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Geographical Indication: Submitted To:-Submitted By: - Mr. Ankur Saxena Naresh Kumar

A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities due to that place of origin. Examples of Indian GIs include Basmati rice, Darjeeling tea, and Nagpur oranges. GIs protect the link between a product's qualities and its place of origin, boosting the economy of producers. They differ from trademarks in relating to a place rather than a business. GIs are protected by international treaties and domestic laws and registering a GI helps producers legally protect its use and initiate infringement actions.

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Naresh Yadav
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155 views16 pages

Geographical Indication: Submitted To:-Submitted By: - Mr. Ankur Saxena Naresh Kumar

A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities due to that place of origin. Examples of Indian GIs include Basmati rice, Darjeeling tea, and Nagpur oranges. GIs protect the link between a product's qualities and its place of origin, boosting the economy of producers. They differ from trademarks in relating to a place rather than a business. GIs are protected by international treaties and domestic laws and registering a GI helps producers legally protect its use and initiate infringement actions.

Uploaded by

Naresh Yadav
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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GEOGRAPHICAL

INDICATION

Submitted to:- Submitted by:-


Mr. Ankur Saxena Naresh Kumar
What is a Geographical Indication?

 A geographical  Commonly, a GI
indication is a sign used includes the name of the
on goods that have a place of origin of the
specific geographical goods.
origin and possess  Geographical
qualities, reputation or indications may be used
characteristics that are for a wide variety of
essentially attributable products,  whether
to that place of origin. natural, agricultural or
manufactured.
Examples of Indian GIs

 Basmati Rice
 Darjeeling Tea
 Kanchipuram Silk Saree
 Alphanso Mango
 Nagpur Orange
 Kolhapuri Chappal
 Bikaneri Bhujia
 Agra Petha 
Can GIs only be used for agricultural
products?
 The use of GIs is not limited to agricultural
products. They may also highlight qualities of a
product which are due to human factors
associated with the place of origin of the
products,  such as specific manufacturing skills
and traditions.
 That place of origin may be a village or town, a
region or a country. For example Banarasi
saarees, Kolhapuri Chappal, Agra ka Petha etc…
What does a GIs do?

 A GI points to a specific place, or region of


production, that determines the characteristic
qualities of the product which originates from
that place.
  It is important that the product derives its
qualities and reputation, since those qualities
depend on the place of production, a specific
"link" exists between the products and their
original place of production.
Why do GIs need protection?

 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.
 It promotes economic prosperity of producers
of goods produced in a geographical territory.
What is the difference between a geographical
indication and a trademark?
 A trade mark is a sign which is used in the
course of trade and it distinguishes goods or
services of one enterprise from those of other
enterprises.
 Whereas a GIs an indication used to identify
goods having special characteristics
originating from a definite geographical
territory.
How are geographical indications protected?

Geographical indications are protected by:–


 Special laws for the protection of geographical
indications or appellations of origin.
 Trademark laws in the form of collective marks
or certification marks.
 Laws against unfair competition.
 Consumer protection laws, or
 Specific laws or decrees that recognize
individual geographical indications.
How are geographical indications protected on
the international level?
 A number of treaties administered by WIPO
provide for the protection of geographical
indications, most notably the Paris Convention
for the Protection of Industrial Property of
1883, and the Lisbon Agreement for the
Protection of Appellations of Origin and Their
International Registration.
Who is a registered proprietor of a GI?

 Any association of persons, producers,


organization or authority established by or
under the law can be a registered proprietor.
 Their name should be entered in the Register
of Geographical Indication as registered
proprietor for the Geographical Indication
applied for.
Who is an authorized user?

 A producer of goods can apply for


registration as an authorized user.

 It must be in respect of a registered


geographical indication.

 He should apply in writing in the prescribed


form along with prescribed fee.
Who is a producer in relation to a GI?

 The persons dealing with three categories of


goods are covered under the term Producer.
 Agricultural Goods includes the production,
processing, trading or dealing.
 Natural Goods includes exploiting, trading or
dealing.
 Handicrafts or Industrial goods includes
making, manufacturing, trading or dealing.
Is a registration of a GI compulsory and how
does it help the applicant?
 Registration is not compulsory
 Registration affords better legal protection to
facilitate an action for infringement
 The registered proprietor and authorized
users can initiate infringement actions
 The authorized users can exercise the
exclusive right to use the geographical
indication.
Validity Period of GI

 The registration of a geographical indication


is valid for a period of 10 years. 

 It can be renewed from time to time for


further period of 10 years each. 

 If a registered GI is not renewed it is liable to


be removed from the register. 
When is a registered GI said to be
infringed?
 When an unauthorized user uses a geographical
indication that indicates or suggests that such
goods originate in a geographical area other than
the true place of origin of such goods in a manner
which mislead the public as to the geographical
origin of such goods.
 When the use of geographical indication result in an
unfair competition including passing off in respect
of registered geographical indication.
 When the use of another geographical
indication results in false representation to
the public that goods originate in a territory
in respect of which a registered geographical
indication relates.

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