PROTECTION OF GEOGRAPHICAL INDICATION IN INDIA

INTRODUCTION

A geographical indication (GI) is a sign or a tag used on products having a specific geographical
origin and possess such specific qualities and reputation which are available and found on that
particular geographical area. It acts as a mechanism that helps producers differentiate their
products from competing products in the market and enables producers to build a reputation and
goodwill around their products that will fetch a premium price.1 Geographical Indication
generally, is granted to the products like agricultural, manufactured or having a natural origin,
handicraft gods having a definite place of origin. It identifies the product which originates from a
specific geographical area and could be found only on that area. The characteristics of that
product should have resemblance with the characteristics of that particular area from where it
originates. Article 22 of the TRIPS Agreements defines Geographical Indication as "indications
which identify a good as originating in the territory of a Member, or a region or locality in that
territory, where a given quality, reputation or other characteristic of the good is essentially
attributable to its geographical origin"2

LEGAL FRAMEWORK

As a party to the TRIPS Agreement, India is required to protect GI and hence in order to fulfill
that obligation, the Geographical Indications of Goods (Registration and Protection) Act, 1999
was enacted. Also, it was felt that there are the products in India bearing high potential and
concerned area as well as the country could be benefitted in many ways by the registration of GI.
Hence, it was necessary to put in place a comprehensive legislation for registration and for
providing adequate protection for GI.

The object of the Geographical Indications of Goods (Registration and Protection) Act, 1999, is
three fold,

1. By specific law governing the geographical indication of goods in the country which
could adequately protect the interest of producers of such goods,
1
Nanda, N., I. Barpujari. 2012. Traditional knowledge and limits to GI, Post-TRIPS IPR Regime in India, March 2013
2
Article 22, Agreement on Trade Related Aspects of Intellectual Property Rights

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 2. To exclude unauthorized persons from misusing geographical indications and to protect
consumers from deception and,

3. To promote goods bearing Indian Geographical Indication in the export market.3

From the perspective of a developing country, one of the best features of the Indian Act is the
comprehensive definition given of GI, in which agricultural, natural and manufactured goods all
come under the ambit of GI. This is especially important in the Indian context considering the
wide variety of goods that is deserving of protection ranging from agricultural products like
Basmati, Darjeeling tea to manufactured goods such as Banrasi sari, Kolhapure chappals,
Chanderi silk etc. Section 11 of the Act provides that any association of persons, producers,
organization or authority established by or under the law can apply for registration of a GI

Section 25 of the Act, by prohibiting the registration of a GI as a trademark, tries to prevent

appropriation of a public property in the nature of a geographical indication by an individual as a
trademark, leading to confusion in the market. Also, according to section 24 of the Act, a GI
cannot be assigned or transmitted. The Act recognizes that a GI is a public property belonging to
the producers of the goods concerned; as such it cannot be the subject matter of assignment,
transmission, licensing, pledge, mortgage or any contract for transferring the ownership or
possession.

The Geographical Indication tag is granted as per the Geographical Indications of Goods
(Registration and Protection) Act, 1999. The application for GI is open to all the producers of
goods or an organization. The application must include the geographical map of the territory or
region in the country where the goods are manufactured and the class of goods to which it shall
apply. It should be in the prescribed form and a particular fee must be submitted with a signature.

The application will be scrutinized and examined by groups of authorities. It is compulsory to get
GI registered to claim any rights in respect of such indication. A product having a GI tag
prevents unauthorized use of products and upgrades financial gain to the producers by exporting
the products. A GI product price increases in the international market as the exports increase.

3
geographical Indications of Goods (Registration and Protection) Act, 1999

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In one of the landmark cases of  Tea Board of India Vs. ITC Ltd (2011)4. The defendant
fraudulently used the word ‘Darjeeling’ for naming one of its premises and misled the customers
to believe it was the place of origin which was not true. The Court held that using this name
could pose a great threat to the tea business of that place and hence the plaintiff moved an
interlocutory application for granting temporary injunction for using the name.

In the famous cases of Bikanerwala v. New Bikanerwala (2005)5 the Court held that using a
similar deceptive name for selling the product is an infringement of the right of the plaintiff. The
defendant named the shop ‘Agarwal Bikanerwala’ and used to deal in sweets and snacks and on
the other hand, the petitioner was using the word ‘Bikanerwala’ since 1981 and got registered in
1992. So, the Court restrained the defendant from selling, advertising any food material under
the unique mark/name.

IMPACT OF GI REGISTRATION

1. ENHANCES ECONOMIC GROWTH

The protection of geographical indications leads to the overall economic prosperity of the
manufacturers and producers. Furthermore, the marketing and promotion of the products with the
GI tags enhance the secondary economic activities in that specific region, which in turn boosts
the regional economic development. Last but not least, the protection of geographical indications
creates a positive image and reputation of the product in the minds of the consumers and rewards
the producers with incentives and better ROI.

2. PREVENTS UNAUTHORIZED USE OF GI TAGS

The registered holder of the GI tag has all the legal rights to prevent anyone not belonging to the
GI region from using their GI tags. The owners can also initiate legal proceedings against the
unauthorized user to save their reputation from being damaged.

3. EXPANDS BUSINESS

The prime purpose of registering a geographical indication is to seek protection for specific
products produced in a particular geographical region, which further encourages and motivates

4
GA No. 3137 of 2010 CS No. 250 of 2010
5
2005 (30) PTC 113 Del

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the marketers to expand their business at a global level. Furthermore, the protection of
geographical indications boosts exports and helps the producers in earning well for themselves.

4. INCREASES TOURISM

The protection of GI tags builds a global reputation for the products. People around the world
notice various GI products from different regions and get motivated to visit those regions and use
such products. Therefore, it helps in the growth of the tourism industry of that particular region
as well.

SIGNIFICANT GIs OF INDIA

Since the first Indian GI was registered in 2004, 300 GIs have been registered with the GI
Registry of India. Of these, more than half (64 per cent) are handicrafts, more than one fourth (26
per cent) are agricultural products, and the remaining are food and manufacturing product.6

Significant GIs of India include Darjeeling Tea, Pochampally Ikat of Andra Pradesh, Banaganapalle
mangoes of Andra Pradesh, Spices Such as turmeric and chillies of Kashmir, Gobindobhog Rice of West
Bengal and many others with Karnataka having the hightest number of GI tags i.e. 47.

CONCLUSION

The GI Act, which came into force, along with the GI Rules, with effect from 15 September
2003, has been instrumental in the extension of GI status to many goods so far. The central
government has established the Geographical Indications Registry with all-India jurisdiction, at
Chennai, where right-holders can register their GI. Unlike TRIPS, the GI Act does not restrict its
special protection to wines and spirits alone.

6
The Office of the Controller General of Patents, Designs, Trademarks, and Geographical Indications Annual Report
2015-16

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