Geographical Indications – Definition, Process, Benefits, Examples

What is Geographical Indication?

• A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation due to that origin. It helps identify goods based on the area where they are produced, emphasizing how the environment and local practices contribute to their unique characteristics.
• Under India’s Geographical Indications of Goods (Registration and Protection) Act, 1999, a GI is classified as an indication for agricultural, natural, or manufactured goods. The key feature of such products is that their quality, reputation, or distinctive features are closely tied to their place of origin. For manufactured goods, the Act specifies that at least one production process must take place within the geographical region to qualify for protection.
• The GI Act was enacted in response to India’s obligations under the World Trade Organization (WTO) and its Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). A GI tag grants exclusive rights to use the product name to registered users or those residing within the designated geographical area. This form of intellectual property protection ensures that only those authorized to use the GI can market goods under that name, helping to preserve the integrity of the region-specific product.
• By emphasizing the relationship between a product and its geographical origin, GIs provide both legal protection and a form of quality assurance for consumers, while also fostering economic growth for the regions associated with these products.

Definition of Geographical Indication

A Geographical Indication (GI) is a label used on products that have a specific origin and qualities, reputation, or characteristics linked to that location. It ensures that only products from that region can legally use the name associated with it.

Objectives of Geographical Indications

The objectives of Geographical Indications (GIs) are designed to protect the unique qualities and reputation of products associated with specific geographic regions. Below are the key objectives:

1. Protect Regional Heritage:
   GIs aim to safeguard products that have distinct qualities, reputation, or characteristics tied to a particular geographical location.
2. Prevent Misuse:
   GIs ensure that only authorized users or producers from the designated region can use the registered name, preventing unauthorized use and imitation.
3. Promote Economic Growth:
   By protecting region-specific products, GIs contribute to the economic prosperity of local producers, often enhancing market value and demand for these goods.
4. Encourage Fair Competition:
   GIs promote a level playing field in the marketplace by distinguishing authentic products from imitations, thereby ensuring fair competition.
5. Support Cultural Preservation:
   By recognizing the link between products and their geographic origin, GIs help preserve traditional knowledge, cultural practices, and methods of production tied to specific regions.
6. Enhance Consumer Trust:
   GIs provide assurance to consumers about the authenticity, quality, and origin of a product, fostering confidence in region-specific goods.
7. Promote Exports:
   Legal protection under GIs enhances the global reputation of products, leading to increased export opportunities for regionally distinct goods.

Registration process of Geographical Indication

The registration process of a Geographical Indication (GI) involves several key steps designed to ensure that the product’s origin, characteristics, and production methods are thoroughly documented and verified. The following outlines the process in detail:

1. Application Submission:
   Any association of producers, persons, or organizations representing the interests of the producers can apply for a GI registration. The application must include:
   • Description of the nature, quality, and reputation of the product.
   • Explanation of how these characteristics are linked to the geographical environment.
   • Details of the production process, including natural and human factors.
   • A map of the territory where the product is produced.
   • A depiction of the geographical indication, either as words or a figurative symbol.
   • A list of producers and the prescribed application fees.
2. Preliminary Examination:
   The application is reviewed by an examiner for any deficiencies. If any are found, the applicant must correct them within one month of receiving the communication.
3. Registrar’s Decision:
   The Registrar of Geographical Indications may either accept, partially accept, or refuse the application. If the application is refused, the Registrar will provide written reasons for the rejection. The applicant can respond within two months and appeal the decision if necessary.
4. Publication:
   If the application is accepted, it is published in the GI Journal within three months. This step allows for public scrutiny and potential opposition.
5. Registration and Certification:
   If there is no opposition to the application after publication, the Registrar will issue a certificate of registration. This certificate is granted to the applicant and any authorized users of the GI.

Benefits of Geographical Indications

Geographical Indications (GIs) offer several tangible benefits for organizations, companies, and producers who successfully register their products. These benefits are crucial for protecting the uniqueness and economic value of geographically linked goods. Below are the primary advantages of GI registration:

1. Exclusive Rights:
   Registered GIs grant producers the exclusive right to use the GI label on their products, ensuring that only authorized businesses can market goods under that name.
2. Right to Legal Action:
   Authorized users of a registered GI can sue for infringement if others attempt to misuse or falsely claim the geographical indication.
3. Legal Protection in India:
   Registration provides comprehensive legal protection for geographical indications within India, safeguarding the integrity of region-specific products.
4. Prevention of Unauthorized Use:
   The registration prevents unauthorized entities from exploiting the geographical indication, ensuring that the name is not used without proper rights.
5. Promotion of Exports:
   Legal protection for Indian GIs helps promote exports, as the protected status enhances the global reputation and demand for region-specific goods.
6. Economic Benefits for Producers:
   By protecting the uniqueness of geographically tied products, GIs contribute to the economic prosperity of producers within the designated area.
7. International Legal Protection:
   Registered GI owners can seek legal protection in other WTO member countries, ensuring that the geographical indication is respected across international borders.
8. Market Protection:
   GIs offer protection not only in the domestic market but also internationally, safeguarding the product’s reputation and market value on a global scale.

What are the subject matters which are not registrable under geographical Indication?

Certain subject matters are prohibited from being registered under the Geographical Indications (GI) Act, 1999, to ensure the authenticity, accuracy, and legal integrity of geographical indications. The exclusions, as outlined in Section 9 of the Act, prevent misuse or misleading applications. Below are the categories of subject matters that are not registrable:

1. Causing Confusion:
   GIs that could create confusion among consumers or mislead them regarding the origin or nature of the goods are not allowed.
2. Contrary to Law:
   Any indication that conflicts with existing laws or the enactment of any legal provisions cannot be registered.
3. Libelous or Indecent:
   GIs containing defamatory or offensive content are ineligible for registration, as they fail to meet decency standards.
4. Injurious to Religious Sensitivity:
   GIs that might harm religious sentiments or cause offense to any community or class of citizens in India are not registrable.
5. Already Protected in Court:
   If a court has previously ruled that the GI should not be protected, it is barred from registration.
6. Common Names:
   Indications that are deemed to have become generic or common names in their country of origin are not registrable. This ensures that common terms cannot be monopolized.
7. Misrepresentation of Origin:
   GIs that falsely suggest that the goods originate from one region, when in fact they originate from another, are not allowed. This prevents deceptive claims about geographical origin.

Examples of Geographical Indications

Geographical Indications (GIs) are applied to a wide range of products that possess qualities linked to their region of origin. Below are examples from various categories:

1. Agricultural Products:
   • Darjeeling Tea (India): Known for its unique flavor and aroma, Darjeeling tea is grown in the hilly regions of West Bengal.
   • Kona Coffee (Hawaii, USA): Coffee grown on the slopes of Mauna Loa, valued for its rich flavor and smooth texture.
   • Parmigiano Reggiano (Italy): A hard cheese made in specific regions of Italy, famous for its distinctive taste and texture.
2. Handicrafts:
   • Banarasi Sarees (India): Traditional silk sarees from Varanasi, known for intricate designs and rich fabrics.
   • Murano Glass (Italy): Hand-blown glassware from the island of Murano, near Venice, recognized for its craftsmanship and vibrant colors.
3. Food Products:
   • Champagne (France): Sparkling wine produced in the Champagne region, renowned for its quality and production process.
   • Roquefort Cheese (France): A blue cheese made from sheep’s milk and aged in the caves of Roquefort-sur-Soulzon.
4. Spices:
   • Malabar Pepper (India): Grown in the Malabar coast of India, known for its strong aroma and pungency.
   • Saffron from Kashmir (India): Prized for its flavor and color, saffron grown in the Kashmir region is regarded as one of the best in the world.

Fun facts

1. Did you know Darjeeling Tea was the first product to receive a GI tag in India back in 2004?
2. Can you believe GIs aren’t just for food? Products like Murano Glass from Italy and Kancheepuram Silk Sarees from India are also protected!
3. Did you know only sparkling wine from the Champagne region of France can legally be called Champagne?
4. Have you heard that GIs can boost tourism? Regions like Italy’s Parmigiano Reggiano attract tourists eager to taste the real deal.
5. Did you know Kona Coffee owes its unique flavor to the volcanic soil and climate of Hawaii?
6. Can you believe GIs help preserve traditional knowledge? The intricate weaving of Pashmina shawls from Kashmir is a great example.
7. Did you know there’s been a legal battle over Feta Cheese to ensure only Greek producers can use the name in the EU?
8. Can you imagine Blue Mountain Coffee from Jamaica tastes different depending on the altitude it’s grown at?
9. Did you know Basmati Rice from India is recognized under GI in the European Union?
10. Have you heard Kancheepuram Silk Sarees were the first handicraft to receive a GI in India?