] [14]
Indian Examples
Darjeeling Tea (West Bengal)
Basmati Rice (Indo-Gangetic plains)
Kanchipuram Silk Saree (Tamil Nadu)
Mysore Silk (Karnataka)
Kolhapuri Chappal (Maharashtra)
Banaras Brocade and Sarees (Uttar Pradesh)
Kashmir Pashmina (Jammu & Kashmir) [10] [2] [15]
India had registered 361 geographical indication products as of March 2020, with the first being
Darjeeling tea in 2004-05 [11] .
Duration and Maintenance of GI Protection
Registration Period
A geographical indication is registered for an initial period of ten years in India [2] .
Renewal
Registration may be renewed from time to time upon application [2] .
Special Characteristics
Unlike other intellectual property rights:
GI cannot be transferred, assigned, or licensed
Exception: Inheritance upon death of an authorized user
No renewal fees under the Lisbon System, as long as protection exists in the country of
origin [6] [2]
Exclusions from GI Registration
Under Section 9 of India's GI Act, the following indications cannot be registered:
1. Indications likely to deceive or cause confusion
2. Indications contrary to any existing law
3. Indications containing scandalous or obscene matter
4. Indications containing matter likely to hurt religious susceptibilities
5. Indications otherwise disentitled to protection in court
6. Generic names
7. Indications falsely representing goods as originating from another territory [2]
Infringement and Remedies
Types of Infringement
Unauthorized use of registered GIs
False application or falsification of GIs
Tampering with the origin of goods
Possessing equipment for falsifying GIs [2]
Penalties
For falsely applying or falsifying geographical indications:
First offense: Imprisonment between six months and three years, plus fine between ₹50,000
and ₹2,00,000
Subsequent offenses: Imprisonment between one and three years, plus fine between
₹1,00,000 and ₹2,00,000 [2]
Legal Actions
Civil suits for infringement
Criminal complaints in serious cases
Passing-off actions for unregistered GIs
Border measures to prevent import of infringing goods [10]
Protection Systems for GIs
Different jurisdictions use various approaches to protect geographical indications:
1. Sui Generis Systems
Special regimes of protection specifically designed for GIs, as implemented in India and the
European Union [1] .
2. Trademark Systems
Protection through collective or certification marks, common in countries like the United
States [1] .
3. Administrative Approaches
Methods focusing on business practices and administrative product approval schemes [1] .
4. Unfair Competition Laws
Protection against misleading practices regarding product origin [1] .
Conclusion
Geographical Indications represent a powerful tool for protecting traditional knowledge,
promoting regional development, and preserving cultural heritage. They offer legal protection for
products with unique geographical origins while providing economic benefits to local producers
and quality assurance to consumers. Understanding the legal framework, registration process,
and rights conferred by GI registration is essential for appreciating their significance in the global
intellectual property landscape.
For exam preparation, focus on definitions, the legal framework (both international and Indian),
registration process, rights conferred, and practical examples of GIs from India and around the
world. Pay special attention to the differences between GIs and other intellectual property rights,
and the specific protections they offer to regional products.
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