Geographical Indication (GI):

GI 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 characteristics 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.
Geographical Indications (GIs) identify a good as originating in the territory of a
particular country, or a region or locality in a country, where a given quality,
reputation or other characteristic of the good is essentially attributable to the
physical place.
The use of a GI may act as a certification that the product possesses certain
qualities, is made according to traditional methods, or enjoys a certain
reputation, due to its geographical origin.
Darjeeling Tea, Lucknow Chikan Craft, Kinnauri Shawl, Blue Pottery of Jaipur are
some of the registered GIs in India.
Benefit of getting a GI registration:
GI confers legal protection to goods in domestic as well as international
market.

It prevents the unauthorized use of a Registered Geographical Indication

by others

As legal protection is provided to Indian Geographical Indications, the

export is promoted.

It returns financial benefits to the producers of goods produced in a

geographical territory.

A registered proprietor can also seek legal protection in other WTO

member countries.

When is a GI not registrable:

A geographical indication:
The use of which would be likely to deceive or cause confusion;

The use of which would be contrary to any law for the time being in force;

Which comprises or contains scandalous or obscene matter;

Which comprises or contains any matter likely to hurt the religious

susceptibilities of any class or sections of the citizens of India

Which would otherwise be disentitled to protection in court

Which are determined to be generic names or indication of goods and are,

therefore, not or ceased to be protected in their country of origin, or which
have fallen into disuse in that country

Which, although literally true as to the territory, region or locality in which

the goods originate, but falsely represent to the persons that the goods
originate in another territory, region or locality, as the case may be;

Shall not be registered a geographical indication.

What is a generic GI:

If a geographical term is used as the designation of a kind of product rather than
an indication of the place of origin of that product, the term no longer function as
a GI.

Who can apply for the registration of a GI:

Any association of persons or of producers or any organization 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
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.
Registered Proprietor of a geographical indication:
Any association of persons or of producers or any organization or authority
established by or under the law can be a registered proprietor.
The registered proprietor can exercise the exclusive rights to use the GI and
prevent others from using the GI without his permission.
He can also initiate infringement action against the infringers.
Authorized User:
Any person claiming to be a producer of the goods in respect of which a
geographical indication has been registered may apply for registration as an
authorized user.
Term of GI protection:
GI is registered for a period on ten years but can be renewed from time to time
for a further period of 10 years by paying the renewal fees.
If a registered geographical indication is not renewed it is liable to be removed
from the register.
Is registration of a Geographical Indication compulsory:
The registration of GI, though not compulsory, offers better legal protection to
facilitate an action for infringement. Also the authorized user can exercise his
exclusive right to use the GI and can initiate can initiate infringement actions
against the infringer.
Infringement of a registered GI:
The following action amounts to GI infringement
When an unauthorized user uses a geographical indication that indicates
or suggests that such goods originate in a geographical area other than

the true place of origin of such goods in a manner which mislead the
public as to the geographical origin of such goods;

When the use of geographical indication result in an unfair competition

including passing off in respect of registered geographical indication;

When the use of another geographical indication results in false

representation to the public that goods originate in a territory in respect of
which a registered geographical indication relates.

Penalties for GI infringement:

The Geographical Indications of Goods (Registration and Protection) Act, provides
for a sentence of imprisonment for a term between six months to three
years and a fine between fifty thousand and two lakhs rupees in case of GI
infringement.
Can registered GI be assigned or transmitted:
Since a geographical indication is a public property belonging to the producers of
the concerned goods, it shall not be the subject matter of assignment,
transmission, licensing, pledge, mortgage or such other agreement.
However, when an authorized user dies, his right devolves on his successor in
title.
GI differ from trademark:
A trademark is a sign that an individual trader or company uses to distinguish its
own goods or services from the goods or services of competitors.
A geographical indication on the other hand is used to show that certain products
have a certain regional origin.
International protection systems for GI:
The Paris Convention provides protection of geographical indications against
any unauthorized use that is misleading.
The Lisbon Agreement for the Protection of Appellations of Origin and their
International Registration administered by World Intellectual Property
Organization provides an international registration system for appellations of
origin. A country that operates a national system for the protection of
appellations of origin can apply for international registration of a given appellation
of origin, which is then communicated to the other States party to the
Agreement.
The TRIPS Agreement also requires all Members of the World Trade
Organization to protect geographical indications, if their unauthorized use would
be misleading or would constitute an act of unfair competition.

Registration/filling process:
Every application for the registration of a geographical indication is to be made in
the prescribed form for single class or for multiple classes and accompanied
by the prescribed fee.
Type of Applications
Ordinary Application: An application which has been filed to register a
GI of India

Convention Application: An application filed for registration of GI from a

convention country, along with proof of registration/ filing of that GI in
home country.

Single Class Application: An application which has been filed to register

for specification of goods included in one class.

Multi Class Application: A single application filed for registration of GI

for different or more than one classes of goods.

The statement contained in the application shall also include the

following:
Specification- A brief statement describing the special characteristics and
quality parameters of the goods;

Description of goods giving its uniqueness and geographical linkage;

Method of production including the process involved, raw materials and

tools, packaging specialty etc.;

Uniqueness of the product by comparing it with other similar products;

Historic proof in the form of documentary evidence to prove the existence

of the Geographical Indication;

Detail of inspection body set-up by the Applicant to monitor the production

in respect of quality, integrity and consistency of the product as well as
genuine use of the GI;

Present scenario of the GI product.

STEP 1: Filling the application

STEP 2 & 3: Preliminary scrutiny and examination
The Examiner will scrutinize the application for any deficiencies.
The applicant should within one month of the communication in this
regard, remedy the same.
The content of statement of case is assessed by a consultative group of
experts will versed on the subject.
The will ascertain the correctness of particulars furnished.
Thereafter an Examination Report would be issued.
STEP 4: Show cause notice
If the Registrar has any objection to the application, he will communicate
such objection.
The applicant must respond within two months or apply for a hearing.
The decision will be duly communicated. If the applicant wishes to appeal,
he may within one month make a request.
The Registrar is also empowered to withdraw an application, if it is
accepted in error, after giving on opportunity of being heard.

STEP 5: Publication in the geographical indications Journal

Every application, within three months of acceptance shall be published in
the Geographical Indications Journal.
STEP 6: Opposition to Registration
Any person can file a notice of opposition within three months (extendable
by another month on request which has to be filed before three months)
opposing the GI application published in the Journal.
The registrar shall serve a copy of the notice on the applicant.
Within two months the applicant shall sent a copy of the
counterstatement.
If he does not do this be shall be deemed to have abandoned his
application. Where the counter-statement has been filed, the registrar
shall serve a copy on the person giving the notice of opposition.
Thereafter, both sides will lead their respective evidences by way of
affidavit and supporting documents.
A date for hearing of the case will be fixed thereafter.
STEP 7: Registration
Where an application for a GI has been accepted, the registrar shall
register the geographical indication. If registered the date of filing of the
application shall be deemed to be the date of registration.
The registrar shall issue to the applicant a certificate with the seal of the
Geographical indications registry.
STEP 8: Renewal
A registered GI shall be valid for 10 years and can be renewed on
payment of renewal fee.
STEP 9: Additional protection to notified goods
Additional protection for notified goods is provided in the Act.
STEP 10: Appeal
Any person aggrieved by an order or decision may prefer an appeal to the
intellectual property appellate board (IPAB) within three months.