TABLE OF CONTENTS

 INTRODUCTION
 MEANING OF THE TERM ‘GEOGRAPHICAL INDICATION’
 HISTORICAL PERSPECTIVE
 INTERNATIONAL PROTECTION FOR GI UNDER TRIPS
 INDIAN LAW FOR GI
 FUNCTIONS AND OBJECTS OF GI
 REGISTRATION OF GI IN INDIA
 WHAT CAN BE TAGGED?
 STATUS OF GI REGISTRATIONS IN INDIA
 WHAT IS A ‘GENERIC’ GEOGRAPHICAL INDICATION?
 SUBJECT MATTERS WHICH CAN BE REGISTERED UNDER
GEOGRAPHICAL INDICATIONS IN IPR
 RIGHTS GRANTED UNDER GEOGRAPHICAL INDICATIONS IN IPR
 RIGHTS OF ACTION AGAINST PASSING-OFF
 ADVANTAGES OF TAGGING GOODS WITH GI
 POPULAR EXAMPLES
 CONCLUSION

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 GEOGRAPHICAL INDICATION

INTRODUCTION

Protection of Geographical Indication (GI) has, over the years, emerged as one of the
most contentious IPR (Intellectual Property Rights) issues in the realm of the WTO’s
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). TRIPS defines
GI as any indication that identifies a product as originating from a particular place, where a
given quality 1, reputation or other characteristics of the product are essentially attributable to
its geographical origin. Also, a geographical indication (GI) gives exclusive right to a region
(town, province or country) to use a name for a product with certain characteristics that
corresponds to their specific location.

MEANING OF THE TERM ‘GEOGRAPHICAL INDICATION’

World Intellectual Property Organization (WIPO) states that, “A geographical

indication (GI) is a sign used on products that have a specific geographical origin and possess
qualities or a reputation that are due to that origin. In order to function as a GI, a sign must
identify a product as originating in a given place 2. In addition, the qualities, characteristics or
reputation of the product should be essentially due to the place of origin. Since the qualities
depend on the geographical place of production, there is a clear link between the product and
its original place of production”. Geographical indication indicates the origin of particular
goods; its points out their territorial origin or locality. Some goods have special
characteristics and qualities on the basis of which they build their reputation. The place of
origin affects gets attached to their reputation so much so that reference to goods becomes
synonymous to where it was originally produced.

HISTORICAL PERSPECTIVE

France became the first country to actually afford a geographical indication through
legal instrument. For example- France has a famous district of Champagne and we all know
how inherently the reputation of Champagne (alcoholic beverage) is attached to its place of
origin. The French Wine trade faced a crisis in the early 20th Century and thus the need for
1
http://www.wipo.org/athome/en/index.html>
2
All India Artisans and Craft workers Association (AIACA). 2011. Geographical indications of India: socio-
economic and development issues, Policy Brief, New Delhi: AIACA Commission on Intellectual Property
Rights

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Geographical indication (hereinafter GI) arose. This concept was realized in 1919.
Internationally the Lisbon Agreement for the Protection of the Appellations of Origin and
their International Registration 3, 1958 was adopted to introduce the concept of GI. The
TRIPS agreement also gave a fair definition of GI.

INTERNATIONAL PROTECTION FOR GI UNDER TRIPS

At the international level, TRIPS sets out minimum standards of protection that WTO
members are bound to comply with in their respective national legislations. However, as far
as the scope of protection of GI under TRIPS is concerned, there is a problem of hierarchy.
This is because, although TRIPS contains a single, identical definition for all GI, irrespective
of product categories, it mandates a two-level system of protection:

(i) the basic protection applicable to all GI in general (under Article 22), and
(ii) additional protection applicable only to the GI denominating wines and spirits
(under Article 23).

This kind of protection is challenging, if Article 22 fails to provide sufficient intellectual

property protection for the benefit of the genuine right-holders of a GI. A producer not
belonging to the geographical region indicated by a GI may use the indication as long as the
product’s true origin is indicated on the label, thereby free-riding on its reputation and
goodwill.

The Uruguay Round of the GATT negotiations began in 1986, precisely when India’s
development policy making process was at a watershed. By the time India launched its
massive economic reforms package in 1991, marking a paradigm shift in its policy, the
Uruguay Round negotiations were well under way, paving the path towards Marrakesh in
1994 and the establishment of the WTO. India remained a cautious and somewhat passive
player during the initial years of the Uruguay Round negotiations, given its long legacy of
inward-looking development strategy and protectionist trade policy regime.

However, at Doha India wanted to extend protection under ‘geographical indication’ (GI)
beyond wine and spirit, to other products. A number of countries wanted to negotiate
extending this higher level of protection to other products as they see a higher level of
protection as a way to improve marketing their products by differentiating them more
effectively from their competitors and they object to other countries “usurping” their terms.

3
http://hdru.aprc.undp. org/ext./regional_workshop_2008/pdf/Das_ s3.pdf

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Some others opposed the move, and the debate has included the question of whether the Doha
Declaration provides a mandate for negotiations.

Those opposing extension argue that the existing (Article 22) level of protection is adequate.
They caution that providing enhanced protection would be a burden and would disrupt
existing legitimate marketing practices. India, along with a host of other likeminded countries
pressed an ‘extension’ of the ambit of Article 23 to cover all categories of goods. However,
countries such as the United States, Australia, New Zealand, Canada, Argentina, Chile,
Guatemala and Uruguay are strongly opposed to any ‘extension’. The ‘extension’ issue
formed an integral part of the Doha Work Programme (2001). However, as a result of the
wide divergence of views among WTO members, not much progress has been achieved in the
negotiations and the same remains as an ‘outstanding implementation issue’.

INDIAN LAW FOR GI

India has put in place a sui generis system of protection for GI with enactment of a
law exclusively dealing with protection of GIs. The legislations which deal with protection of
GI’s in India are ‘The Geographical Indications of Goods (Registration & Protection) Act,
1999’ (GI Act), and the ‘Geographical Indications of Goods (Registration and Protection)
Rules, 2002 (GI Rules) 4.

India enacted its GI legislations for the country to put in place national intellectual property
laws in compliance with India’s obligations under TRIPS. Under the purview of the GI Act,
which came into force, along with the GI Rules, with effect from 15 September 2003, the
central government has established the Geographical Indications Registry with all-India
jurisdiction, at Chennai, where right-holders can register their GI.

Unlike TRIPS, in the GI Act does not restrict itself to wines and spirits. Rather, it has been
left to the discretion of the central government to decide which products should be accorded
higher levels of protection. This approach has deliberately been taken by the drafters of the
Indian Act with the aim of providing stringent protection as guaranteed under the TRIPS
Agreement to GI of Indian origin. However, other WTO members are not obligated to ensure
Article 23-type protection to all Indian GI, thereby leaving room for their misappropriation in
the international arena.

4
Loureiro, ML and McCluskey JJ, 'Assessing Consumer Response to Protected Geographical Identification
Labelling', Agribusiness 16 (3):309-20, 2000.

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The definition of GI included in Section 1 (3) (e) of the Indian GI Act clarifies that for the
purposes of this clause, any name which is not the name of a country, region or locality of
that country “shall” also be considered as a GI if it relates to a specific geographical area and
is used upon or in relation to particular goods originating from that country, region or locality,
as the case may be. This provision enables the providing protection to symbols other than
geographical names, such as ‘Basmati’.

FUNCTIONS AND OBJECTS OF GI

Geographical Indication performs three functions. They are,

 First, they identify the goods as to the origin of a particular region or locality;
 Secondly, they suggest to consumers that goods come from a region where a
attributed to their geographic origin;
 Third, they promote the goods of producers of a particular region. They suggest the
consumer that the goods come from this area where a given quality, reputation or
other characteristics of goods are essentially attributable to the geographic region.

The object of the Geographical Indicators Goods (Registration and Protection) Act, 1999, has
three folds:

 By specific laws governing the geographical Indication of goods in the country, which
can adequately protect the interests of the producers of such goods
 To exclude unauthorized persons from misuse of geographical signals and protect
consumers from fraud and
 Promoting Indian geographical bearing goods in the export market.

A registered geographic sign prohibits in any way the use of a geographical insignia which
indicates in the designation or representation of goods that such goods originate in a
geographic area. For example, Basmati rice and Darjeeling tea are examples of G.I. from
India. The connection between the goods and place becomes so much recognized that any
reference to the place reminds those specific goods being produced there and vice-versa.

Some of the Examples of Indian geographical indications which are registered in India are
Basmati rice, Darjeeling tea, Banaras Brocades and Sarees, Coorg orange, Phulkari,
Kolhapuri chappals, Kanjivaram sarees, Agra Petha.

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REGISTRATION OF GI IN INDIA

Section 11(2) of the GI Act specifies the documentation requirements for applying for a GI in
India. Section 32(1) of the GI Rules replicates these provisions and in addition stipulates a
few more documentation requirements that include the following:

 A statement as to how the GI serves to designate the goods as originating from the
concerned geographical territory in respect of specific quality, reputation or other
characteristics that 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 geographical location.
 The geographical map of the territory concerned
 The particulars regarding the appearance of the GI as to whether it is comprised of the
words or figurative elements or both
 An affidavit as to how the applicant claims to represent the interest of the association of
persons or producers or any organization or authority established by or under any law
 The standards benchmark for the use of the GI or the industry standard as regards the
production, exploitation, making or manufacture of the goods having specific
 quality, reputation, or other characteristic of such goods that is essentially attributable to
its geographical origin with the detailed description of the human creativity involved, if
any, or other characteristic from the definite geographical territory;
 The particulars of the mechanism to ensure that the standards, quality, integrity and
consistency or other special characteristic in respect of the goods to which the GI relates,
which are maintained by the producers, makers or manufacturers of the goods, as the case
may be;
 The particulars of special human skill involved or the uniqueness of the geographical
environment or other inherent characteristics associated with the GI to which the
application relates;
 The particulars of the inspection structure, if any, to regulate the use of the GI in respect
of the goods for which application is made in the definite territory, region or locality
mentioned in the application.

Upon receipt of an application, it is scrutinized by the examiners and in case any deficiencies
are found, a notice is sent to the applicant to rectify them. After rectification, the applicant is
required to send her reply within one month from the date of receipt of the notice. The next

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stage is the constitution of a Consultative Group of technical experts, chaired by the
Registrar, to ascertain the correctness or otherwise of the particulars furnished in the
application. Subsequent to examination, the Registrar may refuse the application altogether or
may accept it either absolutely or subject to certain conditions, modifications, etc.
Accordingly, on the basis of the comments provided by the Consultative Group, an
Examination Report is issued by the Registrar. Compliance, if any, is to be done within two
months from the date of communication of the Examination Report to the applicant. Once the
objections raised in the Examination Report are satisfactorily responded to by the applicant,
and the application is accordingly accepted by the GI Registry, it is advertised in the GI
Journal, which is a bi‐monthly, bi‐lingual (English and Hindi) statutory publication.

Upon advertisement, any person may, within a specified time period (generally 3 months, but
if needed 4 months), oppose the application in writing. If the application passes through the
specified time period unopposed, or in the event of an opposition, if it is decided in favour of
the applicant, the Registrar is required to register the concerned GI as well as the authorized
users and include the particulars in the GI Register. Upon registration of a GI, the Registrar is
required to issue each to the applicant and the authorized users a certificate sealed with the
seal of the GI Registry. Notably, the date of filing of the application is deemed to be the date
of registration.

WHAT CAN BE GI TAGGED?

Section 2 (1) (e) of Indian Geographical Indication of Goods (Registration and

Protection) Act, 1999 specifically states that GI means 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 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.

STATUS OF GI REGISTRATIONS IN INDIA

Around 65 GI’s of Indian origin have already been registered with the GI Registry.
These include GI like Darjeeling (tea), Pochampalli, Ikat (textiles), Chanderi (sarees),
Kancheepuram silk (textiles), Kashmir Pashmina (shawls), Kondapalli (toys), and Mysore
(agarbattis).

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GI’s registered during 2007-08 include ‘Muga Silk’ from Assam, ‘Madhubani paintings’ from
Bihar, ‘Malabar pepper’ and ‘Alleppey Green Cardamom’ from Kerala, ‘Cora Cotton’ from
Tamil Nadu, ‘Allahabad Surkha’ from Uttar Pradesh, ‘Nakshi Kantha’ from West Bengal,
‘Monsooned Malabar Coffees’ from Karnataka and Kerala. There is many more Indian GI in
the pipeline for registration under the GI Act.

WHAT IS A ‘GENERIC’ GEOGRAPHICAL INDICATION?

In the context of geographical indications, generic terms are names which, although
they denote the place from where a product originates, have become the term customary for
such a product. An example of a GI that has become a generic term is Camembert for cheese.
This name can now be used to designate any camembert-type cheese. The transformation of a
geographical indication into a generic term may occur in different countries and at different
times. This may lead to situations where a specific indication is considered to constitute a
geographical indication in some countries, whereas the same indication may be regarded as a
generic term in other countries.

SUBJECT MATTERS WHICH CAN BE REGISTERED UNDER GEOGRAPHICAL

INDICATIONS IN IPR

For getting registration, the indications should fall within the purview of Section 2(1) of
Geographical Indication Act, 1999. When this happens, it must also meet the provisions of
Section 9, which prohibits the registration of a geographical indication.

1. Agricultural Products: GIs can be registered for various agricultural products, such as
fruits, vegetables, grains, spices, coffee, tea, and rice, which are closely tied to specific
regions and their natural characteristics.

2. Food Products: Many traditional food items and delicacies, including cheeses, meats,
sausages, bread, pastries, and confectionery, are eligible for GI protection due to their
unique recipes and production methods originating from particular regions.

3. Beverages: GIs can cover alcoholic beverages like wines, champagne, whisky, brandy,
and spirits, as well as non-alcoholic beverages like mineral water and fruit juices that are
renowned for their regional origin and production processes.

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4. Handicrafts and Artisanal Products: Handicrafts, arts, and artisanal products that reflect
the cultural heritage and traditional craftsmanship of a specific area can be registered as
GIs. Examples include ceramics, textiles, pottery, carpets, and traditional ornaments.

5. Natural Products: Natural products extracted from specific geographical locations, such
as minerals, stones, essential oils, and medicinal herbs, can be eligible for GI protection if
their unique properties are attributed to their origin.

6. Industrial Products: Some industrial products with characteristics or qualities derived

from a particular region can also be registered as GIs. This may include machinery, tools,
and other manufactured goods.

7. Traditional Cultural Products: Certain products deeply linked to a region’s cultural

identity and traditional knowledge, such as musical instruments, folklore items, and
traditional medicines, may also qualify for GI protection.

8. Textiles and Clothing: Textiles and garments that are made using traditional techniques
and materials specific to a geographical area can be considered for GI registration.

RIGHTS GRANTED UNDER GEOGRAPHICAL INDICATIONS IN IPR

 Exclusive Use: The registered GI holder has the exclusive right to use the geographical
indication for the goods that fall within the scope of the registered GI. This means that no
other producer or entity can use the GI to market or sell similar products unless they are
authorized users.

 Protection against Misuse: GI protection ensures that the registered GI cannot be used by
unauthorized parties to mislead consumers about the true origin, qualities, or
characteristics of the products. This prevents the misuse of the geographical name for
products not originating from the defined geographical area.

 Prevention of Imitations: Unauthorized use of a registered GI to imitate or create

confusion with the genuine product is prohibited. This prevents unfair competition and
protects the reputation and distinctiveness of the genuine product.

 Quality Assurance: GI protection is often linked to specific quality standards and

production methods associated with the geographical area. The registered GI holder is
responsible for maintaining these quality standards, which helps assure consumers of the
authenticity and quality of the product.

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 Right to License: The registered GI holder has the right to authorize other producers
(authorized users) to use the GI on their products, provided that they comply with the
defined quality standards and production methods associated with the GI.

 Control over Imports: GI protection allows the registered GI holder to control the use of
the GI on products imported from other countries. This control ensures that only genuine
products from the defined geographical area are allowed in the market.

 Legal Remedies: The registered GI holder has the right to seek legal remedies against any
unauthorized use or infringement of the GI. Legal action can be taken against entities that
violate the rights of the GI holder, including seeking damages or injunctions to stop the
unauthorized use.

 Recognition in International Trade: GIs that are registered and protected in one country
may be recognized and protected in other countries through international agreements or
treaties. This recognition facilitates the export of products bearing the GI to international
markets.

RIGHTS OF ACTION AGAINST PASSING-OFF

The GI Act in India specifies that nothing in this Act “shall” be deemed to affect rights of
action against any person for passing off goods as the goods of another person or the
remedies in respect thereof. In its simplest form, the principle of passing-off states that no
one is entitled to pass-off his/her goods as those of another. The principal purpose of an
action against passing off is therefore, to protect the name, reputation and goodwill of traders
or producers against any unfair attempt to free ride on them.

Though, India, like many other common law countries, does not have a statute specifically
dealing with unfair competition, most of such acts of unfair competition can be prevented by
way of action against passing-off. Notably, Article 24.3 of TRIPS clearly states that in
implementing the TRIPS provisions on GIs, a member is not required to diminish the
protection of GIs that existed in that Member immediately prior to the date of entry. This
flexibility has been utilised by India in the GI Act (Section 20(2)) in maintaining the right of
action against passing-off, which has been a part of the common law tradition of India, even
prior to the advent of the TRIPS Agreement.

Any lawsuit relating to infringement of a registered GI or for passing of an unregistered GI

has to be instituted in a district court having jurisdiction to try the suit. No suit shall be

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instituted in any court inferior to a district court [Section 66 of the Geographical Indications
of Goods (Registration and Protection) Act, 1999].

ADVANTAGES OF TAGGING GOODS WITH GI

 Protecting a geographical indication (GI) enables those who have the right to use the
indication to take measures against others who use it without permission and benefit from
its reputation (“free-riders”).

 A geographical indication’s reputation is a valuable, collective, and intangible asset. If not

protected, it could be used without restriction and its value diminished and eventually
lost.

 Protecting a GI is also a way to prevent registration of the indication as a trademark by a

third party and to limit the risk of the indication becoming a generic term.

 In general, GIs, backed up by solid business management, can bring with them:
Competitive advantage, more added value to a product, increased export opportunities,
and strengthened brand.

POPULAR EXAMPLES

1) Darjeeling Tea GI

 The very first GI tag ever to be given in India was the Darjeeling tea GI. In 2004 the
Darjeeling Tea claimed its historical backdrop to go back to the 1830s.

 It is well-known throughout India and abroad owing to its flavour and quality. The
Tea Board went against ITC Limited as they has a premier executive lounge, the
“Darjeeling Lounge” at ITC Sonar.

 In 2010, the Board filed a civil suit at Calcutta HC seeking injunction on the use of
trademark “Darjeeling” in its “Darjeeling Lounge” name. They pleaded infringement
of trademark and their Registered GIs. Furthermore, the Board stated that ITC’s acts
will cause confusion amongst the guests who use this lounge.

 This will in turn cause unfair competition along with deception. Interestingly, the
defendants argued that Darjeeling Tea is not the most important thing about the Place
Darjeeling.

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  Thus, the Board cannot have a singular claim over the name of a place. The monopoly
ends at “Tea” and not Darjeeling. They further pleaded that this suit was barred by
limitation as “Darjeeling Lounge” has been used before the commencement of the GI
Act itself.

 The Suit was decided in favour of ITC Limited. The Court noted that lounge services
are very different from Tea and the GI is limited to tea only.

2) Kolhapuri Chappals GI

 In 2019, the CGPDTM granted GI tag to Kolhapuri Chappals. There was a joint bid
for the GI by “Dr. Babu Jagjeevan Ram Leather Industries Development Corporation
of Karnataka and Sant Rohidas Leather Industries & Charmakar Development
Corporation Limited of Maharashtra” (LIDCOM).

 Finally, the GI was granted to 2 states and 8 districts due to the large demand of
Kolhapuri Chappals and the misbalance when it came to the low supply of leather in
Maharashtra.

 The competition has also increased over the years and the there is a significant change
in taste amongst the youth.

3) The Rasgulla GI

 This was one of the highly publicised GI disputes. In this dispute the origin of
Rasgulla was questioned and claimed by 2 states- West Bengal and Odisha.

 In 2017, WB received GI status for “Banglar Rasogolla”. The WB State Food

Processing and Horticulture Development Corp. (WBSFPHDCL) filed for GI for
Banglar Rasogolla.

 Odisha also obtained the GI tag for “Odisha Rasogola” claiming that this variety is
produced in a village named Pahala in Odisha. Even though both the states hold the
GI tag, there are various dissimilarities in the “Rasogollas”.

 There lies a vast dissimilarity between the date of claim, historical background,
colour, texture and even in taste. WB’s Rasogolla was first made by Nobin Chandra
Das who hailed from Kolkata.

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  His rasogolla became popular in the rest of India. On the other hand, Odisha claimed
that their Rasogola was used as an offering at Lord Jagganath’s Temple. WB’s claim
goes back to 1860s whereas Odisha claimed that their Rasgola was produced as early
as the 12th Century.

 The colour and texture are also different. Banglar Rasogolla is white in colour spongy
whereas Odisha’s Rasgolla is soft in texture and Light brown in colour. WB’s
Rasgolla is sweeter than that of Odisha’s.

 Hence, the Registrar was justified in granting GIs to both the states as each had a
unique twist to the Rasgollas. The vast distinction between both products go on to
show that it will not create any confusion or deception amongst the customers.

4) Tirupathi Laddu GI

 Tirumala Tirupathi Devasthanam had applied for the GI of Tirupathi Laddu under
class 30. It successfully received the GI tag in 2009.

 It is usually offered as Prasad while worshipping Lord Venkateshwara at the Sri Vari
Temple in Tirupathi located in Andhra Pradesh. A PIL was filed before the Madras
High Court against the GI obtained by a certain R.S Praveen Raj who had obtained
the tag “Tirupathi Laddu”.

 He was a resident of Trivandrum. He came up with 3 contentions. Firstly, he stated

that the GI was granted to a single producer. Secondly, no as such distinction between
the products.

Lastly, it was contended that “Tirupathi Laddu” is a very generic name. The PIL was
ultimately dismissed as under the GI Act, 1999, it is provided that such disputes shall go to
either the GI Registry or the IPAB (Which has been dissolved recently).

CONCLUSION

The GI Act, which came into force, along with the GI Rules, with effect from 15
September 2003, has been instrumental in the extension of GI status to many goods so far.
The central government has established the Geographical Indications Registry with all- India
jurisdiction, at Chennai, where right-holders can register their GI. Unlike TRIPS, the GI Act
does not restrict its special protection to wines and spirits alone. The central government has
discretion to decide which products should be accorded higher levels of protection. This

13
approach has deliberately been taken by the drafters of the Indian Act with the aim of
providing stringent protection as guaranteed under the TRIPS Agreement to GI of Indian
origin.

However, other WTO members are not obligated to ensure Article 23-type protection to all
Indian GI, thereby leaving room for their misappropriation in the international arena.
Registration of GI is not compulsory in India. If registered, it will afford better legal
protection to facilitate an action for infringement. Once a GI is registered in India, it becomes
relatively easier to seek protection in other countries, particularly the member countries of
WTO.

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REFERENCES

1. N. S. SREENIVASULU (2023) LAW RELATING TO INTELLECTUAL

PROPERTY. 3RD EDITION, LEXIS NEXIS PUBLICATIONS.
2. DR. S. R. MYNENI (2024) LAW OF INTELLECTUAL PROPERTY. 12 TH
EDITION. ASIA LAW HOUSE PUBLICATIONS.
3. DR. B. L. WADHERA (2016) LAW RELATING TO INTELLECTUAL
PROPERTY. 5TH EDITION. LEXIS NEXIS PUBLICATIONS.
4. https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm
5. https://pmc.ncbi.nlm.nih.gov/articles/PMC3217699/
6. https://ipindia.gov.in/

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