Geographical Indications (GIs)

Meaning and Concept

Section 2(e):

“geographical indication", in relation to goods, means an indication which identifies such goods
as agricultural goods, natural goods or manufactured goods or originating, or manufactured in
the territory of a country, or a region or locality in that territory, where a given quality, reputation
or other characteristic of such goods is essentially attributable to its geographical origin and in
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.

Section 2(f):

“goods" means any agricultural, natural or manufactured goods or any goods of handicraft or of
industry and includes foodstuff;

“indication" includes any name, geographical or figurative representation or any combination of

them conveying or suggesting the geographical origin of goods to which it applies.

Section 2(b):

“authorised user” means the authorised user of a geographical indication registered under section
17.

Section 2(n):

“registered proprietor", in relation to a geographical indication, means any association of persons

or of producers or any organisation for the time being entered in the register as proprietor of the
geographical indication.
Prohibited Geographical Indications - section 9

A geographical indication -

(a) the use of which would be likely to device or cause confusion; or

(b) the use of which would be contrary to any law for the time being in force; or
(c) which comprises or contains scandalous or obscene matter; or
(d) which comprises or contains any matter likely to hurt the religious susceptibilities of any
class or section of the citizens of India; or
(e) which would otherwise be disentitled to protection in a court; or
(f) which are determined to be generic names or indications of goods and are, therefore, not or
ceased to be protected in their country of origin, or which have fallen into disuse in that country;
or
(g) which, although literally true as to the territory, region or locality in which the goods
originate, falsely represent to the persons that the goods originate in another territory, region or
locality.

Application for Registration - Section 11

Who may apply?

According to section 11 of the Act, an application for registration of a Geographical indication

may be made by any association of persons or producers or any orgarisation or authority
established by or under any law for the time being in force; who must be representing the interest
of the producers of the concerned goods; and desirous of registering a geographical indication in
relation to such goods.

What should the application contain?

According to section 11, an application for registration of geographical indication shall contain -

(a) a statement as to how the geographical indication serves to designate the goods as originating
from the concerned territory of the country or region or locality in the country, as the case may
be, in respect of specific quality, reputation or other characteristics which are due exclusively or
essentially to the geographical environment, with its inherent natural and human factors, and the
production, processing or preparation of which takes place in such territory, region or locality, as
the case may be,
(b) the class of goods to which the geographical indication shall apply;
(c) the geographical map of the territory of the country or region or locality in the country in
which the goods originate or are being manufactured;
(d) the particulars regarding the appearance of the geographical indication as to whether it is
comprised of the words or figurative elements or both;
(e) a statement containing such particulars of the producers of the concerned goods, if any,
proposed to be initially registered with the Registrar of the geographical indication as may be
prescribed; and
(f) such other particulars as may be prescribed.

Section 11(3)
A single application may be made for registration of a geographical indication for different
classes of goods and fee payable therefor shall be in respect of each such class of goods.

Section 11(4)
Every application under sub-section (1) shall be filed in the office of the Geographical
Indications Registry within whose territorial limits, the territory of the country or the region or
locality in the country to which the geographical indication relates is situated:

Provided that where such territory, region or locality, as the case may be, is not situated in India,
the application shall be filed in the office of the Geographical Indications Registry within whose
territorial limit the place mentioned in the address for services in India as disclosed in the
application, is situated.

Section 16 - Registration

(1) Subject to the provisions of section 12, when an application for registration of a geographical
indication has been accepted and applicat either-

(a) the application has not been opposed and the time for notice of opposition has expired; or
(b) the application has been opposed and the opposition has been decided in favour of the
applicant,
the Registrar shall, unless the Central Government otherwise directs, register the said
geographical indication and the authorised users, if any, mentioned in the application and the
geographical indication and the authorised users when registered shall be registered as of the date
of the making of the said application and that date shall, subject to the provisions of section 84,
be deemed to be the date of registration.
(2) On the registration of a geographical indication, the Registrar shall issue each to the applicant
and the authorised users, if registered with the geographical indication, a certificate in such form
as may be prescribed of the registration thereof, sealed with the seal of the Geographical
Indications Registry.

(3) Where registration of a geographical indication is not completed within twelve months from
the date of the application by reason of default on the Registrar may, after giving notice to the
applicant the part of the applicant, in the prescribed manner, treat the application as abandoned
unless it is completed within the time specified in that behalf in the notice.

(4) The Registrar may amend the register or a certificate of registration for the purpose of
correcting a clerical error or an obvious mistake.

Section 17 - Application for Registration as Authorised User

(1) Any person claiming to be the producer of goods in respect of which a geographical
indication has been registered under section 16 may apply in writing to the Registrar in the
prescribed manner for registering him as an authorised user of such geographical indication.

(2) The application under sub-section (1) shall be accompanied by a statement and such
documents of facts as may be prescribed and required by the Registrar to determine as to whether
such person is the producer of the goods referred to in that sub-section and such fee as may be
prescribed.

(3) The provisions of this Chapter relating to-

(a) the filing and examination of the application;

(b) the refusal and acceptance of registration;
(c) withdrawal of acceptance of application;
(d) advertisement of application;
(e) opposition to registration;
(f) correction or error in an amendment of the application; and
(g) registration,

shall apply in respect of the application and registration of authorised users referred to in
sub-section (1) in the same manner as they apply for the application for registration and
registration of the geographical indication.
This section provides that any person claiming to be the producers of the goods in respect of
which a geographical indication has been registered under section 16, may apply to the Registrar
for registering him as an authorised user of such geographical indication. The procedure relating
to registering an authorised user of a registered geographical indication would be similar to the
procedure for the registration of a geographical indication. The manner of making the
application, statement and documents which shall accompany the application and the fee payable
shall be prescribed by rules.

Section 24 - Prohibition of assignment or transmission, etc

Notwithstanding anything contained in any law for the time being in force, any right to a
registered geographical indication shall not be the subject matter of assignment, transmission,
licensing, pledge, mortgage or any such other agreement:

Provided that on the death of an authorised user his right in a registered geographical indication
shall devolve on his successor in title under the law for the time being in force.

As a geographical indication is a public property, once registered, this section prohibits any
assignment licensing, mortgaging, etc., of such geographical indication. However, on the death
of an authorised user his successor in title can be brought on record.

Benefits of GI Tag to local communities and population

A producer of a good which has been accorded the status of a geographical indication has
various commercial advantages. The producer becomes the sole seller of the commodity, and in
the case of having a single “principal place of business” can even be said to have a monopoly.

According to Rule 3 of the Geographical Indications of Goods (Registration and Protection)

Rules, 2002, a “principal place of business” is basically the place from where the business
regarding the GI registered good takes place. If multiple places are occupied for the purpose of
business, they are included. The term also applies for those goods which have not been accorded
the status as per the Act.

GI registration provides the registered producer and the authorized user the exclusive right to
protect the registered GI on the specified goods. GI registration is a producer friendly legislation,
aimed at protecting the industry for unique goods, whose uniqueness exists due to their
geographical location. GI, as a type of Intellectual Property (IP), has a lot of commercial value.

Most of the applicants of GI are from rural backgrounds. The tea growers of Darjeeling, whose
interests are represented by the Tea Board in legislative matters, have seen financial advantages
after Darjeeling Tea was accorded the GI status. Darjeeling tea was the first product to be
accorded the status in India.

The commercial and social advantages are interrelated in this case. The makers of the Darjeeling
tea can charge a higher price for their product as they do not have to face outside competition.
Without being accorded the status of a geographical indication, the tea growers would have to
face competitions from outside, including big companies with a lot of capital on their hands.

Most goods which apply for GI registration originate from rural areas. GI registration can also be
seen as a commercial medium for rural empowerment and employment generation.
Commercialization of a unique product leads to the product turning generic and the market prices
falling down, along with the quality in most cases. This is avoided by according the GI status.

Geographical indications (GIs) in India are beneficial to local communities in the following
ways:

● Economic Benefits: GIs provide a competitive advantage by distinguishing local products

in the market, often allowing producers to command premium prices. This increased
revenue directly benefits local farmers, artisans, and producers, boosting their incomes
and contributing to the overall economic development of the community.

● Preservation of Traditional Knowledge and Practices: By recognizing and protecting GIs,

traditional methods of production that have been passed down through generations are
preserved. This helps maintain the cultural heritage and unique identity of the region,
ensuring that traditional knowledge is not lost.

● Employment Generation: The demand for GI-tagged products often leads to an increase
in production, creating more job opportunities within the community. This can lead to the
development of allied industries and services, further stimulating local economies.

● Market Access and Export Potential: GIs can open up new markets for local products,
both domestically and internationally. The certification of quality and authenticity
associated with GIs can enhance the marketability of products, facilitating exports and
expanding the reach of local producers.
 ● Quality Assurance and Consumer Trust: GI tags assure consumers of the quality and
authenticity of the products. This trust can lead to increased consumer loyalty and a
stable market for local producers.

● Promotion of Tourism: Regions with GI products often become attractive tourist

destinations. The unique products and the traditional practices associated with them can
draw tourists, which further supports local economies through spending on hospitality,
travel, and related services.

● Sustainable Development: GIs can encourage sustainable production practices by

promoting the use of indigenous resources and eco-friendly methods. This focus on
sustainability ensures the long-term viability of local economies and the preservation of
the environment.

● Community Empowerment and Social Benefits: The recognition and protection of GIs
can empower local communities by fostering a sense of pride and ownership over their
products. This empowerment can lead to greater community cohesion and collective
action towards common goals.

In summary, geographical indications in India play a crucial role in fostering economic

development, preserving cultural heritage, generating employment, and promoting sustainable
practices, thereby providing substantial benefits to local communities.

ALSO REFER TO THE FOLLOWING PROVISIONS

SECTIONS 6, 7, 8, 9, 12, 16, 18, 20, 21, 22.