GEOGRAPHICAL INDICATIONS- DEFINITION

• It is an indication.
• It originates from a definite geographical territory.
• it is used to identify goods having special characteristics
originating from a definite geographical territory
• It is used to identify agricultural, natural or
manufactured goods.
• The manufactured goods should be produced or
processed or prepared in that territory.
• It should have a special quality or reputation or other
characteristics.
 BENEFITS OF GIs
• It confers legal protection.
• Prevents unauthorized use of a Registered
Geographical Indication by others.
• It promotes economic prosperity of producers of
goods produced in a geographical territory.
• Boosts the export
• Can serve as source-identifiers for consumers.
Helps the producers develop consumer loyalty.
• Plays a role in consumer decisions, including
willingness to pay a higher price for regionally
branded food products.
 EXAMPLES OF GIs INDIA
•Basmati rice
•Mysore silk
•Mysore sandalwood oil
•Mysore sandal soap
•Mysore jasmine
•Coorg orange
•Madhubani paintings
•Darjeeling tea
•Dharwad pedha
•Alphonso mango
•Tirupathi laddu
•Kolhapuri chappal
•Nanjangud banana

WORLD •Canadian whisky •Swiss watches •Florida oranges •Champagne •Tequilla.

 Who can apply for the registration of a
geographical indication?
• Any association of persons, producers, organization
or authority established by or under the law can
apply
• The applicant must represent the interest of the
producers
• The applicant should be in writing in the prescribed
form
• The applicant should be addressed to the Registrar of
Geographical Indications along with prescribed fee
 Is the registration of a Geographic Indication
compulsory and how does it help the applicant

• Registration is not compulsory

• Registration affords better legal protection to
facilitate an action for infringement
• The registered proprietor and authorized users can
initiate infringement actions.
• The authorized user can exercise the exclusive right to
use the Geographical Indication
• The registration of a geographical indication is valid
for a period of 10 years and renewed from time to
time
 Is Geographical Indication intellectual
property?
• Geographical indications are, for purposes of
the TRIPS Agreement, a type of intellectual
property ("IP"). ...
• Finally, for purpose of the TRIPS Agreement,
GIs are intellectual property, eligible for relief
from acts of infringement and/or unfair
competition
 How do you protect geographical
indications?
• In accordance with international treaties and
national laws under a wide range of concepts:
• special laws for the protection of geographical
indications or appellations of origin
• trademark laws in the form of collective marks or
certification marks
• laws against unfair competition
• consumer protection laws, or
• specific laws or decrees that recognize individual
geographical indications
 Who is an authorised user?

• Sn 2(b) “authorised user” means the authorised user

of a geographical indication registered under section
17

• producer of goods can apply for registration as an

authorised user
• It must be in respect of a registered geographical
indication
• He should apply in writing in the prescribed form
alongwith prescribed fee
• Sn 17. Application for registration as
authorised user.—
(1) Any person claiming to be the producer of
the goods in respect of which a geographical
indication has been registered under section 16
may apply in writing to the Registrar in the
prescribed manner for registering him as an
authorised user of such geographical indication.
• Sn 2 (k) “producer”, in relation to goods, means any
person who,—
(i) if such goods are agricultural goods, 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, and includes any person who
trades or deals in such production, exploitation, making or
manufacturing, as the case may be, of the goods;
Who is a producer in relation to a Geographical Indication?

• The persons dealing with three categories of

goods are covered under the term Producer:
• Agricultural Goods includes the production,
processing, trading or dealing
• Natural Goods includes exploiting, trading or
dealing
• Handicrafts or Industrial goods includes
making, manufacturing, trading or dealing.
 What are Geographical Indications and
Appellations of Origin?
•  Geographical indication is the name of
a geographical region or a sign indicating that
a product or a service originate from a
specific geographical locality and possess
specific quality and characteristics attributable
to its geographical origin