Intellectual Property Law

GEOGRAPHICAL INDICATIONS
IN INDIA: IMPORTANCE AND
IMPACT
Presented to:-
Presented by:-
Prof. Pradip Kumar Das
Saurabh Halder
Professor
BA.LLB | 2022-27
Department of Law
 INTRODUCTION

A Geographical Indication (GI) is a distinctive sign or symbol used on products that have a specific
geographical origin and possess qualities, reputation, or characteristics inherently linked to that location.
Often associated with traditional knowledge or regional expertise, GIs offer a mark of authenticity and
cultural heritage for products that symbolize the pride and tradition of a specific area. For example,
Darjeeling Tea, Basmati Rice, and Pashmina Shawls are some notable examples of GI products in India.

The registration and protection of GIs are governed globally by the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO), while in
India, it is regulated through the Geographical Indications of Goods (Registration and Protection) Act,
1999, which came into effect in 2003.
 GEOGRAPHICAL INDICATIONS

Section 2(e) of the G.I. Act, 1999 defines:-

“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.”
In simple words, it refers to a sign or symbol used to identify a product that comes from a specific region or
place, and the product has qualities, reputation, or characteristics that are tied to its geographical origin.
 FAMOUS EXAMPLE OF GI

 Some better-known examples of GI tags are “Champagne” and “Bordeaux” these two being the regions
in France and “Chianti” being a region in Italy, are all famous for their wines.
 In context of India “Darjeeling Tea” was the first GI to be registered under the G.I. Act in October
2004.
 This Gi is registered under the name of The Tea Board of India which also provided GI registration to
‘Nilgiri Tea’ in 2007 and ‘Assam Tea’ in 2008.
 Similarly, The Coffee Board under The Ministry Of Commerce And Industry provided the GI tag to
“Malabar Coffee” in April, 2007.
 Other well known GIs include “Kashmiri Pashmina”, “Mysore Silk”, “Lucknow Chicken Craft” and
“Feni.”
 HISTORY OF GI IN INDIA

 Under the TRIPS (Trade-Related Aspects of Intellectual Property), countries do not have a mandatory
obligation to protect a geographical indication if that geographical indication is not covered within the
country of its origin.

 Moreover, India did not have any laws before 1999 related to geographical indication which could
protect the interest of the producers of G.I. goods.
It was due to three controversial cases related to Neem, Turmeric, and Basmati due to which India
introduced the Geographical Indications of Goods (Registration and Protection) Act, 1999.

1. Azadirachta Indica is the botanical name of the neem tree, and the tree is referenced in Indian old texts
for more than 2000 years ago and has been connected for centuries in agriculture as an insect and pest
repellent, veterinary medicine, cosmetics and toiletries. Neem extracts can be used against hundreds of
pests and fungal diseases that attack food crops; the oil extracted from its seeds can be used to cure cold
and flu also mixed in soap, it provides relief from skin diseases, malaria and meningitis as well.
In 1994, European Patent Office (EPO) granted a patent to the US Corporation W.R. Grace Company
and US Department of Agriculture for a method for controlling fungi on plants by the aid of hydrophobic
extracted Neem oil. In 1995, a group of international NGOs and representatives of Indian farmers filed
legal opposition against the patent. They submitted evidence that the fungicidal effect of extracts of Neem
seeds had been known and used for centuries in Indian agriculture to protect crops, and therefore, the
patent was illegal.

In 1999, the EPO determined that according to the evidence all features of the present claim were disclosed
to the public prior to the patent application and the patent was not considered to involve an inventive step.
In May 2000 EPO revoked the patent which was granted for neem.
2. In March 1995, in the case of turmeric, a US Patent was granted to two NRI’s for turmeric to be used as
a wound-healing agent. CSIR opposed this Patent at the USPTO based on “Prior Art”, it claimed that
turmeric had been used for thousand years for treating wounds and rashes in India, and hence it was not an
invention.

CSIR showed an antique Sanskrit manuscript, and a paper published in 1953 in the Indian Medical
Association Journal as documentary evidence. The U.S. patent office upheld the objections and cancelled
the Patent
In the case of basmati, a US Patent granted to Texas-based Rice Tec Inc claimed that their invention is
related to a new breed of rice plants and grains. The USPTO approved the Patent on “Basmati Rice Line
and Grains” in 1997. After three years of examination and accepted 20 claims put forward by Rice Tec
Inc., India opposed the Patent and challenged it.

A team of agricultural scientists presented various proofs and supporting information to establish prior art
in this area in India. Evidence against the claim was so strong that the company withdrew 15 claims, and
only five claims out of 20 claims of the company RiceTec Inc. survived Indian challenges. The patent
granted to new hybrid variants that have nothing to do with basmati.
 Geographical Indication Act, 1999

 After these three cases, the Indian government, to prevent unfair exploitation, realised the importance of
having comprehensive legislation for the registration and providing adequate legal protection to
geographical indications.

 The Parliament enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999,
which came into power with effect from 15th September 2003.

 The present G.I. is governed by the Geographical Indications of Goods (Registration & Protection) Act,
1999, and the Geographical Indication of Goods (Regulation and Protection) Rules, 2002.
 Objectives of the G.I. Act,1999

The objectives of the G.I. Act 1999 is threefold,

1. It is to prohibit unauthorized persons from misusing geographical indications and to protect consumers
from deception.

2. Law governing the geographical indication of goods in India which could well be enough to cover the
concern of yielders of such goods.

3. To encourage and promote exports of the goods bearing India Geographical Indication.
 Geographical Indication registration

 Section 8 of the G.I. Act gives that a Geographical Indication may be registered regarding any or
territory the goods, included in such types of goods as may be listed by the registrar.

 Moreover, regarding a particular area of a country, or a region or locality in that territory, as the case
may be.

 According to the prescribed manner, the registrar may also classify the goods according to the
international division of goods to register geographical indications and publish in an alphabetical index
of various goods.
 Who can apply for G.I.?

 Anyone who provides the goods in case agricultural goods and involves the person who prepares
or packages such goods.

 Anyone who utilizes the goods in case of natural goods.

 Anyone who creates or produces the handiwork or manufactured goods.

 Anyone who purchases or trades in such production, exploitation, building or manufacturing of

the goods.
 Prohibition of Registration of certain Geographical
Indications

For registration, the G.I. must fall within the extent of the definition of the expression “geographical
indication” as provided under Section 2 (1) (e) of the G.I. Act. In addition, such a G.I. should not fall in the
purview of prohibiting acts contained in Section 9, which are as follows:

 The use of which will likely to deceive or confuse

 The use of which will be opposed to any law which is in the force at that time

 Which includes or contains disreputable or offensive matter

 Which constitutes or contains any element likely to hurt the religious sensitivities of any group or
community of the citizens of India

 Which will contrarily be disentitled to safeguard in a court

 Which are confirmed to be nonexclusive names or indications of goods and are, hence, not or
discontinued to be guarded in their country of origin, or which have come into disuse in that country

 Which, although belongs to another territory, region or locality in which the goods originate, but
dishonestly represent to the persons that the goods originate in another territory, area or locality,
whatever the case may be.
 Infringement

 The Act also provides for infringement and passing off actions, thus recognizing the common
law right in a GI, which includes civil as well as criminal remedies.

 Infringement has been defined to include unfair competition.

 An action for infringement of a GI may be initiated in a District Court or High Court having
jurisdiction.

 Available relief includes injunctions, discovery of documents, damages or accounts of profits,

delivery up of the infringing labels, and indications for destruction or erasure.
 CONCLUSION

India is still an agricultural economy even though the GDP contribution of the agricultural
sector is about 18 per cent. However, approximately 60 per cent of India’s population still
works in the agricultural industry. That is why having a law like the G.I. act, 1999 and making
it even stricter and better is crucial to protect farmers’ rights and prevent farmers and workers
that work in the agricultural sector.
THANK YOU