Geographical Indications of Goods

SUBMITTED TO : PROF. GIRISH JASWAL

SUBMITTED BY: DALIP RAI, MBA -2ND YEAR OPERATIONS-1 500902009

INTRODUCTION
Geographical indications are today considered major intellectual assets in relation to a variety of goods. They are seen not only as a tool for protecting consumer’s interests but also as a legal and economic tool for the development of rural areas and the preservation of cultural heritage. The importance that geographical indications have gained over the last few decades is reflected in their inclusion as protectable subject matter under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1994 and in subsequent bilateral and regional trade agreements as well as the immense interest in the current negotiations in the context of the Doha Round of Multilateral Trade Negotiations. Geographical indications are also a global issue, regulated in international law by the WTO and attracting increasing attention world-wide. Indeed, geographical indications have been said to be “the Sleeping Beauty of the intellectual property world” as although they have been around for a long time, there has been a widespread awakening in recent years, as to their business value. In particular, many developing countries have recently jumped on the wagon of the geographical indication culture, by associating products with their places of origin and developing external markets for some of these local products The use of geographical indications is an important method of indicating the origin of goods and services. One of the aims of their use is to promote commerce by informing the customer of the origin of the products. Often this may imply a certain quality, which the customer may be looking for. They can be used for industrial and agricultural products. Protection of such indications is on a national basis but there are various international treaties that assist the protection in a range of countries. GI is an important feature under the regime of Intellectual Property rights (IPR) that supports the weavers by giving them an exclusive right over their creative minds. Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time.

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Intellectual property rights are traditionally divided into two main categories: Copyright and rights related to copyright: i.e. rights granted to authors of literary and artistic works, and the rights of performers, producers of phonograms and broadcasting organizations. The main purpose of protection of copyright and related rights is to encourage and reward creative work. Industrial property: This includes (1) the protection of distinctive signs such as trademarks and geographical indications, and (2) industrial property protected primarily to stimulate innovation, design and the creation of technology. In this category inventions (protected by patents), industrial designs and trade secrets are included.

For the purposes of the TRIPS Agreement, “intellectual property” refers to: ... all categories of intellectual property that are the subject of Sections 1 to 7 of Part II of the agreement. The IPRs are protected worldwide by the following ways:

(a) Government and Parliaments have given creators these rights as an incentive to produce ideas that will benefit society as a whole.

(b)The 1986-94 Uruguay round achieved that the WTO’s Agreement on TRIPS is an attempt to narrow the gaps in the way these rights are protected around the world and to bring them under common international rules.

(c) It establishes minimum level of protection that each government has to provide to the Intellectual Property of fellow WTO members. The Agreement sets out minimum standards to be adopted by the parties, though they are free to provide higher standard of protection.

(d) When there are trade disputes over IPRs, the WTO’s dispute settlement system is now available.

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If it is not reregistered after every 10 years. 4 . and “Champagne Wine” from France. The registration is valid for 10 years after which the producers can again apply for registration. “Tequila Spirit” from Mexico. reputation or other characteristic of the good is essentially attributable to its geographical indications. This registration not only provides lawful security but also curbs illegal use of GI registered. “Chianti Wine” from Italy. The product needs to have a special characteristic related to the geographical climate or unique production technique that makes it distinct and provides it a differentiated identity among rest of them. Several commercial products are traditionally produced in specific geographically definable region.GI tag is an indication that authenticates the origin of a product to a particular region of India. where a given quality. “Idaho Potatoes” from USA. Some well-known GIs are “Darjeeling Tea” from India. “Swiss Chocolates” from Switzerland. It also helps the producers' prosperity and the exports are ascends. or a region or locality in that territory. Geographical indications identify a good as originating in the territory of a member. it is removed from the list.

However. Some WTO members believe that Geographical Indicators no matter where created or protected should always be superior in right to a trademark.” a style of mustard originally from the French town of Dijon has over time come to denote a certain kind of mustard. the reliable “carrier” of qualifying product characteristic. but the geographical region from where the product originates. Geographical Indications are valuable as ‘marketing tools’ in the global economy. Where these products are accredited specific criteria essentially attributable to their geographical provenance. For example.All these names typically convey an assurance of quality & distinctiveness. this term no longer functions as a geographical indication. 5 . rather than an indication of the place of origin of that product. whereas “Dijon mustard” was once only made in Dijon. Geographical Indications are similar to trademarks in that they function as source indicators. which is essentially attributable to the fact that it originates in a defined geographical locality. a geographical indication identifies not the producer of the good concerned. Geographical indications are then ascribed the function and importance of trademarks and entitled to legal protection. This is considered to be a worse than depicting an inferior object of superior quality by misusing a trademark of a good quality product. the exceptions to protections are if the GI becomes generic that is if the name of a place is used as the designation of a kind of product. the geographical indication becomes. Geographical Indications prevent misuse of designation or presentation of a product. the key distinction lies in the fact that while a trademark identifies a good or service as originating from a particular producer. “Dijon Mustard. regardless of its place of production. However. in trade relations. region or territory. which indicates that the product originates in a place different from where it actually originates.

I cannot be rescinded for non use. Collective marks belong to a group or association of persons and can be used by its members alone.I can not be created. and it is owned by the agency. etc. method of manufacture. A geographical indication must be available for use by all the producers in that region.  G.I is the Common property of the producers of the particular region. a geographical indication can only be registered by an association or producers or organization etc. The Trade Marks Act. A trade mark is used by an enterprise to distinguish its goods or services from those of others and its exclusive right is vested in its proprietor. Whereas.” “certification marks” and service marks. A certification mark shows that the goods on which such mark is affixed are certified of having certain characteristics of origin. while trade marks can be rescinded for non use  Licensing of G. established by law and representing the interest of the producers of the goods for which the registration is applied. quality. which certifies such as ISI (Indian Standards Institute). a geographical indication denotes that a certain product originates from a particular place and represents a community of producers in a particular geographical area. A geographical indication is used to show that certain products have a certain regional origin.. 1999 provides for registration of “collective marks.TRADEMARK VERSUS GI A trademark is a sign that an individual trader or company uses to distinguish its own goods or services from the goods or services of competitors. AGMARK. in addition to trade marks. Difference between a Geographical indication and a Trademark  A trademark is a symbol that differentiates a good or a service from another on the basis of enterprise or company while GI distinguishes one product from other based on its unique characteristic and the geographical location. while Trade Marks indicate the personal property of commercial enterprise  G.I is not allowed whereas trademarks can be licensed 6 . etc.. Further. Trade Marks can be created  G. whose products have the same characteristics and quality.

for instance. this provision did not extend direct legal protection to all producers since owners of such marks could resort to monopolization through cartelization.1 7 . While TRIPS Article 24. India explored avenues for extending proper legal protection to geographical indications. as happened in the case of the Scotch Whisky Association. buyers of silver carp have preferred those from Padma river in the Eastern part of the Indian sub-continent. Saris . Association of place names with certain qualities of a product has been particularly prevalent in the case of textiles and dress materials. Consequent on its membership of the World Trade Organization and the attendant Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS). Besides. they became so closely associated that the place name sometimes substituted totally for the product or generic name. However. A Kancheepuram without any product name is understood by the discerning customer as referring to Kancheepuram sari only. However. In fact. This fact weighed heavily in the government’s efforts to extend legal means to protect Indian geographical indications (GIs). The Trade and Merchandise Marks Act. Taking recourse to the provisions on ‘passing off’ under the same law was another means to protect GIs. efforts to extend legal protection for those names are of recent origin in India.Protection of Geographical Indications Traditionally. but this was a slow and cumbersome process. success was not always guaranteed.9 provides that WTO Members have no obligation to protect GIs that are not protected in the country of origin. always used to be referred to by their places of manufacture. they must extend protection to goods imported from other countries that do provide such protection. It required proving that the infringer had deliberately tried to poach on the reputation of a particular product. People constructing a house or a building would ask for the Rajasthan marbles. which had won a case at the state level High Court but lost at the Supreme Court. 1958 had provided some protection through certification marks.

as the case may be. or a region or locality in that territory. as the case may be. region or locality. region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is not used upon or in relation to particular goods originating from that country.” THE ACT FURTHER CLARIFIES THAT “any name which is not the name of country. which entered into force in September 2003. a geographical indication in relation to goods means “an indication which identifies such goods as agricultural goods. unlike with other intellectual property rights. fall within the meaning of ‘goods’.After having considered various options and reviewing the protection available for geographical indications in different jurisdictions of the world. The Act provides for a registration system through application. or manufactured in the territory of country. sets up a Geographical Indications Registry and an Intellectual Property Appellate Board to hear appeals over the decisions of the Registrar of Geographical Indications. the Act states that any handicrafts or of industrial products.” It is interesting to note that in order to remove all doubts about the scope of goods. the government of India finally opted for a sui generis legislation to protect its geographical indications. including food stuffs. region or locality. The reason behind this is 8 . According to the legislation’s broad definition. natural goods or manufactured goods as originating. where a given quality. The Geographical Indications of Goods (Registration and Protection) Bill. the application must be made by an association of persons or producers or any organization or authority established by or under a law for in force that represents the interests of the producers of the goods concerned. However. 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.

the GI is a collective right of the community protected either by their group or state. helping art and artisans to survive. Dated 27 October 2003. a total of 120 products have been registered under the GI Act. as well as the Registrar of Geographical Indications. The Controller of Patents and Trademarks is the governing body for Registrar of Geographical Indications which is located in Chennai. This was soon followed by the registration of Pochampalli ikat (fabric) and Chanderi sari (textiles) on 31 December 2004 and 28 January 2005. it was filed by the Tea Board of India. It has been estimated that about 50000 products in India needs protection under GI. if any. 9 . respectively. Darjeeling Tea. Due to the special weather and soil conditions in the region. pledges and mortgages of any right arising out of registration of a geographical indication. This concept has also influenced the provision which prohibits assignments.that geographical indications are not built up by one individual but by a community of persons in a particular locality or region. After completion of all formalities. licensing. when tea was planted in the salubrious climate of the Darjeeling hills of Eastern India. The period of protection is for ten years which can be renewed indefinitely. The first application received by the Geographical Indications Registry was for Darjeeling tea. Pochampally Ikat. GI is a recognized Intellectual Property PR under the World Trade Organization's (WTO) TRIPS agreement. Till the end of March 2010. Whilst. The history of Darjeeling tea goes back to the 18th century. The application was examined by a consultative group comprising legal and technical experts. transmissions. Jasmin Rice etc. Darjeeling tea has a unique taste. which include agricultural products. Examples of geographical Indication in India: Basmati Rice. manufactured products and textiles. Patents belong to individuals. It was also advertised inviting oppositions. Darjeeling tea became the first registered geographical indication of India on 29 October 2004. an authority established by the government. handicrafts.

For example. Similar protection must be given to geographical indications identifying spirits. This applies even where the public is not being misled. two basic obligations on WTO member governments relating to GIs in the TRIPS agreement: 1. "style". governments of all WTO member countries (151 countries As of August 2007) had agreed to set certain basic standards for the protection of GIs in all member countries. in effect. 2. "imitation" or the like. 10 . Measures to implement these provisions should not prejudice prior trademark rights that have been acquired in good faith. Article 24 of TRIPS provides a number of exceptions to the protection of geographical indications that are particularly relevant for geographical indications for wines and spirits (Article 23). Says that all governments must provide the owners of GI the right. Members are not obliged to bring a geographical indication under protection where it has become a generic term for describing the product in question. where there is no unfair competition and where the true origin of the good is indicated or the geographical indication is accompanied by expressions such as "kind". under their laws.PROVISIONS OF TRIPS In 1994. and. This includes prevention of use of a geographical name which although literally true "falsely represents" that the product comes from somewhere else. "type". when negotiations on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS") were concluded. to prevent the use of a geographical indication identifying wines not originating in the place indicated by the geographical indication. There are. Says that all governments must provide legal opportunities in their own laws for the owner of a GI registered in that country to prevent the use of marks that mislead the public as to the geographical origin of the good. under certain circumstances — including long-established use — continued use of a geographical indication for wines or spirits may be allowed on a scale and nature as before.

that is opposed by other governments including the United States who question the need to extend the stronger protection of Article 23 to other products. so can a handloom silk get hurt by a claim by a product from a different region.In the Doha Development Round of WTO negotiations. as well as the natural goods sector. This is a controversial proposal. to deliver the consumer benefit that is the fundamental objective of GIs laws. Having such a register for wines and spirits alone will be of no use to countries like India. They are concerned that Article 23 protection is greater than required. These governments argue that extending Article 23 will increase the protection of these marks in international trade. besides protecting consumer interests. Negotiations are also underway on the establishment of a multilateral register for wine and spirit GIs. Some governments participating in the negotiations (especially the European Communities) wish to go further and negotiate the inclusion of GIs on products other than wines and spirits under Article 23 of TRIPS. handloom textiles and food products. The tool ought to be equally available for all products as in the case of patents and trademarks. India Seeks Strong GI Protection for All Products at the WTO Since its strength is in products other than wines and spirits. launched in December 2001. There is no rationale for limiting an international register to wines and spirits only when there are geographical indications in so many different fields. in most cases. A geographical indication is a marketing tool. and this kind of distinction has not been made in the other intellectual property rights. such as agriculture and manufacture. If a wine’s reputation and market can be hurt by the claim of another wine that it is some kind of a variation of the former. WTO member governments are negotiating on the creation of a ’multilateral register’ of geographical indications. whose traditional strengths are in handicrafts. India has been consistently arguing in the TRIPS Council for an extension of the multi-lateral register to all products.1 for GIs denoting wines and spirits should be extended to all products. however. 11 . Two levels of protection for one form of intellectual property is in itself not logical. India has been arguing in the TRIPS Council for that the higher level of protection provided under TRIPS Article 23.

1999’ (GI Act). However. where the majority developing country populations still live. it has been left to the discretion of the central government to decide which products should be accorded higher levels of protection. For the large number of artisans engaged in the production of such products this will also be a social boost. the central government has established the Geographical Indications Registry with all-India jurisdiction. and the ‘Geographical Indications of Goods (Registration and Protection) Rules. along with the GI Rules. other WTO members are not obligated to ensure Article 23-type protection to all Indian GI. with effect from 15 September 2003. Artisans may. in the GI Act does not restrict itself to wines and spirits. need help from governments in developing their marketing strategies. 12 . These countries need to look into their products which bear geographical indication tags and urge the international community to make the necessary amendments to the TRIPS Agreement so that their domestic producers gain economically. which came into force. This approach has deliberately been taken by the drafters of the Indian Act with the aim of providing stringent protection as guaranteed under the TRIPS Agreement to GI of Indian origin. at Chennai. The legislations which deals with protection of GI’s in India are ‘The Geographical Indications of Goods (Registration & Protection) Act. help to some extent the preservation of local culture and traditional knowledge. but also in most other developing countries legal protection for geographical indications is of comparatively recent origin. as these are tangible expressions of culture. Further. the protection afforded by GIs for handicrafts.Not only in India. India enacted its GI legislations for the country to put in place national intellectual property laws in compliance with India’s obligations under TRIPS. Unlike TRIPS. Under the purview of the GI Act. Rather. handlooms and food stuffs. perhaps. where right-holders can register their GI. thereby leaving room for their misappropriation in the international arena. 2002 (GI Rules). THE INDIAN GI ACT India has put in place a sui generis system of protection for GI with enactment of a law exclusively dealing with protection of GIs. a recognition for their skill which has local roots. But any investment in the sector is likely to boost the rural economy.

‘Malabar pepper’ and ‘Alleppey Green Cardamom’ from Kerala.The definition of GI included in Section 1(3) (e) of the Indian GI Act60 clarifies that for the purposes of this clause. ‘Nakshi Kantha’ from West Bengal. PRODUCT-WISE DISTRIBUTION OF GI'S REGISTRATION Product-wise distribution of GI's registration 8% 23% Handlooms and Handicrafts Agriculture 69% Others 13 . such as ‘Basmati’. ‘Allahabad Surkha’ from Uttar Pradesh. ‘Cora Cotton’ from Tamil Nadu. There is many more Indian GI in the pipeline for registration under the GI Act. Kashmir Pashmina (shawls). Kancheepuram silk (textiles). Kondapalli (toys). Chanderi (sarees). ‘Monsooned Malabar Coffees’ from Karnataka and Kerala. This provision enables the providing protection to symbols other than geographical names. GI’s registered during 2007-08 include ‘Muga Silk’ from Assam. as the case may be. STATUS OF GI REGISTRATIONS IN INDIA Around 65 GI’s of Indian origin have already been registered with the GI Registry. ‘Madhubani paintings’ from Bihar. region or locality of that country “shall” also be considered as a GI if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country. These include GI like Darjeeling (tea). and Mysore (agarbattis). region or locality. Ikat (textiles). any name which is not the name of a country. Pochampalli.

REGISTRATION PROCESS 14 .

CLASSIFICATION OF GOODS I. printers and artists 15 . For determining the classification of particular goods and for full disclosure of the content of international classification. They correspond to the major content of each class and are not intended to be exhaustive in accordance with the International Classification of Goods. science. unprocessed artificial resins. preservatives against rust and against deterioration of wood. The goods mentioned in the Fourth Schedule only provide a means by which the general content of numbered international classes can be quickly identified. III. reference may be made to the alphabetical index of goods if any. agriculture. For the purposes of the registration of a geographical indication or as an authorized user. horticulture and forestry. manures. decorators. NAME OF THE CLASSES Class 1: Chemical used in industry. varnishes. mordents. II. tempering and soldering preparations. chemical substances for preserving foodstuffs. metals in foil and powder form for painters. tanning substances. Where goods of more than one class are set out in an application for which only one application fee has been paid. the Registrar shall require the applicant to amend the application in order to restrict the goods to a single class. raw natural resins. fire extinguishing compositions. lacquers. unprocessed plastics. colorants. published by the Registrar under sub-section (3) of section 8 or the current edition of International Classification of Goods for the purpose of registration of trade marks published by the World Intellectual Property Organization or any subsequent edition as may be available. goods shall be classified in the manner specified in the Fourth Schedule. adhesive used in industry Class 2: Paints. photography.

wetting and binding compositions. razors Class 9: Scientific. side arms. automatic vending machines and mechanisms for coinoperated apparatus. incubators for eggs Class 8: Hand tools and implements (hand-operated). life saving and teaching apparatus and instruments. transportable buildings of metal. dental wax. veterinary and sanitary preparations. weighing. calculating machines. cash registers. scouring and abrasive preparations. dentifrices Class 4: Industrial oils and greases. dust absorbing. agricultural implements other than hand-operated. disinfectants. optical. candles. pipes and tubes of metal. soaps. recording discs. perfumery. cutlery. data processing equipment and computers. electric. food for babies. metal building materials. transmission or reproduction of sound or images. hair lotions. checking (supervision). plasters. surveying. ironmongery. measuring. fungicides. motors and engines (except for land vehicles). polishing. materials for dressings. goods of common metal not included in other classes. magnetic data carriers. small items of metal hardware. cinematographic. machine coupling and transmission components (except for land vehicles). ores Class 7: Machines and machine tools. cleaning. materials for stopping teeth. wicks Class 5: Pharmaceutical. apparatus for recording. herbicides Class 6: Common metals and their alloys. materials of metal for railway tracks. fuels (including motor spirit) and illuminants. photographic. lubricants. safes. non-electric cables and wires of common metal. cosmetics. fire extinguishing apparatus 16 . preparation for destroying vermin. nautical. signaling. essential oils. dietetic substances adapted for medical use.Class 3: Bleaching preparations and other substances for laundry use.

refrigerating. ammunition and projectiles. horological and other chronometric instruments Class 15: Musical instruments Class 16: Paper. cooking. plastics in extruded form for use in manufacture. precious stones. photographs. asbestos. printers' type. dental and veterinary apparatus and instruments. steam generating. bookbinding material. gum. not of metal 17 . gutta percha. apparatus for locomotion by land. stationery. adhesives for stationery or household purposes. printing blocks Class 17: Rubber. playing cards. heating. jewellery. paint brushes. stopping and insulating materials. not included in other classes. drying ventilating. orthopedic articles. artists’ materials. cardboard and goods made from these materials. instructional and teaching material (except apparatus). typewriters and office requisites (except furniture). mica and goods made from these materials and not included in other classes. eyes and teeth. water supply and sanitary purposes Class 12: Vehicles. suture materials Class 11: Apparatus for lighting. explosives. plastic materials for packaging (not included in other classes). printed matter. fire works Class 14: Precious metals and their alloys and goods in precious metals or coated therewith. not included in other classes. artificial limbs.Class 10: Surgical. flexible pipes. air or water Class 13: Firearms. medical. packing.

Class 25: Clothing. reed. raw fibrous textile materials Class 23: Yarns and threads. headgear Class 26: Lace and embroidery. mother. animal skins. sacks and bags (not included in other classes) padding and stuffing materials (except of rubber or plastics). artificial flowers 18 . asphalt. pins and needles. nets. meerschaum and substitutes for all these materials. whips. sails. string. brushes(except paints brushes). shell. steelwool. or of plastics Class 21: Household or kitchen utensils and containers(not of precious metal or coated therewith). mirrors. ribbons and braid. (non-metallic). monuments. cork. buttons. trunks and travelling bags. and goods made of these materials and not included in other classes. awnings. umbrellas. porcelain and earthenware not included in other classes Class 22: Ropes.of-pearl. ivory. non-metallic transportable buildings. bone. non-metallic rigid pipes for building. Class 20: Furniture. not included in other classes.Class 18: Leather and imitations of leather. cane. horn. pitch and bitumen. unworked or semi-worked glass (except glass used in building). glassware. bed and table covers. footwear. harness and saddler Class 19: Building materials. amber. goods(not included in other classes) of wood. wicker. brush making materials. whalebone. for textile use Class 24: Textiles and textile goods. articles for cleaning purposes. tarpaulins. picture frames. not of metal. hooks and eyes. parasols and walking sticks. hides. combs and sponges. tents.

bread. spices. malt Class 32: Beers. tapioca. live animals. linoleum and other materials for covering existing floors. and other non-alcoholic drinks. wall hangings (non-textile) Class 28: Games and playthings. preserved. mustard. ices. sauces. gymnastic and sporting articles not included in other classes. sugar. sago. meat extracts. edible oils and fats Class 30: Coffee. matches 19 . (condiments). artificial coffee. horticultural and forestry products and grains not included in other classes. vinegar. jellies. jams. seeds. baking powder. smokers’ articles. milk and milk products. pastry and confectionery. mats and matting. cocoa. fresh fruits and vegetables. fruit drinks and fruit juices. mineral and aerated waters. foodstuffs for animals. salt. dried and cooked fruits and vegetables. rugs. tea. poultry and game. natural plants and flowers. flour and preparations made from cereals. eggs.Class 27: Carpets. fruit sauces. treacle. yeast. fish. syrups and other preparations for making beverages Class 33: Alcoholic beverages (except beers) Class 34: Tobacco. honey. decorations for Christmas trees Class 29: Meat. ice Class 31: Agricultural. rice.

Carpets.21&34 20 . Rugs.25& 27 24 14 24 24 24 24 23. Busts made of metal. readymade garments. Name of GI 1 2 3 4 5 6 7 8 9 10 11 12 14 15 Darjeeling (Word) Darjeeling (Logo) Aranmula Metal Mirror Pochampally Ikat Salem Fabric Payyannur Pavithra Ring Chanderi Sarees Solarpur Chaddar Solarpur Terry Towel Kotpad Handloom Fabric Mysore Silk Kota Doria Basmati Rice Kancheepuram Silk Class 30 30 20 24. Mats and Mattings Rice Agarbathi/Oodabathi Textiles and Textile Goods Boxes.25 24.SOME OF GI APPLICATION DETAILS GI Application No.24. Trays. rugs and Mats Textile and Textile Goods Jewellery Sarees Textiles and Textile Goods Textiles and Textile Goods Textiles and Textile Goods Raw Silk Yarn.25 30 24. Statues. Textiles and Textile Goods including Sarees. ties Textiles and Textile Goods Rice Textiles and Textile Goods. Flower vase.25 Goods Tea Tea Metal Mirror Textiles and Textile Goods including Sarees and Rumal. Clothing including Sarees and Rumal Textiles and Textile Goods. Carper. cigar can and Ashtrays made of metal 16 17 13 & 18 19 Bhavani Jamakkalam Navara Rice Mysore Aagrbathi (Word and Logo) Kullu Shawl 24. made-ups. Statuettes.27 30 3 24 20 Bidar 6.

Partition Screens & Veneer of Wood Statues.Orange Horticulture Product – Betel Vine Horticulture Product . Clothing.27.20. Bags. Cloth Envelopes. Jhoolas (Swings) & Toys 30 Tea 7 26 Coimbatore Wet Grinder Phulkari Embroidery Textiles and Textile Goods.24.25 28 24 25 26 27 Mysore Rosewood Inlay Kangra Tea Wet Grinder Phulkari Doors.25.28 Furniture. Wall Hangings of Wood.Karnataka Mysore Traditional Paintings Horticulture Product . Textiles and Textile Goods. Clothing Toys and Dolls 22 23 Orissa Ikat Channapatnam Toys and Dolls 23. Furnishings.27 29 30 31 32 33 34 35 36 Mysore Sandalwood Oil (Word & Logo) Mysore Sandalwood Oil (Word & Logo) Kasuti Embroidery Mysore Traditional Paintings Kodagina Kinale (Coorg Mandarin) Mysore Betal Vine Nanjanaguda Rasabale (Banana) Palakkadan Matta Rice 3 3 26 16 31 31 31 30 21 . Statuettes of wood & 19. Wall Panels. Wall Paintings Sandalwood Oil Mysore Sandal Soap Kasuti Embroidery.21 Madurai Sungudi 24&25 Textiles and Textile Goods. covers. Clothing including Sarees and Rumal Yarn & Threads tied and Dyed for Textile use. Wall Hangings. Handicraft items.Banana Rice 28 Kalamkari 24.

Traditional ingenious creativity and meticulous artistry blends together to form this exclusive cloth. KATHAMPULLY SAREES At present the Kuthampully Sarees are manufactured Kuthampully as well as villages of Palakkad district also. the weaving activity has reached the zenith and is now not restricted to limited boundaries but to a wider region. The adept hands of the weavers of Paithan. The Bhadohi carpet obtained the Geographical Indication (GI) in September. PAITHANI SAREES Paithani Sarees is known for its elaborate designs on pallu and edgings. 22 . The hand-woven carpet helps in creating exclusive designs and colours. They are also recyclable.000 weavers have been employed in the manufacturing of these conventional assets of the country.REGISTRATIONS IN 2010 BHADOHI CARPET Bhadohi is the exporter of carpets worth `25 billion to other nations of the world and this region employs workforce of about 3. bed linens and home textiles.2 million workers. The making of these Sarees is done with superior cotton fabrics. Due to the profitability derived out from the production and sale of cotton handloom clothes in Kuthampully. The patterns in the carpets convey different meanings like the rounded patterns suggest eternity and the zigzag pattern indicates water and radiance. More than 35. Yeola and regions of Aurangabad and Nasik districts of Maharashtra not only produce brocades and sarees but they also create amazing products of dress materials. The product has been granted with GI Tag in September. 2010. The handloom industry for Kathampully sarees provides employment to a large number of families providing handful of support to feeble segments of the society. natural wool and silk. 2010. Images on pallu are inspired from the caves of Ajanta. The industry uses eco-friendly raw materials like cotton.

The floral or animal motif is engraved on to a wooden block. The imprinted block is pressed on to a piece fabric dipped in dye and the motif is printed on fabric at regular intervals. It has a unique Sanganeri hand block prints on dress material as well as home furnishing. SANGANERI HAND BLOCK PRINTED TEXTILES Sanganeri hand block printed textiles received its GI certificate on 19 March 2010. The traditional Kasargod Sarees are woven with dyed cotton fine yarn or silk yarn. The Sarees either have check design with broad and bright border or unadorned Saree with simple Butta designs. 23 . Kasaragod Sarees both Cotton and Silk are the most famous hand-woven item produced here. GI certificate jointly with brand building and suitable promotional ideas can perk up earnings of the producers.  Artisans are protected from gratuitous competition.KASARGOD SAREES Kasaragod cluster products differ from products made out of fine cotton yarn to coarser yarn. ADVANTAGES OF GI REGISTRATION  It provides legal protection against any act of contravention  The registered producers or the users can file a complaint against the contravention  It helps to increase exports and opulence of the producers  It helps in seeking protection in other WTO registered nation  The registration safeguards the interests of the manufacturers and shields the consumers from frauds and deceptions  The GI tag secures consumers from uncertainty of imitations. The same method is recurred to make different prints on the fabric.

IMPACT OF THE REGISTRATION  Brand building is essential for commercially influencing the GI  Increase in prices and vending of GI products  Momentous increase in income of producers of GI products  Kota Doria weavers' income has tripled during last one and half year  Product assortment of GIs keeping in mind the preservation of product uniqueness and superiority LIMITATIONS  Potential products in rural areas  Lack of awareness  Stakeholders with little or no education  Producers belong to socially and economically deprived groups  Lack of Motivation 24 .

No. especially in view of the significant post-registration challenges. Handlooms and Handicrafts sector in India is dealing with. when GI registration and its management is envisioned as a component of a pronged strategic intervention aimed at an overall development of a handloom or handicraft cluster. of Items 25 . We can clearly see in the graph that the registrations have increased. However. We are well known with the comprehensive problems. It is pretty improbable that GI registration alone would be able to make momentous opportunity for growth in the livelihood of the artisans.CONCLUSION: GI Registration Progress 30 25 20 15 10 5 0 2006-07 2007-08 2008-09 Years 2009-10 april 2010sept 2010 Here is the graphical representation showing the number of Handicraft items registered under GI year on year. GI may turn out to be a useful instrument in adding towards the renaissance of this catastrophic segment of the Indian economy.

reputation or other characteristic of the product is essentially attributable to its geographical origin. In the legal sphere. where a given quality. countries are seeking to protect Geographical Indications as geographical indications. Darjeeling tea is India’s treasured Geographical Indication and forms a very important part of India’s cultural and collective intellectual heritage. or a region or locality in that territory. collective marks or certification marks.Case study: The Protection of Geographical Indication in India Case Study on ‘Darjeeling Tea’ DARJEELING TEA – a Geographical Indication Under international law. It is of considerable importance to the economy of India because of the international reputation and consumer recognition enjoyed by it. 26 . geographical indications mean indications which identify a product as originating in the territory of a member.

1999: DARJEELING word and logo were the first Geographical Indications to be registered in India in the name of the Tea Board: (iii) The Copyright Act. 1957: The DARJEELING logo is copyright protected and registered as an artistic work with the Copyright Office. The Tea Board has been engaged on a world-wide basis in the protection and preservation of this treasured icon of India’s cultural heritage as a geographical indication. including Darjeeling. India under the Tea Act. To assist the Tea Board in its role of authenticating regional origin of Darjeeling tea. are administered by the Tea Board. (ii) The Geographical Indications of Goods (Registration and Protection) Act. the Tea Board has had sole control over the growing and exporting of Darjeeling tea and it is this control which has given rise to the reputation enjoyed by Darjeeling tea. it has developed the following logo – known as the DARJEELING logo: (DARJEELING Logo) At a legal level. 1953. 27 .TEA BOARD. Since its establishment. INDIA All teas produced in the tea growing areas of India. Tea Board is the owner of all intellectual property rights in the DARJEELING word and logo both in common law and under the provisions of the following statutes in India: (i) The Trade Marks Act 1999: DARJEELING word and logo are registered certification marks of Tea Board.

as a community collective mark in the EU and as a collective mark in Germany and Japan. is determined to have the distinctive and naturally occurring organoleptic characteristics of taste.Use of the DARJEELING word and logo are protected as Geographical Indications in India and as Certification Trade Marks in UK. Luxembourg. USA and India. Italy. aroma and mouth feel typical of tea cultivated. Tea Board has pending applications for registration of the Darjeeling word as a certification mark in Australia. b) Has been cultivated. Spain. c) Has been processed and manufactured in a factory located in the defined geographic area. As a pre-requisite for domestic and international protection of Darjeeling as a certification trademark and a geographical indication. grown or produced in the 87 tea gardens in the defined geographic areas and which have been registered with the Tea Board. The DARJEELING word is also registered as a trademark in Russia. grown and produced in the region of Darjeeling. A major development in this area is the registration of the Darjeeling word as a community collective mark in the European Union. The DARJEELING logo is registered in Belgium. India. the Tea Board has formulated and put in place a comprehensive certification scheme wherein the definition of Darjeeling tea has been formulated to mean tea that: a) Is cultivated. grown or produced in one of the said 87 tea gardens. Portugal. Netherlands. Egypt and Lebanon as a collective mark. former Yugoslavia. Germany. Austria. 28 . as a trademark in Japan and Russia. Switzerland. France. and d) When tested by expert tea tasters. in Canada as an official mark.

This licensing program affords the Tea Board the necessary information and control over the Darjeeling tea industry to ensure that tea sold under the certification marks adheres to the standards for DARJEELING tea as set forth by the Tea Board. The use of Darjeeling tea in multi-origin mixtures made subject to correct labeling requirements to protect the customer against any deception or confusion. only 100% Darjeeling tea is entitled carry the DARJEELING logo. detailed inspection procedures put in place to ensure the integrity and purity of the supply chain for grant of the Certificate of Origin by the Tea Board. While purchasing Darjeeling tea. tea sold as Darjeeling tea in India and worldwide is genuine Darjeeling tea produced in the defined regions of the District of Darjeeling and meets the criteria laid down by the Tea Board & b. you need to look for Tea Board’s certification and license number otherwise you will not get the taste and character that you should expect from Darjeeling tea. At the administrative level. The use of the expression “blended Darjeeling tea” or its variants restricted to a blend of Darjeeling teas only drawn from more than one tea garden within the definition of Darjeeling tea. Tea Board has taken the flowing steps to ensure the supply chain integrity of Darjeeling tea. Labeling guidelines formulated and issued to govern and regulate use of Darjeeling name and logo marks as part of trademarks and thus prevents any misuse thereof for teas other than Darjeeling tea. All sellers of genuine Darjeeling tea are duly licensed. 2001 issued making all exports of Darjeeling Tea subject to mandatory proof of such certificate of origin. Thus. While the efforts to obtain statutory protection in the DARJEELING word and logo are an essential part of the strategy to protect the integrity of Darjeeling tea. Customs Notification dated June 25. a major plank of all the 29 .The certification scheme put in place by the Tea Board covers all stages from the production level to the export stage and meets the dual objective of ensuring that a.

Japan. Lebanon. Germany. USA more than one action is pending. UK and USA.initiatives undertaken by the Tea Board has been to prevent dilution of the integrity of Darjeeling tea in the following ways: preventing dealings in tea which is not drawn from any of the 87 gardens or which is a mixture of non-Darjeeling and Darjeeling teas and sold under and by reference to the name DARJEELING and/or DARJEELING logo. Bangladesh. over 20 legal notices have been served and 15 oppositions have been filed. Russia. legal notices. several instances of misuse and attempted registrations have been found and challenged by the Tea Board by way of oppositions/invalidation/cancellation actions. Oman. Estonia. 30 . Some classic instances of misuse/abuse of the Darjeeling logo and name (Source: Darjeeling Tea Association) These actions covered countries like Bahrain. Latvia. Belarus. Israel. Based on feedback received from the World Wide Watch agency CompuMark which was appointed in 1988 to monitor conflicting marks globally and in the last couple of years. Norway. In India. Lithuania. In some countries like France. court actions and domain name cancellations against third party misuse of Darjeeling. France. Canada. Germany. This is also part of India international obligations under TRIPS which mandates that no country is obliged to protect Geographical Indications unless it is demonstrated that such Geographical Indications enjoy home protection in their countries of origin. action against attempted registration and/or use of Darjeeling not only in respect of tea or related products but other diverse dissimilar products or services as well. Kuwait. Sri Lanka. Taiwan.

the Tea Board of India. along with a processing unit within the same region (close to the plantation). i. quality of final product. In order to obtain this certificate. competence. while ISO 22000 is concerned with hygienic factory conditions. processing method as described in the standard operating procedures etc. On the basis of this contract. he or she must comply with all the required criteria – production zone.  No tea of any origin other than the delimited Darjeeling tea zone may be sold under the name Darjeeling and no blend of Darjeeling tea with tea of non.e.  Exporters of Darjeeling tea must collect the certificate of origin from the Tea Board of India.  The product must be manufactured in accordance with provisions laid down in the Prevention of Food Adulteration Act. the Tea Board can take action against any infringement of regulations.  Each producer must have his or her own growing unit (estate or garden) within the defined region of Darjeeling.  The tea produced and sold must undergo an organoleptic evaluation process by expert tea tasters who are competent to evaluate it on behalf of the proprietor of the GI.  Each producer must have a certificate of origin from the Tea Board.Darjeeling origin is permissible. The hazard analysis and critical control points (HACCP) certification process ensures the safety of the product. It must satisfy the required quality and safety tests. 31 .GI REQUIREMENTS Darjeeling tea stakeholders have to meet the following requirements in order to be legitimate users of the Darjeeling tea GI:  Each stakeholder in the supply chain must be licensed by the Tea Board of India through a mandatory contract. which are important components in obtaining the certificate of origin.

though slow moving in a lot of cases. 32 . The Tea Board has been partnering with tea importing communities like Germany and the United Kingdom in this venture. there is an increasing awareness of the name Darjeeling as a protected entity. Member countries of he WTO are operating in an environment where the multilateral Registry under the WTO is yet to take shape and GIs other than wines and spirits are seeking additional protection under Article 23 of Trips. Public relations and educational communication materials are spreading the awareness of Darjeeling Tea worldwide as well as in India. which are currently self declaratory. have had a cumulative effect.THE STEPS FORWARD The next phase in the protection of Darjeeling tea involves monitoring the movement of green leaf and the extension of the certification system to overseas markets. These measures. The economies however require to make sense both in terms of value addition as well as import duty rates for packet tea vis a vis bulk. An online system is intended for the purpose in order to encourage ease of use and minimize paper work. There is no doubt that it would be in the best interests of industry to export a value added product. the Tea Board is holding festivals in various export markets and running Darjeeling tea promotions together with retail chains and specialty restaurants. worldwide. Today. The issue of registration in different jurisdictions and seeking redressal according to the legal requirements of each country remains a challenge that Tea Board has had to face. In the meantime to promote Darjeeling tea and consolidate its equity along with increasing consumer awareness about Darjeeling as a Geographical Indication.

org/english/res_e/booksp_e/casestudies_e/case16_e.com/2008/10/11/protecting-the-geogra http://www.thehindu.org/english/tratop_e/gi_background_e.wto.com/darjeeling/darjeeling/fact/tea/teaindus.htm http://www.ac.iift.in/girindia/ http://teaboard.com/thehindu/biz/2007/02/05/stories/2007020501161700.References www.darjnet.htm http://beacononline.wto.htm http://wtocentre.nic.in 33 .in/ http://ipindia.wordpress.htm http://www.gov.