Introduction
Since childhood, we have grown up hearing about famous regional products like Banarasi Sarees, Darjeeling Tea, and Allahabad Surkha Guavas. However, many of us remain unaware of why these products are famous, what distinct qualities make them unique, and whether their popularity is limited to India or extends internationally. This article explores the concept of a Geographical Indication (GI), how the law safeguards these unique products, why such protection is essential, and the potential consequences of failing to protect them.
A Geographical Indication identifies goods as originating from a particular territory, region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin. A Geographical Indication (GI) is a form of intellectual property protection given to products that originate from a specific geographical region and possess distinct qualities, reputation, or characteristics attributable to that origin.
In India, the protection of such indications is primarily governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002. India enacted the Geographical Indications of Goods (Registration and Protection) Act in 1999, which officially came into force on September 15, 2003.
GI protection not only prevents the misuse of geographical names, but also protects the interests of genuine producers and preserves the reputation and traditional identity associated with regional products. Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.
Geographical Indications: History
Every region has something special that makes it different from other places. For centuries, people have valued products that are closely connected with the place where they are made. Many products became famous because of their place of origin. Chinese silk and Venetian glass are some well-known examples. These products were not famous merely by chance, it is the quality and reputation the people of those regions developed over many years. The skills, knowledge and traditional methods used to produce these goods were passed from one generation to another.
With time, people started associating a particular product with the place where it was produced. The natural conditions of a region, such as its climate, soil and environment, along with the skills and traditional knowledge of local people, often gave the product its special quality or reputation. This created a strong connection between the product and its geographical origin.
This connection gradually led to the development of the concept of Geographical Indications. In simple terms, a geographical indication tells us that a product comes from a particular place and that its quality, reputation or other special characteristics are connected with that place.
The main purpose of the Indian GI Act is to provide a system for the registration and better protection of geographical indications relating to goods in India. The Act is administered by the Controller General of Patents, Designs and Trade Marks, who also acts as the Registrar of Geographical Indications.
Statutory framework – The Geographical Indication Act 1999
Section 2(1)(e) of the GI 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.”
A Geographical Indication does not always have to be the exact name of a country, region, or locality. The law also recognises certain other names if they are connected with a specific geographical area and are used in relation to particular goods originating from that area.
This provision is important because it ensures that GI protection is not limited only to geographical place-names. It can also extend to names that have acquired a clear connection with a particular geographical area and the goods produced there.
According to Section 8 of The Geographical Indications of Goods (Registration and Protection) Act 1999, the Registrar holds the central authority to classify goods based on international standards and determine their eligible geographical territories for registration. The Registrar may publish an alphabetical index of these product classifications to maintain clear public records. Crucially, if any dispute or confusion arises regarding a product’s category, its geographical boundary, or items omitted from the official index, the decision made by the Registrar remains final and binding.
International Framework: TRIPS Agreement
At the international level, the protection of Geographical Indications is primarily governed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), administered under the World Trade Organization (WTO). The TRIPS Agreement provides a common minimum standard for the protection of GIs among its Member States. Geographical Indications are specifically dealt with under Section 3 of Part II, particularly Articles 22 to 24.
Article 22 (General GI Protection): The GI tag protects the specific geographical origin, quality, and reputation of a product. It imposes legal restrictions on misleading labels and unfair competition that may mislead the public about the geographical origin of the product.
Article 23 (Enhanced Protection for Wines & Spirits): It provides extra strict protection for wines and spirits, using a GI name for a product that does not originate from the indicated place is prohibited, even if the label uses words such as “Type”, “Style”, or “Imitation”.
Article 24 (Exceptions & Grandfather Rights): Certain exceptions are provided, including continuous good faith use before 15 April 1994, generic common names (terms that have become commonly used for a product), prior trademark rights, and GIs that are no longer protected in their country of origin.
Who can apply for GI registration
Under Section 11(1) of the Geographical Indications of Goods (Registration and Protection) Act, 1999, an application may be made by an association of persons or producers, an organisation, or an authority established by or under the law. The requirement to apply is that the applicant must represent the interest of the producers. Additionally, the application should be in writing, in the prescribed form.
The application should be addressed to the Registrar of Geographical Indications along with the prescribed fee.
Who is a Producer under the GI Act?
Section 2(1)(k) of the Act provides the legal definition of “Producer”. According to this provision, for different types of goods, a Producer means:
- Agricultural Goods: A person who produces or grows the agricultural goods. This also includes a person who processes or packages such goods.
- Natural Goods: A person who exploits or extracts the natural goods.
- Handicraft or Industrial Goods: A person who makes or manufactures such goods. This also includes a person who trades or carries on business in the production, exploitation, or manufacture of such goods.
The registration process of Geographical Indications in India
The registration of a Geographical Indication in India is carried out under the Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002.
Checklist to Apply for GI
Before filing, confirm whether the indication comes within the ambit of the definition of a GI under Section 2(1)(e) of the Act. The application itself must be signed by the applicant or an authorised agent and must be accompanied by a statement of case that includes:
- Details of the goods’ special characteristics and how those standards are maintained
- Two certified copies of the map of the region to which the GI relates.
- Details of the inspection structure, if any, to regulate the use of the GI in the territory to which it relates.
What Happens After Applying for GI
Examination: The Examiner will scrutinize the application for any deficiencies.
Objections: If the Registrar has any objection to the application, he will communicate such objection, then the applicant must respond within two months or apply for a hearing.
Withdrawal in error: The Registrar is also empowered to withdraw an application, if it is accepted in error, after giving an opportunity of being heard to the applicant.
Publication in Journal: Once accepted, every application shall be published in the GI Journal within three months of such acceptance.
Registration upon Acceptance: The Registrar shall register the geographical indication and issue to the applicant a certificate with the seal of the Geographical Indications Registry.
Rights conferred by registration
Section 21 of the Geographical Indications Act, 1999, deals with the “Rights Conferred by Registration.”
- The registered proprietor and authorised users have the right to take legal action against anyone who uses the GI tag without permission or commits an infringement.
- An authorised user gets the exclusive right to use the GI for the specific registered product.
- The exclusive right granted under Section 21(1)(b) is not absolute. It is subject to all the conditions and limitations that are entered in the register at the time of registration.
If more than one person has registered as an authorised user of the same or a similar (identical or resembling) GI, none of them can claim an exclusive right against another authorised user merely because of the registration. However, both of them will have the same rights against a third party as would be available to a sole (single) authorised user.
Duration of registration
Section 18 of the Geographical Indications Act, 1999, explains the rules regarding the validity, renewal, and removal of GI registration and authorised user registration. Registration of a GI is valid for a period of 10 years. Whereas the registration of an authorised user will remain valid for 10 years or until the expiry date of the GI registration, whichever is earlier. The registration can also be renewed for another 10 years each time by submitting the prescribed fee and an application for renewal of the GI.
Renewal Procedure
Before the expiry date, the Registrar will send a notice asking for payment of the renewal fee. If the required conditions are not fulfilled and the fee is not paid, the Registrar may remove the GI or authorised user from the register.
Additionally, within 6 months from the date of expiry, if an application is submitted along with the surcharge and prescribed fee, the Registrar will not remove the registration and will renew it for a further period of 10 years.
If the registration has already been removed due to non-payment of the fee, it can still be restored by applying to the Registrar within 6 months to 1 year, along with the prescribed fee and a valid reason for the non-payment.
Infringement of GI
Section 22 of the Geographical Indications Act, 1999, explains when the infringement of a GI tag will be considered to have occurred and what the exceptions are:
- If an unauthorised person uses a GI mark in such a manner that it creates confusion among the general public regarding the place of origin, it will be considered an infringement. It also includes dishonestly using or passing off someone’s GI tag for commercial benefit.
- Creating confusion in a competitor’s business, making false allegations that harm the reputation of a brand, or making false statements about the quality, process, or quantity of a product is considered unfair competition.
- If the name of a place is technically correct but creates a false impression in the mind of the customer about the actual place of origin, it will also constitute infringement.
- The Central Government may, by issuing a notification in the Official Gazette, provide additional protection to goods belonging to a particular class. For these specially protected goods, even if a non-authorised user uses terms such as “kind,” “style,” “imitation,” or their translation on the labels and sells the product, it will still be considered an infringement, for example, “Darjeeling Style Tea.”
Exception: If a person has lawfully purchased an original GI product, then selling it further, processing it, or repacking it will not be considered an infringement.
Condition: However, if the original quality of the product is damaged or altered after purchase, this exception will no longer apply, and legal action may be taken against that person.
Offences and Penalties
The Geographical Indications of Goods (Registration and Protection) Act, 1999, under Chapter VIII (Sections 37 to 54), provides detailed provisions regarding Offences and Penalties.
Main Offences
- Falsifying or Falsely Applying GI (Sections 38 & 39): Changing or falsifying a GI tag without the permission of the authorised user, or applying a GI mark to another product by falsely indicating a geographical origin.
- Selling Goods with False GI (Section 40): Selling, renting out, or possessing for the purpose of trade goods bearing a false or misleading GI tag.
- False Representation (Section 42): Representing an unregistered GI as if it were legally registered.
- Falsification of Register (Section 44): Knowingly making or causing to be made any false or fake entry in the GI Register.
Under Sections 39 and 40, a person who falsely applies a GI or sells products bearing a false GI may face imprisonment of not less than 6 months and up to 3 years, along with a fine ranging from ₹50,000 to ₹2 lakh. - In case of a second or subsequent conviction under Section 41, the person may be punished with imprisonment of not less than 1 year and up to 3 years, along with a fine ranging from ₹1 lakh to ₹2 lakh.
- Under Section 42, representing an unregistered GI as “Registered” may result in imprisonment of up to 3 years, or a fine, or both imprisonment and fine.
- Under Section 44, a person who tampers with the GI Register or makes a false entry may face imprisonment of up to 2 years, or a fine, or both imprisonment and fine.
Important Legal Exceptions & Provisions
- Cognizance and Police Powers (Section 50 of the GI Act): Offences are cognizable. A police officer of the rank of Deputy Superintendent of Police (DSP) or above may, without a warrant, conduct a search, and seizure.
- No Offence in Certain Cases (Section 45 of the GI Act): If a person can prove that the act was done without any intention to commit fraud or deceive, they may be exempted from punishment.
- Offences by Companies (Section 49 of the GI Act): If a company commits an offence, the company as well as the person who was in charge of and responsible for the conduct of the business, including a director where applicable, may be held legally liable.
Conclusion
Overall, the Geographical Indications of Goods (Registration and Protection) Act, 1999 plays an important role in protecting India’s traditional and region-specific products. GI registration not only protects the name of a product but also helps preserve its quality, reputation, and geographical identity. Registered proprietors and authorised users are provided with legal remedies against infringement, which helps prevent unauthorised use and unfair competition.
However, simply obtaining GI registration is not enough. Regular monitoring, effective enforcement, and awareness among producers and consumers are equally important for ensuring proper protection. Effective GI protection can help local producers maintain the genuine identity of their products, improve their market value, and protect them from unfair competition. In this way, GI protection can contribute not only to preserving India’s traditional heritage, but also to supporting local communities and the rural economy.
Also Read: Kolhapuri Chappal GI: Why Design Copying Remains Unprotected
