Geographical Identifications

It is an indication of a product origination from a geographical territory, in respect of agricultural, natural or manufactured goods, which are produced in that territory and have special quality, reputation and other characteristics; These characteristics, however, must be new, distinct, uniform and stable.

The Government of India has passed Geographical Indications of goods (Registration & Protection), 1999. However, the Act has yet to be notified to be effective. The office of the Registrar of Geographical Indication is established at Chennai.

• confers legal protection;
• prevents unscrupulous traders from taking undue advantage by misrepresentation and misleading the consumers ;
• prevents unauthorised use ;
• ensures consumer Protection as they get genuine goods
• promotes economic prosperity

An application for registration of a Geographical Indications can be made by any Associations of Persons / Producers or authority established under any law representing the Producers of the concerned goods. e.g. all Boards established by Government like the Coffee Board, Tea Board and Spices Board are empowered to initiate the original applications. Similarly, all the producers of Kanchipuram Silk or Banarasi Saris and Ratnagiri’s Alphanso mangoes as well can apply for registration through their Association for protection and prevent any misuse.

Applications in relation to the following types of goods shall not be registered ;

• the use of which is likely to deceive or cause confusion;
• is contrary to any law for the time being in force; or
• comprises or contains scandalous or obscene matter; or
• any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or
• GI which is disentitled to protection in a Court of Law
• GI with respect to goods or class of Goods which have become generic in India on or before January 1, 1995.

This is according to one of the provision as specified in TRIPS e.g. the “Cheddar” Cheese is now produced all over the world and not confined to its source from a part of UK.

• A Statement relating to GI and the concerned product
• The Class of goods (Int’l Classification)
• The territory and its map
• The particulars of appearance
• The particulars of special characteristics
• Standard characteristics
• Special human skill involved
• Number of authorised producers

• The application along with the information and documents is accepted by the Registrar or if required, further information or documents are called for.
• After acceptance of the application, the same is advertised in a Govt. Journal which remains open for opposition for a period of 3 months from the date of advertisement.
• If any Notice of Opposition is filed, the applicant is required to file his Counter Statement within a period of two months from the date of receipt of such Notice of Opposition.
• Thereafter, both the parties are required to file evidence in support of opposition in the form of Affidavit and after giving an opportunity of being heard, the matter will be decided by the Registrar. The order of the Registrar is subject to appeal before the proposed Intellectual Property Appellate Board.
• If there is no opposition or if the opposition is decided in favour of the applicant, the Registrar will issue a Certificate of Registration of Geographical Indication accordingly

Yes. GI application, once registered is valid initially for 10 years and is to be renewed for every 10 years. Registration will be lapsed / cancelled if the renewal, is not made within 6 months of its due date.