Protection of Geographical Indications
in India
Intellectual Property Rights
Geographical Indications (GI )
An indication which identifies goods as
agricultural goods, natural goods or
manufactured goods
Originating or manufactured in the territory of
a country or a region or locality
Where a given quality, reputation or other
characteristics of such goods is essentially
attributable to its geographical origin
Geographical Indications (GI )
GIs have been defined under Article 22(1) of
the WTO Agreement on Trade-Related Aspects of Intellectual
Property Rights(TRIPS) Agreement as: “Indications which identify
a good as originating in the territory of a member, or a region or
a locality in that territory, where a given quality, reputation or
characteristic of the good is essentially attributable to its
geographic origin.”
The GI tag ensures that none other than those registered as
authorised users (or at least those residing inside the geographic
territory) are allowed to use the popular product name.
Darjeeling tea became the first GI tagged product in India, in
2004-05,
What are geographical
indications?
Link a product to a particular region
Indicate qualities, attributes, reputation associated
with geographic origin
Suggest connection to region’s inherent
characteristics (e.g., soil, climate, territory)
May also imply production skills/processes
associated with region
Features of GI
Groups of producers
Exclusive Collective community rights-protects (no
individual right)
Knowledge underlying GI remains in the public
domain
Protects goods that are already famous-
reputation must pre exist
Functions like a trademark
Examples of geographical indications
Columbia Columbian coffee
India Basmati (rice)
Greece Ouzo (spirit)
France Champagne (sparkling wine),
Roquefort (cheese)
Mexico Tequila (spirit)
Italy Parma ham
Switzerland Etivaz, Gruyere (cheese)
Portugal Port (wine)
Geographical indications and
trademarks
GIs are closely related to trademarks; both
indicate product origin
GIs and trademarks differ in two ways:
1. A trademark belongs to a particular company;
it distinguishes that company’s products.
2. GIs are shared by all producers in the region
identified by the GI.
3. GIs attach to a location; trademarks don’t.
INDICATION
Includes
Any name
Geographical or Figurative
representation (or)
Any combination of them
Conveying or suggesting the
Geographical Origin
- Section (2) (i) (g) of G.I. Act 1999.
GOODS
Agricultural
Natural
Goods of Handicrafts (or)
Industry
Manufactured goods
Food Stuffs
- Section (2) (1) (f) of G.I. Act 1999.
Why are geographical indications
valuable?
GIs are a marketing tool
Reputation for quality associated with place
name used on labels, advertising
GI-identified products are believed to command
higher prices
In India the Geographical Indications
of Goods (Registration and Protection)
Act, 1999
came in force with effect from
September 2003.
to qualify for protection an indication must:
1. Identify the good and its area of geographical
origin.
2. Possess a given quality, reputation or other
characteristics which is essentially attributable to
its area of geographic origin.
Registry
GI Registry at Chennai having all India
jurisdiction.
Registry maintains a Register of GI which is
divided in to
two parts, Part A and Part B.
Registry
Part A contains details of distinguishing characteristics of
the goods and of the registered proprietor which would
be an association of persons or producers or a body
representing interest of such producers like for instance
the Tea Board, Coffee Board, Spices Board etc. To include
all producers a collective reference may be made in the
application.
Part B contains particulars of ‘authorised users’ of GI
such as those producers (traders and dealers) who have
not been included in the original application for
registration. (this provision included due to socio
Contents of the Application
Every application for the registration must contain-
A statement as to how the GIs serves to designate
goods as originating from the concerned territory
of the country/region/locality in the country
The Geographical map of the country, region or
locality in the country in which the goods originate
or are being manufactured.
Ten step guide for registration
1. Filing of application
2. Preliminary scrutiny
3. Constitution of consultative Group of experts
4. Examination
5. Show cause notice
6. Publication in GI journal
7. Opposition
8. Registration
9. Appeal
10. Renewal
Registratio
n
Registration is valid for ten years
but can be renewed from time to time on payment of
renewal fee.
Who can apply for the registration of a
Geographical Indication
Any association of persons, producers,
organisation or authority established by or
under the law.
Registered proprietor
Authorised user
GI Registered in India
DARJEELING / ASSAM TEA
KANGRA TEA
Black_Ctc_Assam_Tea
Misuse of Darjeeling Tea
Tea produced in countries such as Kenya,
Srilanka and Nepal is often sold in world
market as Darjeeeling tea.
According to a study, 40 million Kg of tea is
being sold in world market as Darjeeling tea ,
but the actual production is only 9 million kg
of tea.
AGRICULTURAL GOODS
Alphonso / Dasheri /
Langra Mango
AGRICULTURAL GOODS
HORTICULTURAL PRODUCTS
Udupi mallige
Mysore mallige
Hadagali mallige
AGRICULTURAL GOODS
HORTICULTURAL PRODUCTS
COORG ORANGE
NANJANGUD BANANA
HANDICRAFTS INCLUDING TEXTILES
ASSAM
Asomiya Gamocha aru Jaapi Japi
Assomiya Gohana
ASSAM
Cane
Cane
Pital
ASSAM
Sarai Terracotta Work
Bamboo
ASSAM
Pottery
Wood Carving
Ornamant
