UNDERSTANDING THE GEOGRAPHICAL INDICATIONS OF GOODS ACT, 1999

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INTRODUCTION:

Some regions around the world are known for their unique products, which generally

originate from those specific regions. The moment we think about any such region or a place,

those products may appear in front of our eyes. When it comes to Tirupati, after Lord Balaji,

we prefer the Tirupati Laddu. We all tend to buy Kolhapuri chappal, Darjeeling tea is our

favorite, and many more. What is that one thing common to all these products? They are all

geographical indications tagged products. Geographical Indications are used to protect these

products in the market, preventing misrepresentation, confusion, and exploitation. This is

where the geographical indications act comes into the picture to act as a safeguard to those

region-based products.

ORIGIN OF GEOGRAPHICAL INDICATION ACT:

The government of India enacted the Geographical Indications (Registration and Protection)

Act, 1999 (hereafter referred as “GI Act”) under sui generis (of same kind) principle in

compliance with the Trade Related Aspects of Intellectual Property Rights (TRIPS)

agreement which has been made to protect the intellectual property rights such as

Trademarks, Copyrights and Geographical Indications etc. The GI Act was enacted on 30

December 1999; however, it came into force on 15 September 2003.

DEFINITION OF GEOGRAPHICAL INDICATIONS:

The definition of Geographical Indications is given under section 2 (1) (e) of the GI Act.

Geographical indication is given to goods such as agricultural goods, natural goods or

manufactured goods which originate or are manufactured in the territory of a country, or a

region or locality in that territory and the goods which have quality, reputation or other

characteristic and the goods which are manufactured should the activities of either the

production or of processing or preparation of the goods takes place in such territory, region or

locality.

EXAMPLES:

 Basmati Rice

 Darjeeling Tea

 Kanchipuram silk saree

 Nagpur orange

 Kolhapuri chappal

 Bikaneri bhujia

 Agra petha, etc. 

REGISTRATION PROCESS:

1.     Who can file an application?

According to section 11 of the GI Act, an application for the Geographical Indication tag can

be filed by any association of persons or producers or any organization or authority

established by or under any law for the time being in force, representing the interest of the

producers of the concerned good.

2.     To whom can the application be made?

According to section 11 of the GI Act, an application can be filed before the Registrar of

Geographical Indications.

3.     Contents of the application

According to the section 11 of the GI act, the application must be made in an appropriate

form containing the nature, quality, reputation or other characteristics of which are due

exclusively or essentially to the geographical environment, manufacturing process, natural

and human factors, map of territory of production, appearance of geographical indication

(figurative or words), list of producers, along with prescribed fees.

4.     Scrutiny of application

The examiner will make a preliminary scrutiny for deficiencies. In case of deficiencies, the

applicant has to remedy them within a period of one month from the date of communication.

The Registrar may accept, partially accept, or refuse the application. In case of refusal, the

Registrar will give written grounds for non-acceptance. The applicant must file a reply within

two months. In case of re-refusal, the applicant can make an appeal within one month of such

a decision.

5.     Publication in the geographical indication journal

According to section 13 of the GI Act, after examination, the application has to be published

in the Geographical Indications Journal. It acts as a public notice and allows the people to

raise their objections.

6.     Opposition to registration

According to section 14 of the GI Act, anyone can oppose the registration within three

months from the date of advertisement.

7.     Registration

According to Section 16 of the GI Act. If no valid opposition to the application, the Registrar

will grant a certificate of registration to the applicant and authorised users.

RIGHTS UNDER THE GEOGRAPHICAL INDICATION ACT:

Section 21 of the GI Act confers rights on the registered proprietor of the geographical

indication and the authorized user or users.

If the registration of a Geographical Indication is valid, the registered proprietor and the

authorized user or users obtain relief in respect of infringement of the geographical

indication. Moreover, the authorized user will have the exclusive right to use the

geographical indication.

INFRINGEMENT OF THE GEOGRAPHICAL INDICATIONS ACT:

This is given under section 22 of the GI Act. Infringement can be caused when an

unauthorised user uses a geographical indication that indicates or suggests that such goods

originate in a geographical area other than the true place of origin of such goods in a manner

which misleads the public as to the geographical origin of such goods. When the use of a

geographical indication results in unfair competition, including passing off in respect of a

registered geographical indication. When the use of another geographical indication results in

false representation to the public that goods originate in a territory in respect of which a

registered geographical indication relates.

FAQs:

1. Who is the registered proprietor?

A. Any association of persons, producers, organizations, or authorities established by or

under the law can be a registered proprietor.

2. Who is the authorized user?

A. A producer of goods can apply for registration as an authorized user, and those goods

should be related to the geographical indication.

3. How is the Geographical Indications tag different from the trademark?

A. A Geographical Indication tag is given to the products that originate from a definite

geographical region. Whereas, the trademark is used to distinguish the goods or services of

one enterprise from those of other enterprises.  

4. What is the validity of registration of a Geographical Indication tagged product?

A. The validity of a geographical indication tag is up to 10 years from the date of its

registration.  

5. Can the registration be renewed?

A. The Geographical Indication can be renewed after the expiration of the validity period.

Kurella Hari Krishna

3 rd year LLB (3YDC)

PLC