Home Intellectual Property Registration of Geographical Indication

Registration of Geographical Indication

One type of intellectual property right that is usually used to protect the place of origin of a product is called a geographic indicator. Our country manufactures a variety of goods that are well-known throughout the world, including handwoven fabrics and aromatic spices.

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Overview of Geographical Indications (GI) Tags

Geographical Indications (GI) tags are now necessary for the protection of India's traditional goods. By accurately labelling goods with their place of origin, these tags ensure both recognition and protection.

GI tags improve a product's marketability and guard against unauthorized usage or copying by emphasizing its unique characteristics and relationships to particular regions. GI badges, then, serve as indicators of authenticity in the international market and honour India's rich cultural legacy.

Why are They Called Geographical Indications Tags (GI Tags)?

An identification label, also referred to as a Geographical Indication tag (GI tag), is a name or symbol attached to some products that indicates their specific area of origin.

With the use of the GI tag, consumers who reside in the selected region or are authorized users can only use the well-known product name.

Additionally, it stops others from creating replicas or copies of the product. A GI that has been registered is valid for ten years.

GI tags must be issued in accordance with the Geographical Indications of Goods (Registration and Protection) Act of 1999. A "geographical indication" (GI) is a marking applied to goods with a specific geographic place of origin that certifies their better quality or well-regarded position in the region.

Validity of GI Tags

A Geographical Indications (GI) Tag can be renewed every 10 years following its first ten-year expiration date.

Who Issues and Oversees GI Tags or Geographical Indications?

Globally

In pursuant to the Paris Convention for the Protection of Industrial Property and Geographic Indicators are discussed in relation to intellectual property rights (IPRs).

Furthermore, GI is regulated by the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

India

In September 2003, the Geographical Indications of Goods (Registration and Protection) Act, 1999, came into effect, governing the registration process for geographical indications in India.

GI Tags' Role in India's Export Market

Maintaining Cultural Heritage: The techniques employed to produce its traditional commodities reveal India's well-established cultural heritage. Each product embodies a story of centuries-old knowledge and indigenous wisdom, from the vibrant handloom fabrics of Varanasi to the aromatic spices of Kerala. GI tags are essential to the preservation of this cultural legacy because they protect the authenticity and integrity of these goods.
Protection from replication: One of GI tags' primary benefits is its ability to keep goods safe from improper usage or unapproved replication. Indian products can legally be acknowledged for their unique origin and features by applying for GI status, which prohibits other companies from making fraudulent claims.
Market Differentiation and Branding: GI tags function as efficient branding tools in a crowded international market, differentiating Indian products from the competition and driving up pricing. Global consumers are drawn to products with GI tags because of their own qualities and cultural relevance, which evoke feelings of exclusivity and authenticity.
Improved Market Accessing: GI tags give Indian exporters and products access to emerging markets and commercial opportunities. The global acknowledgement and standing linked with goods bearing GI tags ease market entry by assuaging doubts about authenticity, quality, and place of origin.
Soft power and Cultural Diplomacy: GI-tagged goods are powerful representations of India's diversity and depth of culture, projecting the country's influence internationally. India grows closer to other countries through the sharing of traditional crafts, delectable foods, and valuable agricultural products.
Development of Travel and Cultural interchange: India's unique cultural offerings, like its GI-tagged products, which serve as a material representations of the country's rich legacy, attract tourists from all over the world in addition to helping India's export revenue.

Advantages of GI Tags (Geographic Indication Tags)

Creating Wealth: By ensuring equal profit sharing and high-quality production, GI tags improve financial gains. For example, the GI label for Basmati rice and Darjeeling tea ensures increased revenue streams.
Global Industry Access: GI tags make it easier for products to enter foreign markets; this is illustrated by the success of Jaipur Blue Pottery and Kanchipuram Silk Sarees.
Encouraging Entrepreneurship: Talented and innovative entrepreneurs are encouraged by GI tags. Kashmiri Pashmina Shawls are an example of the business prospects brought up by GI tags.
Job Creation: GI tags encourage employment potential in communities, as perceived by the multitude of individuals who rely on the manufacture of Bhagalpur silk and Banarasi brocades for their lives.
Supporting Women: By promoting traditional crafts like Warli Paintings and Madhubani Art, where women play important roles, GI tags help increase the participation of women in the labour field.
Cultural Maintenance: Traditional crafts, culture, and culinary history are all significantly improved by the use of GI tags. Products that benefit from GI labelling include Kalamkari Fabric and Alphonso Mango, which help to preserve cultural practices.
Community Benefits: By promoting biodiversity, regional knowledge, and resources, GI tags help communities. Goods like Mysore Sandalwood and Coorg Coffee show how GI tags benefit the local populace.

Rights provided under IPR's Geographical Indications

Exclusive Use: For commodities that fall under the purview of the registered GI, only the GI holder who has registered the geographical indicator may use it. This suggests that, unless they are approved users, no other producer or entity may use the GI to market or sell similar products.
Security Against Misuse: GI protection makes sure that unapproved parties are unable to use the registered GI to deceive customers about the original source, attributes, or traits of the goods. This stops products that are not from the specified geographic region from being incorrectly labeled the geographical name.
Preventing Imitations: It is forbidden to use a registered Geographical Indication (GI) without permission in order to mimic or confuse it with the real thing. In addition to preventing unfair competition, this preserves the reputation and distinctive features of the authentic product.
Assurance of Quality: GI protection is occasionally associated with certain industrial techniques and quality standards unique to the area. Maintaining these quality standards is the registered GI holder's responsibility and helps reassure customers about the product's originality and quality.
Right to License: If other producers (approved users) adhere to the designated quality standards and manufacturing techniques linked with the GI, the registered GI holder is free to provide permission to them to use the GI on their goods.
Control over Imports: The registered GI holder has the ability to regulate how the GI is applied to goods that are imported from other countries because of the GI protection. This action ensures that the market is only open to authentic products that come from the designated geographical area.
Lawful Remedies: In the scenario that the GI is used or violated, the registered GI holder may pursue legal recourse. When someone violates the rights of a GI holder, legal action may be taken, and damages or injunctions to stop the unauthorized use may be sought.
Recognition in International Trade: Through international agreements or treaties, GIs that are registered and protected in one country may also be acknowledged and protected in other countries. The export of goods with the GI to foreign markets is made easier by this recognition.

The Process of Registering for a Geographical Indication in India

Step 1: Completing the Application

Please confirm if the indication meets the criteria for a Gl as stated in section 2(1)(e).
Three submissions of the application are required.
The application must be accompanied by a statement of the case that is signed by the applicant or his representative.
Details on the special characteristics and the procedures followed to maintain such standards.
The region to which the GI is related is depicted on three official copies of the map.
Details on any inspection system that could be in place to monitor the GI's use in the area to which it applies.

Steps 2: Preliminary Examination and Evaluation

The Examiner will review the application in its entirety to make sure there are no errors.
From the date of receiving this letter, the applicant has a month to make the required modifications.
A consultative committee of subject-matter specialists evaluates the statement of the case's content.
They will verify that the information provided is accurate.
After that, a report on the investigation would be made public.

Step 3: Give a Cause-of-cause Notification

Any objections the Registrar may have to the application will be communicated to the relevant parties.
The applicant has two months to respond or ask for a hearing.
The decision will be made official. The applicant has one month to decide whether to file an appeal.
The Registrar may, following the opportunity for a hearing, revoke an application that was mistakenly authorized.

Step 4: The Journal of Geographic Indications Publication

Three months after it is accepted, each application will be published in the Geographical Indications Journal.

Step 5: Opposition to Register

By submitting a notice of opposition within three months of the GI application being published in the Journal, anyone can oppose to it. This three-month period may be extended upon request, but requests must be made before the deadline expires.
A copy of the notification will be provided to the applicant by the registrar.
The applicant has to turn in a copy of the counter-statement within two months.
He risks having his application rejected if he doesn't take this action. Once the counter-statement has been submitted, a copy will be sent to the party that provided the notice of opposition by the registrar.
After that, an affidavit and any required supporting paperwork will be used by each side to submit its evidence.
Next, a time will be scheduled for the case hearing.

Step 6: Registration

When a GI application is approved, the registrar is in charge of registering the geographic indication. The submission date shall be considered the registration date in the event that the application is registered.
The applicant will receive a certificate from the registrar that has the Geographic Indications Registry seal on it.

Step 7: Renewal

After the initial ten years of validity, a registered GI can be renewed for an additional cost.

Step 8: Make a Higher Authority Appeal

Anyone can submit an appeal to the Intellectual Property Appellate Board (IPAB) three months after receiving an order or decision that they object to.

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Frequently Asked Questions

What is meant by geographic indication? +

A geographical indicator (GI) is a label applied to goods that are origin-specific and have characteristics or a reputation unique to that area.

Who is a registered owner of geographical indications? +

1. A registered proprietor might be any combination of people, businesses, associations, or government entities that were established by or pursuant to legislation. 2. For the desired Geographical Indication, their name has to be shown as the owner who is registered in the Register of Geographical Indications.

For how long is a Geographical Indication registration valid? +

A geographical indicator can be registered for a maximum of ten years.

Is it possible to renew a Geographical Indication? +

It may be periodically extended for a further term of ten years respectively.

How does not renewing a Geographical Indication affect things? +

A registered geographic indicator may be deleted from the register if it is not renewed.

Can a geographical indication which has been registered be assigned, transmitted, etc.? +

No, a geographical indicator is a publicly owned asset that is owned by the companies that make the goods in question. It cannot be the topic of a transmission, assignment, license, pledge, mortgage, or another kind of transaction. Nonetheless, the right of an authorized user passes to his heir apparent upon his death.

Can a registered geographic indication or authorized user be removed from the register? +

Yes. An authorized user or the Registrar of Geographical Indications could remove a geographical indication from the registry. Furthermore, action may be taken upon the application of a party who feels wronged.

Which state's GI tag is the highest? +

In India, more than 600 goods already have registered geographic indications (GIs), most of which are 69 products from Uttar Pradesh. The greatest number of goods with GI tags is seen in Varanasi, Uttar Pradesh.

What is India's number of geographical indications? +

There are 643 geographic indications registered in India as of 2024.

Who is authorized to file a claim for infringement? +

A geographical indicator's registered proprietor or other authorized individuals may file an infringement lawsuit.