Geographical Indication

Geographical Indication (GI) Services in India

Understanding Geographical Indications

Geographical Indication (GI) refers to products that derive their qualities, reputation, or characteristics from their place of origin. This could encompass agricultural produce, natural resources, handicrafts, or manufactured goods. Notable examples from India include Darjeeling Tea, Chanderi Saree, Champagne wine, and Kanjeevaram silk.

When India became a member of the TRIPS agreement, it enacted a dedicated legislation in 1999 to protect geographical indications. Articles 22 to 24 of the TRIPS agreement set the minimum standards for protection that WTO members must adhere to.

The Geographical Indications of Goods (Registration and Protection) Act, 1999 serves three primary purposes:

Protection of Producers: Safeguarding the interests of producers of such goods.
Prevention of Unauthorized Use: Excluding unauthorized entities from misusing geographical indications to deceive consumers.
Promotion of Indian Goods: Facilitating the promotion of goods bearing Indian geographical indications in international markets.

Under Indian law, the right holder of a geographical indication can take legal action against unauthorized use by third parties.

Difference between GI and Trademarks

While trademarks are used to distinguish the goods or services of one entity from others, geographical indications signify a specific regional origin of certain products.

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Filing a Geographical Indication Application in India

Application Process:

Submission: Applications for registration of a GI are made in prescribed forms, accompanied by requisite fees.
Contents: Each application includes details such as specification, description of goods, method of production, proof of origin, and the current scenario of the product.
Types of Applications: These range from ordinary applications for Indian GIs to convention applications for GIs from other countries.

Application Requirements

Documentation: Certified copies of maps, details of inspection structures, and applicant information are essential.
Collective Applications: In cases involving numerous producers, a collective reference may be made in the application.
Affidavit: Applicants must demonstrate their representation of the producers' interests.

Convention Applications

Examination Process

Preliminary Examination: Scrutiny by an Examiner/Authorized Officer to ensure compliance with GI Act and Rules.
Communication of Deficiencies: Deficiencies are communicated to the applicant, who has the opportunity to remedy them.
Consultative Group: The Registrar may form a group to assess the application's particulars and recommend amendments.
Examination Report: Based on the Consultative Group's findings, the Registrar issues an Examination Report, detailing objections or proposals
Acceptance: Upon compliance with proposals, the Registrar accepts the application and publishes it in the GI Journal.
The process of filing for geographical indication protection in India involves meticulous documentation, adherence to regulations, and collaboration with authorities to ensure the authenticity and integrity of the product's origin.