The Geographical Indication of Goods (Registration and Protection) Act.1999

Geographical Indication (GI) as an intellectual property right has gained much importance in recent years. India is having traditionally rich biological and cultural resources and is under the potential threat of piracy. The American patent on Basmati (Taxmathy) attracted lot of interest on geographically linked products, which are not properly protected under IPR. The need of protecting the rich national assets in the form of GI assumes great significance in this context.

Geographical Indication means

• An indication or appellation of origin used to identify agriculture or natural or manufactured goods in the said area
• It originates from a definite territory in India or a region or locality in that territory
• It should have a special quality or characteristics of reputation attributable to its geographical region or climatic or production characteristics unique to the geographical location

For example Basmati rice, Malabar pepper, Aleppey turmeric, Cochin ginger etc.

Registry

The Controller-General of Patents, Designs and Trade Marks is the Registrar of Geographical Indications, and the registry is termed as Geographical Indications Registry.

Register of GI

Register of Geographical Indications is kept at the Head Office of the Geographical Indications Registry, wherein the details of all registered geographical indications with the names, addresses and descriptions of the proprietors, the names, addresses and descriptions of authorised users and such other matters shall be entered, relating to registered geographical indications.

Who can apply for registration of GI

• Any association or person, producer, organisation, or any authority established under law can apply for a GI
• The applicant must represent the interest of the producer

Registered Proprietor

A group of persons, producers, organisation or authority established under law.

Authorised User of GI

Any person who is a producer of goods can be registered as an authorised user.

Categories of Goods Entitled for Registration as GI

• Agricultural goods including, processing, trading and dealing
• Natural goods exploiting trading and dealing
• Handicrafts

Period of Registration

The registration of a Geographical Indication is valid for 10 years, which is renewable for the same period repeatedly.

Infringement

• Any unauthorised use indicate or suggest that the good originates form a geographical area whereas the true place of origin is somewhere else, resulting in misleading the public as to geographical indication of the goods
• When the unauthorised use of the geographical indication amounts to 'passing off' in respect of the registered GI
• Use of GI results in false representation to the public that the goods are originating from a territory in respect of which a GI relates
• The registered proprietor or an authorised user of a GI can initiate legal action

Processes of Registration

Last updated on: 27-12-2007