What is Geographical Indication?
An indicator that designates items as manufactured, agricultural, or natural products that come from or are produced inside the borders of a nation, region, or place within that area is known as a Geographical indicator under Indian law. The distinctive attribute, standing, or other features of these products are primarily connected to their place of origin.
Geographical Indications of Goods Act, 1999
India has enacted the Geographical Indications of Goods Act, 1999 to ensure the protection of geographical indications. This legislation provides a structured process for the registration of geographical indications, safeguards the rights of producers of specific goods, prevents unauthorized individuals from misusing geographical indications, and safeguards consumers from being deceived.
What is Geographical Indication Registration?
The opportunity to apply for geographical indication registration is limited to associations of persons, producers, organizations, or authorities that have been established to safeguard the interests of producers of the relevant goods. The applicant must be a legal entity and must genuinely represent the interests of the producers of the goods for which registration is sought. Therefore, individuals representing associations of persons or producers are not permitted to apply for geographical indication registration.
Importance of Applying for Geographical Indication
Under the Geographical Indications of Goods Act, 1999, registered geographical indications are shielded. Violating these indications is a punishable offense that can lead to imprisonment, a fine, or both. Several offenses are regulated by the Act.
· Deceiving with a Geographical Indication.
· Misrepresenting a business location as being connected to the Geographical Indication.
· Improperly applying a Geographical Indication.
Geographical Identification Tag
Geographical Indication (GI) tags in India are a means of intellectual property rights that indicate products as originating from a specific geographical area, where the qualities, reputation, or characteristics the product are fundamentally connected to their country of origin. These tags are utilized to safeguard and endorse traditional products and handicrafts from particular regions, assuring consumers of the authenticity and excellence of these products.
The Value of Geographical Identification Tags
There are several compelling reasons why having Geographical Identification Tags is crucial: –
- The presence of a Geographical Indication (GI) tag holds significant value for producers of a particular product, as it allows them to establish a unique identity for their products amidst competition in the market.
- By utilizing this label, the creators of a specific product can cultivate an impressive reputation and positive brand image for their items, which can often command higher prices.
- Enhancements in exports, tourism, cultural heritage, and national identity can be achieved through the integration of geo-tagged products.
- Geographical Identification Tags play a crucial role in improving trade activity in diverse nations.
- Geographical Indication Tags are legally protected to ensure the sustainability and improvement of livelihoods, as well as to foster the generation of employment opportunities within the nation.
- The preservation of several traditional skills is possible because of the premium prices attached to geo-tagged products.
- The rural economy presents several advantages, one of which is the increased income generation for both farmers and non-farmers.
- With the aid of a Geographical Identification Tag, authentic producers can effectively thrive in their respective markets, while simultaneously erecting legal barriers to prevent the proliferation of fake or counterfeit products.
Procedure for issuing GI Tags
Below is a comprehensive outline of the registration process required to obtain a Geographical Identification Tag for a specific product.
- Step 1. Applying for the GI tag for the desired product by filing the application
An association, organization, or authority responsible for a product should prioritize the interests of its producers. This commitment to representation should be substantiated by a filed affidavit, affirming their interests in the goods. Additionally, specific conditions must be fulfilled.
- Three copies of the application are required for office use.
- A signed application by the applicant or their authorized representative, along with a statement detailing the case, is required.
- Ensuring the maintenance of the product’s unique characteristics and quality standards is imperative.
- The map showing the specific region in relation to the GI Tag has been certified and approved in three copies.
- The applicant’s information, including their address, needs to be provided.
- To ensure the proper use of the GI Tag in a specific region, any information regarding the inspection structure should be submitted.
- Step 2. Primary evaluation and scrutiny.
- The GI Tag Inspector will thoroughly inspect and evaluate the application for any errors or deficiencies.
- Within one month of receiving the notification, the applicant needs to make the required changes to fix any errors or deficiencies.
- The particular case will be evaluated by a consultative group of experts who have extensive knowledge and expertise in the subject matter.
- Skilled professionals will verify the accuracy of the information that was provided.
- Finally, an Examination Report will be issued, detailing the case.
- Step 3. Notice of explanation required.
- If any objections arise regarding the application, the Registrar will inform the applicant accordingly.
- Within two months, the applicant must either respond or request an objection hearing.
- Notification regarding the GI application will be duly provided. If the applicant wishes to appeal, they are permitted to do so within a month of the request being made.
- In case of an erroneous acceptance of a GI application, the Registrar is entitled to withdraw it. However, the applicant will be afforded the opportunity to present their case and have a fair hearing.
- Step 4. Publication in the Journal of Geographic Identification
The Geographical Identifications Journal will release all accepted applications within three months.
- Step 5. Resistance against Registration.
- The Geographical Identifications Journal allows any individual to file a notice of opposition to the application within three months of its issuance. In case an extension is required, a request must be submitted in advance of the three-month deadline, allowing for a possible one-month extension.
- The Registrar will deliver a copy of the objection notice to the applicant.
- Within two months of receiving the notification, the applicant must reply to it and send a copy of a counter statement if they wish to oppose the objection. If they don’t, their application will be considered abandoned. However, if a counter-statement is filed, it will be served to the opposing applicant.
- Once that step is completed, both sides will have to present their evidence to the Registrar by submitting an affidavit and all the necessary supporting documents.
- The case Hearing will be scheduled for a specific date.
- Step 6. Product Sign-Up
- The product will receive the appropriate geographical identification once the Registrar gives the green light to the application. The registration date will match the application date.
- An official certificate, bearing the seal of the Geographical Identifications Registry, will be issued by the Registrar.
- Step 7. Regeneration
The validity of a registered Geographical Identification for a product lasts for 10 years, and it can be renewed by paying a renewal fee.
Expert guidance
Dedicated team
Client satisfaction
Ongoing support
Transparent processes
FAQ’s on GI’s
A GI is a sign indicating a product’s specific geographical origin and unique qualities.
Agricultural, food, drink, handicrafts, and industrial items with unique geographical ties.
To prevent misuse, safeguard quality, and promote distinctiveness.
Higher market value, rural development, cultural preservation, and legal protection.
Producers, associations, local authorities, or government bodies.
Initially 10 years, it can be renewed from time to time for further period of 10 years each.
If a registered geographical indication is not renewed it is liable to be removed from the register.
Exclusive use and prevention of unauthorized use.
Look for the GI logo or indication on packaging or labels.
Kolhapuri chappal and Bikaneri Bhujia are the fine examples of Indian geographical indication.
No, 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 authorised user dies, his right devolves on his successor in title.
Geographical Indications (GIs) identify the origin and unique qualities of products, protecting their reputation and quality from specific regions. Trademarks, on the other hand, safeguard brand identity and consumer recognition by distinguishing the source of goods or services.