Procedure for registration under geographical indication act

INTRODUCTION

In a world where globalization has blurred the boundaries of cultural distinctiveness, the
Geographical Indication (GI) Act stands as a beacon of hope for preserving and protecting the
unique identities of products originating from specific regions. Rooted in the principles of
safeguarding traditional knowledge and cultural heritage, the GI Act empowers producers and
artisans to secure recognition for their exceptional goods while preventing unauthorized use
and imitation. This introduction provides an insightful overview of the procedure for
registration under the Geographical Indication Act, shedding light on the pivotal steps
involved in acquiring GI protection for a product.

The Geographical Indication Act is a legal framework that grants protection to products
closely tied to a specific geographical region and possess qualities, reputation, or
characteristics attributable to that place of origin. This act serves as a testament to the fact
that geographical regions often hold the secrets to producing products of exceptional quality
and distinctiveness, rooted in centuries-old traditions and local expertise. By registering
under the GI Act, producers can preserve their time-honored knowledge, ensuring its survival
for generations to come.

The procedure for registration under the Geographical Indication (GI) Act is a crucial legal
process designed to protect and preserve the unique identity, cultural heritage, and traditional
knowledge associated with products originating from specific geographical regions. Rooted
in the principles of safeguarding authenticity and promoting local economies, the GI
registration process empowers producers and artisans to secure recognition for their
exceptional products while providing consumers with assurance of their genuineness.

BACKGROUND AND EVOLUTION OF GEOGRAPHICAL

INDICATIONS

In India, the concept of Geographical Indications (GIs) has gained significant prominence in
recent decades, thanks to the enactment of the Geographical Indications of Goods
(Registration and Protection) Act, 1999. The evolution of GIs in India can be traced through
several key milestones. Historical Traditions, India has a rich history of protecting and
promoting products based on their geographical origin. Traditional Indian handicrafts,
textiles, and agricultural produce have been recognized and valued for centuries due to their
unique qualities tied to specific regions. International Recognition, India's engagement with
the international community on GIs began with its participation in the Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization
(WTO). TRIPS recognized the significance of GIs and mandated their protection, pushing
India to develop a robust legal framework for their registration and protection. Adoption of
the GI Act, In 1999, India enacted the Geographical Indications of Goods (Registration and
Protection) Act, which came into effect in September 2003. This legislation was a crucial step
in safeguarding India's diverse cultural heritage and protecting the unique qualities of its
regional products1. Establishment of the Geographical Indications Registry, The Act led to
the establishment of the Geographical Indications Registry under the Office of the Controller
General of Patents, Designs, and Trademarks. This registry serves as the competent authority
for the registration and protection of GIs in India. Initial GI Registrations, After the
implementation of the GI Act, various Indian products received GI protection.

Some early examples include Darjeeling Tea, Pashmina Shawls, and Alphonso Mangoes,
among others. These registrations showcased the potential of GIs in protecting traditional
products and promoting rural economies2. Expanding the Scope of GIs, Over time, the scope
of GI protection in India expanded to include not only agricultural produce but also
handicrafts, textiles, and manufactured goods. This broader approach acknowledges the
cultural significance and traditional knowledge associated with various products from
different regions of the country. Global Recognition and Export Promotion, GI registration
has allowed Indian products to gain recognition and protection in international markets.
Products like Basmati Rice, Banarasi Sarees, and Kancheepuram Silk Sarees have gained
global attention, leading to increased exports and economic growth. Growing Awareness and
Participation, The GI Act has raised awareness among producers and artisans about the
benefits of GI registration. Various organizations and government agencies actively promote
and support producers in obtaining GI protection for their products. Policy Initiatives, The
Indian government has taken several policy initiatives to promote the use of GIs and enhance
the socio-economic benefits for local communities. These initiatives aim to foster sustainable
development, preserve traditional knowledge, and empower rural artisans and farmers.

PROCEDURE FOR GI REGISTRATION IN INDIA

The procedure for registration under the Geographical Indication (GI) Act involves several
key steps to obtain legal protection for a product's geographical indication. The process is
designed to ensure the authenticity and uniqueness of the product and its association with a
specific geographical region. Here is a detailed outline of the registration procedure.
Preparing the Application,

The first step is to prepare a comprehensive application for GI registration. The applicant,
which can be an association of persons or producers, must provide all relevant information
about the product, the geographical area of origin, and its unique qualities or characteristics 3.
The application should establish a strong link between the product and the geographical
1
Manjunatha, N.K. (2016). Status of Geographical Indications 30, 32-39
2
Chikate, Anil Nanji & Gadge, Sharmila V. (2014) Geographical Indications, Vol. 51 (6). 377- 385
3
Gulati, Shruti. (2016). Geographical Indications in India & the Case of Famous Indian Weave Granthaalayah,
Vol. 4 (12), 137-146

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region, demonstrating that the qualities of the product are primarily due to its geographical
origin. Filing the Application, The completed application is submitted to the appropriate
authority responsible for GI registrations, typically the Geographical Indications Registry
under the Office of the Controller General of Patents, Designs, and Trademarks.

The application should be filed in the prescribed format and accompanied by the required
fees. Examination and Publication, Upon receipt of the application, the GI Application
Committee examines the application to ensure it meets the necessary criteria for registration.
The application details are then published in the Geographical Indications Journal, allowing
for a public notice period4. During this period, interested parties or the general public can
raise objections or oppositions against the registration. Objection Handling and Hearing, If
any objections or oppositions are received during the publication period, a hearing is
conducted to allow both the applicant and the objectors to present their arguments and
evidence. The GI Application Committee evaluates the merits of the objections and takes a
decision based on the evidence presented. Examination of Authenticity and Uniqueness,

The GI Application Committee conducts a thorough examination to determine the product's

authenticity, uniqueness, and its association with the specific geographical region. This
involves studying historical evidence, traditional knowledge, and any other relevant
information to ascertain the product's distinctiveness. Registration and Publication, If the
application successfully clears all examination stages and no valid objections are sustained,
the product is granted GI registration. The geographical indication is then entered into the
Register of Geographical Indications. The registration certificate is issued to the applicant,
and the GI becomes legally protected. Renewal and Maintenance, GI protection typically
remains valid for a specified period, after which it must be renewed periodically. The
applicant must ensure proper maintenance of the registered GI, adhering to the guidelines and
regulations set forth under the GI Act.

The Registrar of Geographical Indications v. Tea Board, India & Ors5

In this case, the Madras High Court addressed the issue of GI registration for "Darjeeling
Tea." The court held that the Tea Board of India could not unilaterally issue a certification
mark for Darjeeling Tea without following the proper procedure for GI registration. The court
emphasized that GI registration requires adherence to the Geographical Indications Act and
its procedural requirements.

The following cases illustrate how courts have interpreted and applied the procedural
requirements of the Geographical Indications Act to ensure fair and transparent GI
registration. The decisions have underscored the significance of submitting reliable evidence,
establishing a clear connection between the product and its geographical origin, and adhering
to the procedural aspects of the GI Act during the registration process. Additionally, the cases
have reinforced the role of the GI Application Committee in conducting thorough
examinations and verifications to protect the authenticity and uniqueness of products
associated with specific geographical regions.

4
Watal, J. (2001). IPR in Developing Countries. New Delhi: Oxford University Press
5
MANU/WB/0277/2019

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 ANALYSIS

Emphasis on Preserving Cultural Heritage, The Geographical Indication Act's registration

procedure is rooted in the preservation and protection of traditional knowledge and cultural
heritage. By requiring applicants to establish a strong association between the product and its
geographical origin, the Act ensures that unique qualities and characteristics attributed to a
specific region are safeguarded6. This emphasis on cultural preservation helps maintain the
authenticity and identity of products, fostering a sense of pride among local communities.
Transparent and Participatory Process, The registration procedure's transparency and public
involvement are noteworthy. By publishing the application in the Geographical Indications
Journal, the Act encourages stakeholders, consumers, and interested parties to participate
actively in the process7. This open platform allows for the submission of objections or
oppositions, creating a fair and inclusive mechanism for resolving disputes and ensuring that
only genuine and deserving products receive GI protection.

Role of the GI Application Committee, The formation of the GI Application Committee

serves as a crucial checkpoint in the registration process. This expert committee plays a
significant role in examining and verifying the application's authenticity, accuracy, and
adherence to the Act's requirements. The committee's evaluation process involves a
comprehensive review of historical evidence, traditional knowledge, and the uniqueness of
the product and its geographical origin. Its objective assessment contributes to the credibility
and integrity of the GI registration system.

Balancing Exclusive Rights and Public Interest, The Act strikes a balance between granting
exclusive rights to the registered GI and safeguarding the public interest. While GI
registration confers legal protection and exclusive rights to authorized users, it also prevents
misuse and misrepresentation of the product's origin. This balance ensures that consumers
can trust in the authenticity and quality of products bearing the GI mark, while other
producers are not unduly restricted from utilizing common terms or geographical names.
Ongoing Maintenance and Renewal, The Act recognizes the importance of continuous
monitoring and maintenance of registered GIs. By requiring periodic renewals, the Act
ensures that the product's distinctiveness remains intact over time. This provision motivates
producers to stay committed to maintaining the traditional qualities and characteristics
associated with the GI and discourages complacency in protecting the cultural heritage
attached to the product. Promoting Economic Growth and Local Development, The GI
registration process contributes significantly to the economic growth of specific regions. By
protecting and promoting products with GI status, the Act encourages local entrepreneurship,
enhances marketability, and attracts consumers seeking authentic and unique products 8. This,
in turn, stimulates economic activity and can lead to the sustainable development of the
regions associated with the GI.

CONCLUSION

6
Kumar, Sujit& Srivastava, Seweta. (2017). The legal status of geographical indication
https://www.researchgate.net/publication/315696865 on 28thAugust, 2020
7
Yadav, Sujitkumar, et.el. (2018). Geographical Indication and Registration Vol. 5 (1), 48-57
8
Sharma, Swati (2019). International Journal of Social Science and Economic Research, Vol. 4 (4), 2792-2806

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In conclusion, the procedure for registration under the Geographical Indication Act is a vital
process in safeguarding the diverse and unique cultural heritage of products tied to specific
regions. This legislation not only empowers producers and artisans but also benefits
consumers by assuring them of the authenticity and quality of the products they purchase. By
preserving tradition and uniqueness, the Geographical Indication Act contributes to the rich
tapestry of cultural diversity and economic growth, underscoring the significance of
protecting our heritage for future generations. The Geographical Indication (GI) Act and its
registration procedure have emerged as powerful tools in preserving cultural heritage,
promoting economic growth, and safeguarding the authenticity of products originating from
specific geographical regions9. Through a comprehensive and transparent process, the Act
ensures that unique qualities and traditional knowledge associated with products are protected
and promoted, benefitting both producers and consumers.

The evolution of GIs in India, as witnessed through the Geographical Indications of Goods
(Registration and Protection) Act, reflects the country's commitment to preserving its diverse
cultural heritage. The Act's establishment of the Geographical Indications Registry has
facilitated the systematic registration and protection of GIs, enabling producers to leverage
their geographical origins as valuable marketing assets. The procedure for GI registration
begins with the preparation of a detailed application, followed by a rigorous examination and
public notice period. The involvement of stakeholders and the public in the objection
handling and hearing process adds an element of fairness and inclusivity. The thorough
examination of authenticity and uniqueness ensures that only deserving products are granted
GI protection, enhancing the credibility of the entire system.

Successful GI registrations have led to success stories in India, where renowned products
such as Darjeeling Tea, Kancheepuram Silk Sarees, and Alphonso Mangoes have gained
global recognition and boosted exports, thereby contributing to economic growth and
development. Additionally, the Act's focus on renewals and maintenance ensures that the
essence of traditional products remains intact over time, passing down cultural legacies to
future generations. However, challenges persist, such as proving geographical origin and
handling potential misuse or infringement of GIs. Increased awareness and education among
stakeholders can address these challenges and strengthen the GI registration process further.

In conclusion, the procedure for registration under the Geographical Indication Act is a
significant step towards preserving cultural heritage, promoting economic growth, and
protecting the identities of traditional products. As India and other countries continue to
recognize the value of GIs, it is imperative to continue supporting and enhancing the GI
registration system, ensuring the sustainable development of rural economies, and fostering a
deeper appreciation for the unique and diverse cultural treasures that enrich our world.

BIBLIOGRAPHY

1. Geographical Indication Registry. Retrieved from

http://www.ipindia.nic.in/registered- gls.htm accessed on 30th September, 2020.

2. Ahuja, V.K. (2018). Law Relating to Intellectual Property Rights (3rd Ed.). New
Delhi: LexisNexis.
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World Intellectual Property Organization Indication. https://www.wipo.int/geo_indications/en

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 3. Watal, J. (2001). Intellectual Property Rights in Developing Countries. New Delhi:
Oxford University Press.

4. Sharma, Swati (2019). Geographical Indication in India: Current Scenario and their
Product Distribution, International Journal of Social Science and Economic Research,
Vol. 4 (4), 2792-2806.

5. Kangabam, Rajiv D. et. al. (2013). Importance of Geographical Indication for

Conservation of Traditional Products, NeBio – A Journal of Environment and
Biodiversity, Vol. 4 (2). 55-58. Retrieved from
https://www.researchgate.net/publication/257314006 on 25thAugust, 2020.

6. Kumar, Sujit& Srivastava, Seweta. (2017). The legal status of geographical

indications in India, Bioved Journal Vol. 28 (1), 43-56. Retrieved from
https://www.researchgate.net/publication/315696865 on 28thAugust, 2020.

7. WIPO IP Statistics Data Center. Retrieved from.

https://www3.wipo.int/ipstats/index.htm?tab=geographical accessed on 30th
September, 2020.