What is Geographical Indication?

1. What is Geographical Indication?

Geographical indications (GIs) refer to goods that are recognized as originating from a specific geographical location, which can be a country or a region within a country. These indications often assure consumers of the product's quality and unique characteristics, which are intrinsically linked to its place of origin.

Under Article 1 and Article 10 of the Paris Convention for the Protection of Intellectual Property, GIs are considered a form of intellectual property. They are also protected under Articles 22 to 24 of the TRIPS Agreement, which specifically addresses aspects of intellectual property rights.

Examples of geographical indications include:

- Basmati rice

- Darjeeling tea

- Pashmina shawls from Kashmir

- Chanderi silk from Madhya Pradesh

- Gadwal sarees from Andhra Pradesh

- Kanjivaram silk from Chennai

According to the Geographical Indication Act of 2000, there are a total of 34 classes into which various categories are divided for the purpose of obtaining a GI tag. For example:

Class 1 includes chemicals used in industry, science, photography, and agriculture. 

Class 2 refers to paints, lacquers, and preservatives that protect against rust. 

Class 5 encompasses pharmaceuticals.

2. How to Register for Geographical Indication: Step-by-Step Process

Step 1. First, you need to determine whether your product or specific goods fall under the definition of Geographical Indication (GI) as outlined in Section 2( e). 

A certain number of individuals and producer organizations must represent the producers of the relevant goods. The application should be submitted as an affidavit outlining how these applicants represent their interests.

An application is submitted by the applicant or their agent, accompanied by a statement. This should include detailed and specific characteristics of the goods, as well as the materials and standards used. The application must be filed in three copies within the region relevant to the geographical indication (GI).

A big detailed information use of GI in that particular territory accompanied with evidences and supportive documents.

The GI application must be supported by all applicants interested in the produced goods or can act as a collective reference for one representative agent in the GI registration application.

Step 2 Examination 

The examiner will review the application and, if any deficiencies are found, the geographical indication (GI) holder or applicant must respond to the examiner within one month from the date of the notice. This response should include a statement of the case, supported by a group of experts knowledgeable about the specific subject. During the assessment, the examiner may ask various questions related to the specific product or goods associated with the geographical indication in question.

If the examiner is satisfied with the application, the registrar, will review the application before granting the Geographical Indication (GI) tag. During this process, if the registrar finds any objections, the applicant must respond within two months from the date of the notice to clarify the registrar's concerns. After hearing the applicant's response, the registrar will communicate the decision. The registrar also has the authority to withdraw the application if any discrepancies or errors are found but will first provide the applicant an opportunity to address these issues.

3. Publication 

Every application is passed by the hands of the registrar and, therefore shall be published in the geographical indication journal.

4. Opposition to Registration

Any person can file a notice of opposition from the date of publication within three months. The registrar will then serve a copy of the notice to the applicant. The applicant must file a counter-statement within two months. After reviewing the evidence presented by both parties through affidavits, a date for the hearing will be scheduled.

Step 5. Grant. When the application for a Geographical Indication (GI) is accepted, the registrar will register the GI tag for the specific product. The date of registration of the application is considered the official registration date. Consequently, the registrar will issue a certificate to the applicant. 

3. Term

A registered GI is protected for 10 years and can be renewed by paying a small prescribed fee 

4. What geographical indications cannot be registered? 

- Those products which are likely to deceive or cause confusion 

- Their use maybe contrary to the law for the time in first 

- Obscene matter or scandalus 

This is likely to hurt the religious sentiments of the citizens of India 

- Which is literally a true to its territory region of a good originate but it is false ceiling represented by another territory of good originate

- The goods to be determined as generic names