Geographical Indications (GI)

Geographical Indications of Goods are defined as that aspect of industrial property which refers to the
geographical indication referring to a country or to a place situated therein as being the country or place
of origin of that product. Typically, such a name conveys an assurance of quality and distinctiveness
which is essentially attributable to the fact of its origin in that defined geographical locality, region or
country. Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property,
geographical indications are covered as an element of IPRs. They are also covered under Articles 22 to
24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the
Agreements concluding the Uruguay Round of GATT negotiations.
India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of
Goods (Registration & Protection) Act, 1999 has come into force with effect from 15th September 2003.

Who can apply?

Any association of persons or producers or any organization or authority established by or under law
representing the interest of producers of the concerned goods

How to apply?

The Registration Process

STEP 1: Filing of application

Please check whether the indication comes within the ambit of the definition of a GI under section 2(1)
(e).
The association of persons or producers or any organization or authority should represent the interest of
producers of the concerned goods and should file an affidavit how the applicant claims to represent their
interest.

Application must be made in triplicate.

The application shall be signed by the applicant or his agent and must be accompanied by a
statement of case.

Details of the special characteristics and how those standards are maintained.

Three certified copies of the map of the region to which the GI relates.

Details of the inspection structure if any to regulate the use of the GI in the territory to which it
relates.

Give details of all the applicant together with address. If there is a large number of producers a
collective reference to all the producers of the goods may be made in the application and the G.I.,
If registered will be indicated accordingly in the register.

Please send your application to the following address in India:

Geographical Indications Registry
Intellectual Property Office Building
Industrial Estate, G.S.T Road
Guindy, Chennai 600 032
Ph: 044 22502091-93 & 98
Fx: 044 22502090
E-mail: gir-ipo@nic.in
Website: ipindia.gov.in

The applicant must have an address for service in India. Generally, application can be filed by (1) a legal
practitioner (2) a registered agent.

STEP 2 and 3: Preliminary scrutiny and examination

The Examiner will scrutinize the application for any deficiencies.

The applicant should within one month of the communication in this regard, remedy the same.

The content of statement of case is assessed by a consultative group of experts will versed on
the subject.

The will ascertain the correctness of particulars furnished.

Thereafter an Examination Report would be issued.

STEP 4: Show cause notice

If the Registrar has any objection to the application, he will communicate such objection.

The applicant must respond within two months or apply for a hearing.

The decision will be duly communicated. If the applicant wishes to appeal, he may within one
month make a request.

The Registrar is also empowered to withdraw an application, if it is accepted in error, after giving
on opportunity of being heard.

STEP 5: Publication in the geographical indications Journal

Every application, within three months of acceptance shall be published in the Geographical
Indications Journal.

STEP 6: Opposition to Registration

Any person can file a notice of opposition within three months (extendable by another month on
request which has to be filed before three months) opposing the GI application published in the
Journal.

The registrar shall serve a copy of the notice on the applicant.

Within two months the applicant shall sent a copy of the counterstatement.
 If he does not do this be shall be deemed to have abandoned his application. Where the counter-
statement has been filed, the registrar shall serve a copy on the person giving the notice of
opposition.

Thereafter, both sides will lead their respective evidences by way of affidavit and supporting
documents.

A date for hearing of the case will be fixed thereafter.

STEP 7: Registration

Where an application for a GI has been accepted, the registrar shall register the geographical
indication. If registered the date of filing of the application shall be deemed to be the date of
registration.

The registrar shall issue to the applicant a certificate with the seal of the Geographical indications
registry.

STEP 8: Renewal

A registered GI shall be valid for 10 years and can be renewed on payment of renewal fee.

STEP 9: Additional protection to notified goods

Additional protection for notified goods is provided in the Act.

STEP 10: Appeal

Any person aggrieved by an order or decision may prefer an appeal to the intellectual property
appellate board (IPAB) within three months. The address of the IPAB is as follows:

Intellectual Property Appellate Board

Annexe 1, 2 nd Floor, Guna Complex,
443, Anna Salai, Chennai 600 018

What Indications are not registrable?

For registrability, the indications must fall within the scope of section 2(1) e of GI Act, 1999. Being so, it
has to also satisfy the provisions of section 9, which prohibits registration of a Geographical Indication

the use of which would be likely to deceive or cause confusion; or

the use of which would be contrary to any law for the time being in force; or

which comprises or contains scandalous or obscene matter; or

which comprises or contains any matter likely to hurt the time being in force; religious
susceptibilities of any class or section of the citizens of India; or

which would otherwise be disentitled to protection in a court; or

 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; or

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

Explanation 1 to section 9 says that for the purposes of this section, generic names of indications in
relation to goods which although relates to the place of the region where the goods was originally
produced or manufactured, has lost its original meaning and has become the common name of such
goods and serves as a designation for an indication of the kind, nature, type of other property or
characteristic of the goods.

Explanation 2 further says that in determining whether the name has become generic, account shall be
taken of all factors including the existing situation in the region or place in which the name originates and
the area of consumption of the goods.

Additional protection to certain goods

An application may be made to the registrar in respect of goods notified by the central Government for
additional protection for a registered geographical indication in Form GI-9 accompanied in triplicate along
with a statement of case and shall be accompanied with the copy of the notification issued.
The application shall be made jointly by the registered proprietor of the Geographical indications in India
and by all the producers of the Geographical indication.

Affidavits

1. The Affidavits required by the Act and the rules to be filed at the Geographical indications
Registry or furnished to the Registrar, unless otherwise provided in the matter or matters to which
they relate, paragraphs consecutively numbered, and each paragraph shall as far as practicable
be confined to one subject. Every affidavit shall state the description and the true place of abode
of the person filing it and shall state on whose behalf it is filed.

2. Affidavits shall be taken-

a.In India-before any court or person having by law authority to receive evidence, or before any
officer empowered by such court as aforesaid to administer oaths or to take affidavit,
b. In any country or place outside India before a diplomatic or consular Officers (Oaths and Fee)
Act, 1948, or such country or place, or before a notary public or before a judge or magistrate of
the country or place.

3. Where the deponent is illiterate blind or unacquainted with the language in which the affidavit is
written a certificate by the person taking the affidavit that the affidavit has read translated or
explained in his presence to the deponent made his signature or mark in his presence shall
appear in the jurat.

4. Every affidavit filed before the Registrar in connection with any of the proceedings under the Act
or the rules shall be duly stamped under the law for the time being in force.

Inspection of Documents by the Public

1. The documents mentioned in sub-section (1) of section 78 shall be available for inspection at the
Head Office of the Geographical indications registry.
 2. A copy of the register and such of the other documents mentioned in section 78, as the Central
Government may by inspection at each branch office of the Geographical Indications Registry as
and when established.

3. The inspection shall be a payment of the prescribed free and at such times on all the days on
which the offices of the Geographical Indications Registry are not closed to the public as may be
fixed by the registrar.

4. Distribution of copies of journal and other documents. The Central Government may direct the
Registrar to distribute the necessary to such places as may be fixed by the Central Government
in consultation with the State Government and notified form time to time in the Official Gazette.

Procedure for Filing G.I Application

I. Form and signing of application

1. Every application for the registration of a geographical indication shall be made in the prescribed
form (GI-1A to ID) accompanied by the prescribed fee ( Rs.5,000).

2. It shall be signed by the applicant or his agent.

3. It must be made in triplicate along with three copies of a Statement of Case accompanied by five
additional representations.

II. Fees

1. Fees may be paid in cash or sent by money order or by a bank draft or by a cheque.

2. Bank Drafts or cheques shall be crossed and be made payable to the Registrar at the appropriate
office of the Geographical Indication Registry.

3. It should be drawn by a scheduled bank at the place where the appropriate office of the
Geographical Indications Registry is situated.

4. Where a document is field without fee or with insufficient fee such document shall be deemed to
have not been filed.

III. Sizes

1. All applications shall be typewritten, lithographed or printed in Hindi or in English.

2. It should in large and legible characters with deep permanent ink upon strong paper, on one side
only.

3. The size should be a approximately 33 cms by 20 cms and shall have on the left and part thereof
a margin of not less than 4 centimeters.

IV. Signing of documents

1. In case of
 An association of persons or producers shall be signed by the authorized signatory.

A body corporate or any organization or any authority established by or under any law for the time
being in force shall be signed by the Chief Executive, or the Managing Director or the secretary or
other principal officer.

In case of partnership it shall be signed by at least one of the partners.

2. The capacity in which an individual signs a document shall be stated below his signature.
3. Signatures shall be accompanied by the name of the signatory in English or in Hindi and in capital
letters.

V. Principal place of business in India

1. Every application for registration of a G.I shall state the principal place of business in India.

2. A body corporate should state the full name and nationality of the Board of Directors.

3. Foreign applicants and persons having principal place of business, in their home country should
furnish an address for service in India.

4. In the case of a body corporate or any organization or authority established by or under any law
for the time being in force, the country of incorporation or the nature of registration, if any, as the
case may be shall be given.

VI. Convention Application should contain the following

1. A certificate by the Registry or competent authority of the Geographical Indications Office of the
convention country.

2. The particulars of the geographical indication, the country and the date or dates of filing of the
first application.

3. The application must be the applicants first application in a convention country for the same
geographical indications and for all or some of the goods.

4. The application must include a statement indicating the filing date of the foreign application, the
convention country where it was filed, the serial number, if available.

VII. Statement of user in applications

An application to register a geographical indication shall contain a statement of user along with an
affidavit.

VIII. Content of Application

Every application shall be made in the prescribed forms and shall contain the following:

1. A statement as to how the geographical indication serves to designate the goods as originating
form the concerned territory in respect of specific quality, reputation or other characteristics.
 2. The three certified copies of class of goods to which the geographical indication relates

3. The geographical map of the territory.

4. The particulars of the appearance of the geographical indication words or figurative elements or
both;

5. A statement containing such particulars of the producers of the concerned goods proposed to be
initially resisted. Including a collective reference to all the producers of the goods in respect of
which the application is made.

6. The statement contained in the application shall also include the following:

o An affidavit as to how the applicant claim to represent the interest of the association of
persons or producers or any organization or authority established under any law.

o The standards benchmark for the use of the geographical indication or the industry
standard as regards the production, exploitation, making or manufacture of the goods
having specific quality, reputation or other characteristic of such goods that is essentially
attributable to its geographical origin with the detailed description of the human creativity
involved, if any or other characteristic;

o The particulars of the mechanism to ensure that the standards, quality, integrity and
consistency or other special characteristic are maintained by the producers, or
manufacturers of the goods.

o Three certified copies of the map of the territory, region or locality;

o The particulars of special human skill involved or the uniquess of the geographical
environment or other inherent characteristics associated with the geographical indication.

o The full name and address of the association of persons or organization or authority
representing the interest of the producers of the concerned goods;

o Particulars of the inspection structure;In case of a homonymous indication, the material

factors differentiating the application from the registered geographical indications and
particulars of protective measures adopted.

IX. Acknowledgement of receipt of applications:

1. Every application of the registration of a geographical indication in respect of any goods shall, on
receipt be acknowledged by the Registrar.

2. The acknowledgement shall be by way of return of one of the additional representations with the
official number of the application duly entered thereon.

Classification of goods Name of the classes

Class 1 Chemical used in industry, science, photography, agriculture, horticulture and

forestry; unprocessed artificial resins, unprocessed plastics; manures; fire
extinguishing compositions; tempering and soldering preparations; chemical
 substances for preserving foodstuffs; tanning substances; adhesive used in
industry

Paints, varnishes, lacquers; preservatives against rust and against

Class 2 deterioration of wood; colorants; mordents; raw natural resins; metals in foil
and powder form for painters; decorators; printers and artists
Bleaching preparations and other substances for laundry use; cleaning;
Class 3 polishing; scouring and abrasive preparations; soaps; perfumery, essential
oils, cosmetics, hair lotions, dentifrices

Industrial oils and greases; lubricants; dust absorbing, wetting and binding
Class 4
compositions; fuels(including motor spirit) and illuminants; candles, wicks
Pharmaceutical, veterinary and sanitary preparations; dietetic substances
adapted for medical use, food for babies; plasters, materials for dressings;
Class 5
materials for stopping teeth, dental wax; disinfectants; preparation for
destroying vermin; fungicides, herbicides
Common metals and their alloys; metal building materials; transportable
buildings of metal; materials of metal for railway tracks; non-electric cables
Class 6 and wires of common metal; ironmongery, small items of metal hardware;
pipes and tubes of metal; safes; goods of common metal not included in other
classes; ores
Machines and machine tools; motors and engines (except for land vehicles);
Class 7 machinecoupling and transmission components (except for land vehicles);
agriculturalimplements other than hand-operated; incubators for eggs

Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors

Scientific, nautical, surveying, electric, photographic, cinematographic,

optical,
weighing, measuring, signaling, checking (supervision), life saving and
teachingapparatus and instruments; apparatus for recording, transmission or
Class 9
reproduction ofsound or images; magnetic data carriers, recording discs;
automatic vending machinesand mechanisms for coin-operated apparatus;
cash registers, calculating machines, dataprocessing equipment and
computers; fire extinguishing apparatus
Surgical, medical, dental and veterinary apparatus and instruments, artificial
Class 10
limbs, eyesand teeth; orthopedic articles; suture materials

Apparatus for lighting, heating, steam generating, cooking, refrigerating,

Class 11
dryingventilating, water supply and sanitary purposes

Class 12 Vehicles; apparatus for locomotion by land, air or water

Class 13 Firearms; ammunition and projectiles; explosives; fire works

Precious metals and their alloys and goods in precious metals or coated
Class14 therewith, notincluded in other classes; jewellery, precious stones; horological
and other chronometricinstruments

Class15 Musical instruments

 Paper, cardboard and goods made from these materials, not included in other
classes;printed matter; bookbinding material; photographs; stationery;
adhesives for stationery orhousehold purposes; artists materials; paint
Class 16
brushes; typewriters and office requisites(except furniture); instructional and
teaching material (except apparatus); plasticmaterials for packaging (not
included in other classes); playing cards; printers' type;printing blocks
Rubber, guttapercha, gum, asbestos, mica and goods made from these
materials and notincluded in other classes; plastics in extruded form for use
Class 17
in manufacture; packing,stopping and insulating materials; flexible pipes, not
of metal
Leather and imitations of leather, and goods made of these materials and not
Class 18 included inother classes; animal skins, hides, trunks and travelling bags;
umbrellas, parasols andwalking sticks; whips, harness and saddlery
Building materials, (non-metallic), non-metallic rigid pipes for building;
Class 19 asphalt, pitchand bitumen; non-metallic transportable buildings; monuments,
not of metal.
Furniture, mirrors, picture frames; goods(not included in other classes) of
wood, cork,reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber,
Class 20
mother- of-pearl,meerschaum and substitutes for all these materials, or of
plastics
Household or kitchen utensils and containers(not of precious metal or coated
therewith);combs and sponges; brushes(except paints brushes); brush
Class 21 making materials; articles forcleaning purposes; steelwool; unworked or semi-
worked glass (except glass used inbuilding); glassware, porcelain and
earthenware not included in other classes
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not
Class 22 included in otherclasses) padding and stuffing materials(except of rubber or
plastics); raw fibrous textilematerials

Class 23 Yarns and threads, for textile use

Textiles and textile goods, not included in other classes; bed and table
Class 24
covers.

Class 25 Clothing, footwear, headgear

Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and
Class 26
needles;artificial flowers

Carpets, rugs, mats and matting, linoleum and other materials for covering
Class 27
existingfloors; wall hangings(non-textile)

Games and playthings, gymnastic and sporting articles not included in other
Class 28
classes;decorations for Christmas trees

Meat, fish, poultry and game; meat extracts; preserved, dried and cooked
Class 29 fruits andvegetables; jellies, jams, fruit sauces; eggs, milk and milk products;
edible oils and fats
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and
preparationsmade from cereals, bread, pastry and confectionery, ices; honey,
Class 30
treacle; yeast, bakingpowder; salt, mustard; vinegar, sauces, (condiments);
spices; ice
 Agricultural, horticultural and forestry products and grains not included in
Class 31 other classes;live animals; fresh fruits and vegetables; seeds, natural plants
and flowers; foodstuffs foranimals, malt

Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks
Class 32
and fruitjuices; syrups and other preparations for making beverages

Class 33 Alcoholic beverages(except beers)

Class 34 Tobacco, smokers articles, matches

State Wise Registration Details of G.I Applications

Goods
(As per Sec
S. Application no. Geographical indications State
2(f) of GI
No
Act(1999)
FROM APRIL 2004-MARCH 2005
1. 1&2 Darjeeling Tea (word & logo) Agricultural West Bengal
FROM APRIL 2005-MARCH 2006
Himachal
2. 25 Kangra Tea Agricultural
Pradesh
3. 33 Coorg Orange Agricultural Karnataka
FROM APRIL 2006-MARCH 2007
4. 34 Mysore Betel leaf Agricultural Karnataka
5. 35 Nanjanagud Banana Agricultural Karnataka
FROM APRIL 2007-MARCH 2008
6. 69 Mysore Jasmine Agricultural Karnataka
7. 70 Udupi Jasmine Agricultural Karnataka
8. 71 Hadagali Jasmine Agricultural Karnataka
9. 17 Navara Rice Agricultural Kerala
10. 36 PalakkadanMatta Rice Agricultural Kerala
11. 49&56 Malabar Pepper Agricultural Kerala
12. 50 Allahabad Surkha Agricultural Uttar Pradesh
Monsooned Malabar Arabica
13. 85 Agricultural Karnataka
Coffee
Monsooned Malabar Robusta
14. 114 Agricultural Karnataka
Coffee
15. 72 Spices Alleppey Green Agricultural Kerala
 Cardamom
16. 78 Coorg Green Cardamom Agricultural Karnataka
FROM APRIL 2008 - MARCH 2009
17. 110 Eathomozhy Tall Coconut Agricultural Tamil Nadu
18. 81 Pokkali Rice Agricultural Kerala
19. 111 LaxmanBhog Mango Agricultural West Bengal
20. 112 Khirsapati (Himsagar) Mango Agricultural West Bengal
Fazli Mango grown in the
21. 113 Agricultural West Bengal
district of Malda
22. 109 Naga Mircha Agricultural Nagaland
23. 116 & 117 Nilgiri (Orthodox) Logo Agricultural Tamil Nadu
24. 115 & 118 Assam (Orthodox) Logo Agricultural Assam
25. 124 Virupakshi Hill Banana Agricultural Tamil Nadu
26. 126 Sirumalai Hill Banana Agricultural Tamil Nadu
FROM APRIL 2009-MARCH 2010
27. 125 Mongo MalihabadiDusseheri Agricultural Uttar Pradesh
28. 130 & 141 Vazhakulam Pineapple Agricultural Kerala
29. 131 DevanahalliPomello Agricultural Karnataka
30. 132 Appemidi Mango Agricultural Karnataka
31. 133 Kamalapur Red Banana Agricultural Karnataka
FROM APRIL 2010-MARCH 2011
32. 142 BikaneriBhujia Agricultural Rajasthan
Andhra
33. 143 Guntur SannamChilli Agricultural
Pradesh
34. 154 Mahabaleshwar Strawberry Agricultural Maharashtra
35. 186 WayanadJeerakasala Rice Agricultural Kerala
36. 187 WayanadGandhakasala Rice Agricultural Kerala
37. 163 Central Travancore Jaggery Agricultural Kerala
37. 165 Nashik Grapes Agricultural Maharashtra
38. 129 Byadagichilli Agricultural Karnataka
FROM APRIL 2011-MARCH 2012
39. 185 GirKesar Mango Agricultural Gujarat
40. 192 Bhalia Wheat Agricultural Gujarat
41. 199 UdupiMattuGullaBrinijal Agricultural Karnataka
42. 228 GanjamKewdaRooh Agricultural Orissa
 43. 229 Ganjumkewda Flower Agricultural Orissa
FROM APRIL 2012-MARCH 2013
44. 238 Madurai Malli Agricultural Tamil Nadu
45. 211 Bangalore Blue Grapes Agricultural Karnataka
FROM APRIL 2013-Till Date
46. 205 Kalanamak Rice Agricultural Uttar Pradesh

Other products registered under Geographical Indications are

Geographical Indications Product State

Pochampally Ikat Textiles Andhra Pradesh

Chanderi Saree Textiles Madhya Pradesh
Kotpad Handloom Fabric Textiles Orissa
Kota Doria Textiles Rajasthan
Kancheepuram Silk Textiles Tamil Nadu
Bhavani Jamakkalam

Textiles Tamil Nadu

Salem Fabric Textiles Tamil Nadu

Solapur Chaddar Textiles Maharashtra
Solapur Terry Towel Textiles Maharashtra
Mysore Silk Textiles Karnataka
Kullu Shawl Textiles Himachal Pradesh
Madurai Sungudi Textiles Tamil Nadu
Mysore Agarbathi Incense Sticks Karnataka
Mysore Sandalwood Oil Essential Oil Karnataka
Mysore Sandal Soap Soap Karnataka
Aranmula Kannadi Handicrafts Kerala
Bidriware

Handicrafts Karnataka

Channapatna Toys and Dolls Handicrafts Karnataka

Mysore Rosewood Inlay Handicrafts Karnataka
Coimbatore Wet Grinder Industrial Tamil Nadu
Kasuti Embroidery Handicrafts Karnataka
Mysore Traditional Paintings Handicrafts Karnataka
Orissa Ikkat Textiles Orissa
Kalahasti Kalamkari Handicrafts Andhra Pradesh
Kondapalli Bommalu Handicrafts Andhra Pradesh
Madhubani Painting Paintings Bihar
Thanjavur Painting Paintings Tamil Nadu
Silver Filigree of Karimnagar Handicrafts Andhra Pradesh
Alleppey Coir

Coir Products Kerala

Mysore Malligae Horticulture Karnataka

 Udupi Malligae

Horticulture Karnataka

Muga Silk Textiles Assam

Temple Jewellery of Nagercoil Handicrafts Tamil Nadu
Palakkadan matta Agriculture Kerala
v