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GI Notes

The Geographical Indications of Goods (Registration and Protection) Act, 1999 provides legal protection for Geographical Indications (GIs) in India, ensuring products linked to specific regions are recognized and safeguarded. Key features include the registration process, rights of GI holders, and penalties for unauthorized use, while promoting economic growth and cultural preservation. The Act faces challenges such as unauthorized use and limited awareness among producers, necessitating effective implementation for its objectives to be achieved.

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17 views3 pages

GI Notes

The Geographical Indications of Goods (Registration and Protection) Act, 1999 provides legal protection for Geographical Indications (GIs) in India, ensuring products linked to specific regions are recognized and safeguarded. Key features include the registration process, rights of GI holders, and penalties for unauthorized use, while promoting economic growth and cultural preservation. The Act faces challenges such as unauthorized use and limited awareness among producers, necessitating effective implementation for its objectives to be achieved.

Uploaded by

deepikasangwan009
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Geographical Indications of Goods (Registration and Protection)

Act, 1999: Notes


The Geographical Indications of Goods (Registration and Protection) Act, 1999
governs the protection of Geographical Indications (GIs) in India. The Act ensures that
products linked to a specific geographical origin, possessing unique qualities, are
recognized and protected.

Key Features of the Act


1. Definition of Geographical Indication (GI)

According to Section 2(1)(e), a Geographical Indication is a sign that identifies goods


as originating from a specific region, where a particular quality, reputation, or
characteristic of the goods is essentially attributable to their geographical origin.
• Example: Darjeeling Tea, Banarasi Sarees, Kullu Shawls.

2. Objective of the Act

The primary objectives of the Act are:


1. To provide legal protection to GIs in India.
2. To prevent unauthorized use of registered GIs by third parties.
3. To promote the economic well-being of producers and ensure their rights.
4. To preserve and protect the cultural heritage of specific regions.

3. Registration of Geographical Indications

• Application Process (Section 11):


• An application for GI registration is filed by an association of persons, producers,
or organizations.
• Must include details of the geographical area, product characteristics, and proof
of origin.
• Registrar of Geographical Indications:
• Oversees the GI registration process.
• Maintains the GI Registry.
• Period of Registration:
• A GI is registered for 10 years and can be renewed indefinitely for successive
10-year periods.

4. Rights of GI Holders
• Exclusive rights to use the GI.
• Right to prevent unauthorized use by others.
• Prohibition of misleading use of the GI.

5. Offenses and Penalties

• Unauthorized use of a registered GI is a punishable offense under the Act.


• Penalties include fines and imprisonment (Section 39).

6. Prohibited Registrations (Section 9)

The following are not eligible for GI registration:


1. GIs likely to deceive or cause confusion.
2. GIs contrary to morality or public order.
3. Generic names or indications that no longer signify geographical origin.
4. GIs indicating goods falsely produced outside the specified region.

Importance of GI Protection

1. Economic Growth: Enhances market access and premium pricing for local
producers.
2. Cultural Preservation: Protects traditional knowledge and heritage.
3. Global Recognition: Strengthens India’s presence in international markets.
4. Consumer Trust: Assures authenticity and quality of products.

Examples of Registered GIs in India


Product Region
Darjeeling Tea West Bengal
Pashmina Shawls Jammu & Kashmir
Kanjeevaram Silk Tamil Nadu
Alphonso Mango Maharashtra
Basmati Rice North India

International Protection of GIs

1. TRIPS Agreement:
• Provides a framework for GI protection globally.
• Special protection for wines and spirits.
2. Lisbon Agreement:
• Promotes the international registration of GIs.

Challenges in GI Protection

1. Unauthorized Use: Misuse of GIs in domestic and international markets.


2. Awareness: Limited awareness among producers about GI benefits.
3. Enforcement: Difficulty in monitoring and preventing infringement.

Conclusion
The Geographical Indications Act, 1999, plays a critical role in preserving India’s rich
cultural heritage and boosting the economic potential of traditional goods. Effective
implementation and enforcement are essential to ensure the Act’s objectives are fully
realized.

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