GEOGRAPHICAL INDICATION

✓ It is an indication
✓ It originates from a definite geographical
territory.
✓ It is used to identify agricultural, natural or
manufactured goods
✓ The manufactured goods should be produced or processed or
prepared in that territory.
✓ It should have a special quality or reputation or other
characteristics
✓Imperial Tabacco v. Registrar,1977
✓ Scotch Whiskey Association v. Pravara Sakhar Karkhana, 1992
 s. 2(1)(e) of GI Act, 1999
• in relation to goods, 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.
Explanation: 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 the geographical indication 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
Examples of Indian Geographical Indications.

➢Basmati Rice
➢Darjeeling Tea
➢Kanchipuram Silk Saree
➢Alphanso Mango
➢Nagpur Orange
➢Kolhapuri Chappal
➢Bikaneri Bhujia
➢Agra Petha
Examples of Indian Geographical Indications.

KOLHAPURI
CHAPPAL
Examples of Indian Geographical Indications.

Tea Board of
India v. ITC
Ltd., 2019
Examples of Indian Geographical Indications.

NAGPUR
ORANGE
Examples of Indian Geographical Indications.

AGRA
PETHA
➢ LEGAL BENFITS

&

➢ SOCIO-ECONOMIC BENEFITS
 LEGAL BENFITS

• It confers legal protection to Geographical

Indications in India.
• Prevents unauthorized use of a Registered
Geographical Indication by others.
• It provides legal protection to Indian Geographical
Indications which in turn boost exports.
SOCIO-ECONOMIC BENEFITS
• It promotes economic prosperity of producers of
goods produced in a geographical territory.
ACTS & AGREEMENTS WHICH IMPLEMENTED
IT(INTERNATIONALLY):-

●The Paris Convention for the Protection of Industrial

Property of 1883.

●The Lisbon Agreement for the Protection of Appellations of

Origin and Their International Registration.

●Articles 22 to 24 of the Agreement on Trade-Related

Aspects of Intellectual Property Rights (TRIPS) deal with the
international protection of geographical indications within
the framework of the World Trade Organization (WTO).
In Our country laws to protect GI are

Geographical Indications of Goods(Registration & Protection)Act,1999

&
Geographical Indications of Goods (Registration and Protection)
Rules,2002
Some facts about registration-
➢Registration is not compulsory
➢ Valid for a period of 10 years
➢ Can be renewed continuously for
further period of 10 years at each
subsequent renewals
➢ If not renewed it is liable to be removed from the
register
➢ Can not be assigned, transmitted,
licensed, pledged, mortgaged
✓ Registration of GIs in India
✓ Steps involved in evaluating a GI
application
Procedure to file the application for GI:

● Application must be made in triplicate.

● The application shall be signed by the applicant or his agent
and must be accompanied by a statement of case.
● The statement has to show how the GI serves to designate
the goods as originating from the concerned territory having
a special quality, reputation or other characteristic.
● Details of the special characteristics and how those
standards are maintained.
● Three certified copies of map of the region to which the GI
relates.
• Details of the special human skills involved or
uniqueness of the geographical environment or the
inherent characteristics to which the application
relates.
• Details of the inspection structure if any to regulate
the use of the GI in the territory to which it relates.
● Step 1: Scrutinizes the application for any deficiencies
and, if any found, communicates the same to the
applicant
● Step 2:Appoint a consultative group of experts well
versed on the subject to ascertain the correctness of
the claims made
● Step 3:application is published in the Journal of
Geographical Indications
● Step 4:If no opposition is received, then the same is
registered after expiry of four months from the date of
publication
Steps involved
Filing an application Appeal to IPAB

Examination Opportunity for

objections refused
hearing

Acceptance

Advertised in the GI
journal

Opposition if any Allowed or refused Appeal to IPAB

Entered in the GI Acceptance of GI

register Particulars of regd GI entered in
part A of registration

Registration certificate Particulars of regd authorized user

issued entered in part B of registration
Designed and Developed by IP Laboratory, MNNIT Allahabad
211004, Uttar Pradesh, India
GEOGRAPHICAL INDICATION
● Rice Tec Inc. had applied for registration of a mark
"TEXMATI" before the UK Trade Mark Registry. (Well
supported by U.S. Patent 5,663,484)
● In the wake of this controversy, the Government of
India with the help of ICAR & CSIR scientists filed
request for re-examination of this patent.
● It forced Ricetec to withdraw its claims .Thus the
threat of infringement by the export of Basmati
grains to US has been averted.
Prohibition of Registration of Certain
Geographical Indications

• S. 9 A geographical indication:
• (a) the use of which would be likely to deceive 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 comprise 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, but falsely represent to the persons that
the goods originate in another territory, region or locality, as the case
may be, shall not be registered as a geographical indication.
• Explanation 1 : For the purposes of this section, "generic names or
indications", in relation to goods, means the name of a goods which,
although relates to the place or the region where the goods was
originally produced or manufactured, has lost its original meaning and
has become the common name of such goods and serves as a
designation for or indication of the kind, nature, type or other
property or characteristic of the goods.
• Explanation 2 : In determining whether the name has become generic,
account shall be taken of all factors including the existing situation in
the region or place in which the name originates and the area of
consumption of the goods.
• Case: Federal Republic of Germany v. Commission of European
Communities, 2006
Rights Conferred by Registration- s. 21

• (1) Subject to the other provisions of this Act, the registration of a geographical
indication shall, if valid, give,-
• (a) to the registered proprietor of the geographical indication and the authorised
user or users thereof the right to obtain relief in respect of infringement of the
geographical indication in the manner provided by this Act;
• (b) to the authorised user thereof the exclusive right to the use of the geographical
indication in relation to the goods in respect of which the geographical indication is
registered.
• (2) The exclusive right to the use of a geographical indication given under
clause (b) of sub-section (1) shall be subject to any condition and limitation to
which the registration is subject.
• (3) Where the two or more persons are authorised users of geographical
indications, which are identical with or nearly resemble each other, the exclusive
right to the use of any of those geographical indications shall not (except so far as
their respective rights are subject to any conditions or limitations entered on the
register) be deemed to have been acquired by anyone of those persons as against
any other of those persons merely by registration of the geographical indications,
but each of those persons has otherwise the same rights as against other persons
as he would have if he were the sole authorised user.
Types of Infringement in Geographical Indications
• Direct Infringement: This occurs when a non-authorized producer uses the GI on
products that do not originate from the designated region or do not comply with
the standards and specifications of the GI. For instance, labeling sparkling wine
produced in California as "Champagne" is a direct infringement.
• Indirect Infringement: This involves the use of terms, symbols, or descriptions
that, although not directly copying the GI, mislead consumers regarding the true
origin of the product. An example would be using phrases like "Champagne-like"
for products not originating from the Champagne region.
• Dilution: This refers to the use of a GI in a way that blurs its distinctiveness or
tarnishes its reputation. Over time, such misuse can weaken the brand value
associated with the GI