Geographical Indication Overview
A Geographical Indication (GI) indicates that particular goods originate from a country, region, or locality, and possess some special characteristics, qualities, or reputation which could be attributable to the place of its manufacture.
The special characteristics, qualities, or reputation attached to products or goods may be due to various factors. For instance, natural factors such as raw materials, soil, regional climate, temperature, etc., or the method of manufacture or preparation of the product (such as traditional production methods). Other human factors include the concentration of similar businesses in the same region, specialization in production, and maintaining strict quality standards.
Indian GI Protection Act
The protection of a valid Geographical Indication and the registration procedures for the same is governed by the **Geographical Indications of Goods (Registration and Protection) Act, 1999**.
Registration grants the authorized user exclusive rights to: (1) use the GI tag in relation to the goods, and (2) obtain legal relief and injunctions against infringement or unauthorized use.
The ultimate purpose of GI protection is to assure the quality and consistency of your products by associating them with a permanent territory for consumers across the world. This boosts the consumer economy and encourages exchange of genuine consumer products with assured standards.
What Can Be Protected Under Geographical Indications?
GIs primarily nurture and respond to the needs of indigenous local communities, artisans, and farmers around the world. Thus, GI is a community-based Intellectual Property. They are mostly availed with respect to goods and products which originate from a definite geographical territory and possess a special quality or reputation associated with that territory.
Famous International & Indian GI Tags
Well-known GIs existing worldwide include: Darjeeling Tea, Basmati Rice, Champagne, Scotch Whiskey, Swiss Watches, Lucknow Chikan Craft (Chikankari), and Bikaneri Bhujia.
Under the Act, the registration of a Geographical Indication provides protection for a period of 10 years. The registration may be renewed from time to time on payment of prescribed fees.
Process for Applying for GI Protection
GI being a community-based Intellectual Property, it grants exclusive rights to a particular community or an association of persons or producers. It can never be owned by a single individual or corporate entity.
For the purpose of registration, any organization, association of producers, or governmental authority representing the interest of the producers of the concerned goods needs to submit an application to the Registrar in a prescribed form.
Essential Application Requirements
The application should meet several criteria under the Act:
- Statement of Case: Detailed historical proof of the characteristics, reputation, and how they bind to the region.
- Class of Goods: Classification under the GI regulations.
- Geographical Boundary Map: Detailed maps or boundaries of the territory where the goods originate.
- GI Tag Mark: Particulars of the mark, label, or appearance which is to be used as a GI tag.
- Particulars of Producers: Statement containing names and details of the active regional producers.
The **Geographical Indication Registry** has been established in **Chennai** to administer the Geographical Indication Act, 1999, under the Controller General of Patents, Designs, and Trademarks of India.
Difference Between GIs and Trademarks
GI protection is as important and functional as a Trademark. However, the function and ownership of GI protection differs from that of a trademark in the first place:
| Feature | Trademark | Geographical Indication (GI) |
|---|---|---|
| Ownership | Owned by a single enterprise, individual, or legal entity. | Collective ownership. Can never be owned by a single enterprise. |
| Usage Right | Exclusive to the trademark owner or its authorized licensees. | Can be used by any producer in the region who conforms to the set standards. |
| Association | Associated with specific company quality, commercial goodwill. | Associated with regional history, environmental factors, or local heritage. |
A Geographical Indication can be used by several enterprises at the same time, provided that the products for which it is used originate in the defined geographical area and maintain the set characteristics.