The term "Geographical Indications"GI, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics 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, region or locality, as the case may be.

The characteristics of GI are

• It is an indication

• It originates 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

2. Who can apply for the registration of a geographical indication?

Any association of persons, producers, organisation or authority established by or under the law can apply:

The applicant must represent the interest of the producers

The application should be in writing in the prescribed form

The application should be addressed to the Registrar of Geographical Indications alongwith prescribed fee.

3. Which of the geographical indication cannot be registered?

• Geographical Indications which would be likely to deceive or cause confusion or contrary to any law.

• .which comprises or contains scandalous or obscene matter or any matter likely to hurt religion susceptibility of any class or section of citizens of India.

• which would other wise be disentitled to protection in a court. .which are determined to be generic names or indications of goods and are,

• therefore, not or ceased to be protected in their country of origin or which have fallen into disuse in that Country.

• which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the i goods originate in another territory, region or locality, as the case may be.

4. What is the punishment in the Act for falsifying GI?

A sentence of imprisonment for a term between six months to three years and a fine between fifty thousand rupees and two lakh rupees is provided in the Act. The court may reduce the punishment under special circumstances.

5. What is the benefit of registration of geographical indications?

• It confers legal protection to Geographical Indications in India

• Prevents unauthorised use of a Registered Geographical Indication by others

• It provides legal protection to Indian Geographical Indications which in turn boost exports.

• It promotes economic prosperity of producers of goods produced in a geographical territory.

6. Who is a registered proprietor of a geographical indication?

Any association of persons, producers,organisation or authority established by or under the law can be a registered proprietor.

Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for.

7. Who is an authorised user?

A 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

8. 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.

9. Is a registration of a geographical 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 authorised users can initiate infringement actions

• The authorised users can exercise the exclusive right to use the geographical indication.

10. Who can use the registered geographical indication?

An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered.

11. How long the registration of Geographical Indication is valid?

The registration of a geographical indication is valid for a period of 10 years.

12. Can a Geographical Indication be renewed?

It can be renewed from time to time for further period of 10 years each.

13. What is the effect if a Geographical Indication if it is not renewed?

If a registered geographical indication is not renewed it is liable to be removed from the register.

14. When is a registered Geographical Indication said to be infringed?

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 mislead the public as to the geographical origin of such goods.

When the use of geographical indication result in an unfair competition including passing off in respect of 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.

15. Who can initiate an infringement action?

The registered proprietor or authorised users of a registered geographical indication can initiate an infringement action.

16. Can a registered geographical indication be assigned, transmitted, etc?

No. A geographical indication is a public property belonging to the producers of the concerned goods.

It shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement

However, when an authorised user dies, his right devolves on his successor in title.

17. Can a registered geographical indication or a registered authorised user be removed from the register?

Yes. The Appellate Board or the Registrar of Geographical Indications has the power to remove the geographical indication or an authorised user from the register. Further, on application by an aggrieved person action can be taken.

18. How a geographical indication is different from a trademark?

• A trademark is a sign used in the course of trade, which distinguishes goods or services of one enterprise from those of other enterprises.

• Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.

Last updated on: 26-12-2007

IPR & Related Legislations
The Patent Act
The Geographical Indication of Goods
Protection of Plant Varieties and Farmers Right Act
The Biological Diversity Act
Seeds Bill
Food Safety Standards Act
FAQ
World Trade Agreement & Agriculture
World Trade Agreement
TRIPS & Related Issues
IPR & Related Legislations
IPR Issues Relating to Indian Agri-Sector
Impact of of WTA on Kerala's Agri-Sector
Impact of of RTA's on Kerala's Agri-Sector