What is a geographical indication?

A geographical indication (GI) is a label used on products that have a specific geographic origin and exhibit qualities or a reputation that are inherently linked to that origin. To serve as a GI, the label must signify that a product comes from a particular place.

A GI Tag is a type of intellectual property right granted to products originating from a specific geographic area, with qualities that are distinct or renowned due to that location. Examples of GIs include Darjeeling Tea: Tea grown in the Darjeeling district of West Bengal, India, known for its unique flavour and aroma.

Geographical Indication of Goods (Registration and Protection) Act, 1999 (the "Act"):

Meaning of GI under the Indian Law:

Under the Indian law, GIs have been defined as "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 the 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."

To qualify for GI protection, a product must meet three main conditions:

• The product must be clearly identified along with its specific geographic origin.
• It should have a distinct quality, reputation, or other unique features.
• These unique features must be closely linked to its geographic origin.

Who can apply for geographical indication registration:

• Anyone, such as a person, manufacturer, organization, or legally established authority, can apply to register a Geographical Indication (GI) for their product.
• The applicant must represent the interests of the producers.
• The application must be written in the required format, detailing the product.
• The application should be sent to the Registrar of Geographical Indicators with the required fee.

How to Register GIs:
Step 1: Before applying for a GI tag, you need to ensure that your product is covered under Section 2(e) of the Act. Once this is confirmed, you can apply for a GI tag under Section 11 of the Act. You need to fill out the application in triplicate containing the following:

• class of good to which GI is applicable
• three certified copies of the geographical map of the region to which the GI belongs
• description of the GI
• details of the applicants with their addresses

The Application should be sent to the following address in India:
Geographical Indications Registry Intellectual Property Office Building Industrial Estate, G.S.T Road Guindy, Chennai – 600 032, Phone: 044 – 22502091-93 & 98 Fax: 044 – 22502090E-mail:[email protected]
Website: ipindia.gov.in

Step 2: The Registrar will inspect the application to determine if there are any defects, and if so, they must be corrected within one month of notification. The case statement will then be reviewed by an expert and an examination report will be issued.

Step 3: If the registrar objects to the application, it will be notified, and the applicant must respond or request a hearing within two months of receiving the notification. The applicant may appeal the decision within two months if desired.

Step 4: The application must be published in the Journal of Geographical Indications within three months from the date of receipt.

Step 5: Anyone who objects to a GI application may file an objection within three months. A copy of the notice will be sent to the applicant, who must then file an objection within two months. The parties will then present evidence along with supporting documents and set a hearing date. If the applicant does not file an objection, the applicant will be deemed to have abandoned the application.

Step 6: Once the hearing and application acceptance are completed, the GI is registered with the registration agency. The applicant is then issued a certificate of registration with the seal of the GI registry office. The registration date is the date of application submission.

Step 7: GIs are issued for 10 years and can be renewed by paying a renewal fee.

STEP 8: Appeal: Anyone dissatisfied with an order or decision may appeal to the Intellectual Property Appeal Board (IPAB) within three months. The IPAB address is

Intellectual Property Appellate Board, 2nd Floor, Guna Complex, 443, Anna Salai, Chennai 600 018

What Indications are not registrable?
To be eligible for registration, a mark must fall within the scope of Section 2(1)e of the Geographical Indication Act 1999. In this case, the provisions of Section 9, which prohibits registration of geographical indications, must also be complied with.

• is misleading or likely to cause confusion; or
• is contrary to any law for the time being or
• contains or incorporates any matter which is scandalous or obscene; or
• contains or incorporates any matter which is likely to offend the validity of the time, religious sensibilities of any class or group of Indian citizens; or
• which would otherwise be defensible in a court of law; or
• is defined as a common name or designation of a good which is not protected or has ceased to be protected in the country of origin or which is no longer in use in that country; or
• falsely represents to a person that the goods are of origin in another territory, region or state when in fact they are of origin in the literal sense of the word.

Conclusion
geographical indications (GIs) are vital for protecting and promoting products linked to specific regions, ensuring their unique qualities and reputations are preserved. Under the Geographical Indication of Goods (Registration and Protection) Act, 1999, GIs enhance product marketability and safeguard cultural heritage.

The registration process involves filing an application, addressing objections, and potentially facing opposition. Successful registration grants protection for ten years, with renewal options, ensuring continued recognition. The Act also specifies what cannot be registered as a GI, emphasizing authenticity and consumer protection.

GIs foster trust and value among consumers while giving producers a competitive edge. By supporting local economies and preserving traditional knowledge, GIs contribute to sustainable development and cultural preservation worldwide.