1.

Salient Feature of the Act

The salient features of Geographical Indications of Goods (Registration & Protection) Act, 1999
are as under:
(a) Definitions and interpretations of several important terms like "geographical indication",
"goods", "producers", "packages", "registered proprietor", "authorized user" etc.
(b) Provision for the maintenance of a Register of Geographical Indications in two parts
parts-Part A
and Part B and use of computers etc. for maintenance of such Register. While Part A will
wil contain
all registered geographical indications, Part B will contain particulars of registered authorized
users.
(c) Registration of geographical indications of goods in specified classes.
(d) Prohibition of registration of certain geographical indications.
indicatio
(e) Provisions for framing of rules by Central Government for filing of application, its contents
and matters relating to substantive examination of geographical indication applications.
indication applications and for
(f) Compulsory advertisement of all accepted geographical indication
inviting objections.
(g) Registration of authorized users of registered geographical indications and providing
provisions for taking infringement action either by a registered proprietor or an authorized user.
(h) Provisions for higher
gher level of protection for notified goods.
(i) Prohibition of assignment etc. of a geographical indication as it is public property.
(j) Prohibition of registration of geographical indication as a trademark.
(k) Appeal against Registrar's decision would be to the Intellectual Property Appellate Board
established under the Trade Mark legislation.
(l) Provision relating to offences and penalties.
(m) Provision detailing the effects of registration and the rights conferred by registration.
(n) Provision for reciprocity powers of the registrar, maintenance of Index, protection of
homonymous geographical indications etc.

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 2. Definitions
Section 2 of the Act defines the terms used in the Act. The definition of some notable
nota terms is
given below:
“Authorised user” means the authorised user of a geographical indication registered under
Section 17. [Section 2(1) (b)] Any person claiming to be a producer of the goods in respect of
which a geographical indicati on has been registered may apply for registration as an authorized
indication
user.
“Geographical indication” in relation to goods means an indication which identifies such goods
as agricultural goods, natural goods or manufactured goods as ori ginating, or manufactured in
originating,
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 r preparation of the goods concerned takes place in such territory, region or locality,
as the case may be. It may be noted that any name which is not the name of a coun
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. [Section 2(1) (e)]
“Goods” mean any agricultural, natural or manufactured goods or any goods of handicraft or of
industry and includes food stuff. [Section 2(f)]
representation or any combination of
“Indication” includes any name, geographical or figurative representation
them conveying or suggesting the geographical origin of goods to which it applies. [Section 2(1)
(g)] Producer
who, (i) if such goods are agricultural goods,
“Producer” in relation to goods, means any person who,-
produces the goods and includes the person who processes or packages such goods; (ii) if such
goods are natural goods, exploits the goods; (iii) if such goods are handicraft or industrial goods,
makes or manufactures the goods, Lesson 10 Geographical Indications 193 (iv) and includes any
person who trades or deals in such production, exploitation, making or manufacturing, as the
case may be, of the goods. [Section 2(1) (k)] (iv) and includes any person who trades or deals in

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 manufacturing, as the case may be, of the goods.
such production, exploitation, making or manufacturing,
[Section 2(1) (k)]
3. Registration of Geographical Indications
Section 8 of the Act provides that a geographical indication may be registered in respect of any
or all of the goods, comprised in such class of goods as may be classified by the Registrar and in
may
respect of a definite territory of a country, or a region or locality in that territory, as the case may
be. The Registrar may also classify the goods under in accordance with the International
ds for the purposes of registration of geographical indications and publish in
classification of goods
the prescribed manner in an alphabetical index of classification of goods. Any question arising as
to the class within which any goods fall or the definite area in respect of wh
which the geographical
indication is to be registered or where any goods are not specified in the alphabetical index of
goods published shall be determined by the Registrar whose decision in the matter shall be final.

4. Who are Entitled for Registration?

As perr Section 11 any association of persons or producers or any organisation or authority
established by or under any law representing the interest of the producers of the concerned goods
Applicant has to be a legal entity
can apply for the registration of a geographical indication. The Applicant
and should be representing the interest of producers of the goods applied for. Any such
organisation or association being not that of the producers may have to prove that they represent
Authority also has to prove that they represent the
the interest of producers. Any Applicant Authority
interest of producers. An application for registration of a geographical indication is to be made in
writing, along with the prescribed fees (as specified under First Schedule), and should be
addressed to the Registrar of Geographical Indications. [Rule 12 &, 13] Jurisdiction: The
Geographical Indication Registry is situated at Geographical Indications Registry, Intellectual
Property Office Building, G.S.T. Road, Guindy, Chennai – 600032 having all-India
all Jurisdiction.
Application or any other document may be filed directly in the GI Registry, Chennai, or may be
sent by post or registered post or speed post or courier services.

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 5. Filing of Application
geographical indication can be made in
(i) An Indian application for the registration of a geographical
triplicate in Form GI – 1(A) for single class and in GI – 1 (C) for multiple classes.
(ii) A Convention Application shall be made in triplicate in Form GI – 1(B) for single class and
in GI – 1 (D) for multiple classes.
(iii) Power of Attorney, if required.
(iv) An Application shall be signed by the applicant or his agent.

6. Contents of Application
The application should include the requirements and criteria for processing a GI application as
specified below:
o how the geographical indication serves to designate the goods as originating
• A statement as to
from the concerned territory of the country or region;
• The class of goods;
• geographical map of the territory or locality in which goods are produced;
• The particulars of appearance
pearance of the geographical indication;
• Particulars of producers;
• An affidavit of how the applicant claims to represent the interest in the GI;
• The standards benchmark for the use or other characteristics of the GI;
• The particulars of special characteristics;
char
• Textual description of the proposed boundary;
• The growth attributes in relation to the GI pertinent to the application;
• Three certified copies of the map of the territory, region or locality ;
• Particulars of special human skill involved
involve , if any;
• Full name and address of the association of persons or organization;
• Number of producers; and
• Particulars of inspection structures, if any, to regulate the use of the GI. [Rule 32].
Thereafter, the examiner scrutinizes the
On receipt of the application, a number is allotted. Thereafter,
application to check whether it meets the requirements of the GI Act and the Rules. Deficiencies

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if any found through a preliminary examination would be communicated by the Examiner to the
Applicant. The deficiencies need to be complied within the time limit mentioned in the
communication. [Rule31]
Upon compliance of the deficiencies, the Registrar shall ordinarily constitute a Consultative
Group of experts (not more than seven representatives) to ascertain the correct
correctness of the
particulars furnished in the Statement of Case. The Consultative Group is chaired by the
Registrar of Geographical Indications. [Rule 33] After issuance of the Examination Report,
submissions of the applicant would be considered. If no further objection is raised, the
application would be accepted and published (within three moths of acceptance) in the
Geographical Indications Journal. [Rule, 34& 38]
After advertisement of a Geographical Indication in the Geographical Indications Journal, any
rson may within three months oppose the registration of an application for GI. This period may
person
be extended by a period, not exceeding one month, by making an application to the Registrar
shall be filed before the expiry
along with the prescribed fee. Such an application for extension shall
of the period of three months. The Notice of Opposition shall be filed only before the Registrar
of Geographical Indications at Chennai. [Section 14, Form GI-2]
GI
Registration
specified or where an opposition is filed and it is
If no opposition is filed within the period specified
dismissed and the appeal period is over, the Registrar registers the geographical indication in
Part A of the Register unless the Central Government otherwise directs. On the registration of a
ation, the Registrar shall issue each to the applicant and the authorised users, if
geographical indication,
registered with the geographical indication, a certificate sealed with the seal of the Geographical
deemed to be the date of
Indications Registry. The date of filing of the application shall be deemed
registration. It may be noted that where registration of a geographical indication is not completed
within twelve months from the date of the application by reason of default on the part of the
applicant, the Registrar may, after giving notice to the applicant in the prescribed manner treat
giving
the application as abandoned unless it is completed within the time specified in that behalf in the
notice. [Section 16]
Duration of Registration

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According to Section 18, a registered geographical indication shall be valid for 10 years and can
be renewed from time to time on payment of renewal fee. Any person aggrieved by an order or
decision of the Registrar may prefer an appeal to the intellectual property appellate board (IPAB)
within three months.
s. [Section31]

Benefits of Registration
Geographical Indications registration gives to the registered proprietor and its authorised users,
the legal right to the exclusive use of the GI and also the right to obtain relief in case of its
sion of unauthorized persons from misusing GI would ensure that genuine
infringement. Exclusion
products of the rightful producers are marketed.
Prohibition of Registration of Certain Geographical Indications
For registrability, the GI must fall within the scope of the definition of the expression
“geographical indication‟‟ as given under Section 2 (1) (e) of GI Act. In addition, such a GI
should not fall within the purview of prohibitions contained in Section 9 which are as follows:
(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 comprises or contains any matter likely to hurt the religious susceptibilities
susceptibiliti 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
country of origin, or which have fallen into disuse in that country;
ceased to be protected in their 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,
territor region
or locality, as the case may be; shall not be registered as a geographical indication.
The following are the acts deemed as offences: In the context of offences, what constitutes the
meaning of “applying geographical indication has been dealt wi th in Section 37 and the
with
expression geographical indication has been defined in Section 2 (1) (e). Section 38 list two

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kinds of offences namely:- (a) falsifying a GI and (b) falsely applying a GI. • The penalty for
circumstancess in which a person applies false GI are enumerated in
falsification of GIs and the circumstance
Section 39. • Selling goods to which false GI is applied as outlined in Section 40. • Enhanced
Penalty for subsequent convictions for the offences of falsifying, falsification of GIs or selling
ith false GIs. • Falsely representing a GI as registered as listed in Section 42.
goods with
Misrepresenting the GI as Registered, which has not been actually registered is an Offence. •
Improperly describing a place of business as connected with the GIs Registry as listed in Section
43. • Falsification of entries in the Register as listed in Section 44. • No offence in certain cases
as provided under Section 45. • Exemption of certain persons employed in ordinary course of
Procedure where invalidity of registration is pleaded by
business as provided under Section 46. • Procedure
the accused as provided in Section 18.

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