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Geographical Indications

Geographical Indications (GIs) are signs used for products with specific geographical origins that possess qualities or reputations linked to that origin, such as Darjeeling Tea and Kancheepuram Silk. In India, the GI of Goods (Registration and Protection) Act, 1999 governs the registration and protection of GIs, which is not mandatory but only registered GIs are protected. Benefits of GI registration include exclusive rights for authorized users, protection against infringement, and assurance of product genuineness for consumers.

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4 views10 pages

Geographical Indications

Geographical Indications (GIs) are signs used for products with specific geographical origins that possess qualities or reputations linked to that origin, such as Darjeeling Tea and Kancheepuram Silk. In India, the GI of Goods (Registration and Protection) Act, 1999 governs the registration and protection of GIs, which is not mandatory but only registered GIs are protected. Benefits of GI registration include exclusive rights for authorized users, protection against infringement, and assurance of product genuineness for consumers.

Uploaded by

akki.singh0802
Copyright
© © All Rights Reserved
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 INDICATIONS

GEOGRAPHICAL INDICATIONS
(GI)
• A 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.
• E.g. Darjeeling Tea, Kancheepuram Silk etc.
• It is not limited to agricultural products.
Characteristics
• The GI (sign) must identify the product as originating in a
given place.
• The qualities, characteristics or reputation of the product
must be essentially due to the place of origin.
• There should be a clear link between the product and the
original place of production
GI in India
• GI of Goods (Registration and Protection) Act, 1999.
• 10 years, renewed from time to time.
• GI Registry, Chennai
Registration
• NOT Mandatory
• But only registered GIs are protected.
• Section 20 (1) of the GI Act states that no person “shall”
be entitled to institute any proceeding to prevent, or to
recover damages for, the infringement of an
“unregistered” GI.
Types of goods over which you
can get GI
• 1. Agricultural Goods – Darjeeling Tea, Nagpur Orange
etc.
• 2. Manufactured Goods (handicrafts and foodstuffs) –
Aranmula Kannadi, Kancheepuram Silk, Tirupati Laddu
etc.
• 3. Natural Goods – Makrana Marble (Rajasthan), Chunar
Balua Patthar (Red-spotted sandstone (U.P.)).
Who can apply for registration?
• An application for the registration as an authorised user of the
registered geographical indication shall be made by a producer and
jointly by the registered proprietor of the said GI.
• ‘Producer’, means, --
• any person who produces the goods in case agricultural goods, and
includes the person who processes or packages such goods;
• any person who exploits the goods in case of natural goods,;
• any person who makes or manufactures the handicraft goods ,
• any person who trades or deals in such production, exploitation,
making or manufacturing of the goods.
Benefits of GI Authorised User Registration

• GI Authorised user registration provides the authorized user the


exclusive right to use the registered GI on the specified goods.
• The Regd. Proprietor/Authorised users can initiate infringement
actions.
• With the protection assured by GI registration, the market is
developed, pirates and counterfeiters cannot infiltrate that
market.
• Consumers are guaranteed of the genuineness of the product and
of quality assurance.
GI vs TM
• Geographical indications (GIs) identify a good as originating
from a particular place. By contrast, a trademark identifies a
good or service as originating from a particular company.
• A trademark often consists of a fanciful or arbitrary sign. In
contrast, the name used as a geographical indication is usually
predetermined by the name of a geographical area.
• GI owned by group of people. TM owned by individuals or
body corporates.
GI vs TM (contd.)
• Finally, a trademark can be assigned or licensed to
anyone, anywhere in the world, because it is linked to a
specific company and not to a particular place. In
contrast, a GI may be used by any person who is an
authorized user, but because of its link with the place of
origin, a GI cannot be assigned or licensed to anyone
not belonging to the group of authorized users.

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