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★ Section 2(e) of The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI
Act), defines the term “geographical indication” as –
“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 characteristic 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.”
★ This is the legally accepted definition of geographical indication in India since the Act came into force
since the 15th of September, 2015.
★ In simpler terms, GI is a status accorded to a good which is unique to a particular region or area, and are
originated from there.
★ These goods have a reputation for their quality. They are associated with a sense of legitimacy and trust
simply because they have the tag of belonging to that region.
★ For example, Basmati rice is known for its unique aroma and long grains. It is unique to the
Indo-Gangetic plains. Seven states of India, after a long drawn legal battle have been accorded with the
status of Geographical Indication (GI) in 2016.
The types of goods covered under the ambit of GI –
1. Agricultural (example, Basmati rice)
2. Natural (example, Makrana marble)
3. Handicraft or of any industry (example, Kashmiri pashmina)
4. Food stuff (example, Dharwad pedha)
This has been mentioned in Section 2(g) of the GI Act.
★ The abovementioned goods are easily associated with the place where they are manufactured or grown.
Origin of GI From an International Perspective
● The laws relating to GI were introduced in India after the ratification of the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS).
● The TRIPS agreement was signed by all the WTO member countries as a “single undertaking”.
● The TRIPS agreement sets a minimum standard of protection for goods registered under as a GI, which is
supposed to be followed by all members of the World Trade Organization (WTO).
● The purpose of according the status of GI to goods, as per Article 22 (2)(b) of the agreement, is to
prevent “an act of unfair competition” and prevention of misstatement regarding the geographical origins
of a good, as per Article 22 (2)(a).
● Article 22 of the TRIPS Agreement, which was signed in 1994, was criticized on the grounds for not
being comprehensive enough for all goods.
● Article 23 accords special protection to wines and spirits.
❖ In case of goods other than wines and spirits, the TRIPS agreement accords protection only to the
producer in case of any explicit act of misleading the public by trying to pass off a good as a GI protected
good, and not otherwise.
❖ Following this, Section 10 of the GI Act says that a “homonymous geographical indication may be
registered under this Act,and if the Registrar is satisfied, after considering the practical conditions” no
conflict in terms of public understanding of the goods arises.
❖ Article 23(1) states that if the name of a wine or spirit, which has been accorded the status of GI is
“used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like”,
even that will be considered a blatant violation of the agreement.
Indian GI laws and Jurisdictions
➔ The GI of Goods (Registration and Protection) Act, 1999, along with the GI of Goods (Registration and
Protection) Rules, 2002 govern GI registrations and goods.
➔ According to Section 58(1) of the GI Act, in any case where the validity of the registration of a
geographical indication is questioned, the case would be under the jurisdiction of the Intellectual Property
Appellate Board.
➔ Further, Section 66 (1)(c) of the GI Act vests the jurisdiction of hearing the cases of infringement upon
“any court inferior to a district court having jurisdiction to try the suit”.
➔ Section 67 of the GI Act states that injunction, nominal damages and damages on account of profits
may be awarded as per the discretion of the judge, at the option of the plaintiff.
➔ Section 55, further states that “no suit or other legal proceedings shall lie against any person in respect
of anything which is in good faith done or intended to be done in pursuance of this Act”.
Examples from India
● Darjeeling Tea
In the present day, India is one of the largest producers of tea in the world and has recorded its highest ever
production in the financial year 2015-16, with exports crossing 230 mn kg after about 35 years. India started
producing tea under British rule. The first GI ever granted in India was to Darjeeling Tea Plantation was started
in the 1840’s under the supervision of the British, as they wanted to give competition to the Chinese monopoly in
the market.
The Tea Board of India was established under the Tea Act, 1953. The tea board owns all the intellectual property
rights under the Trademarks Act, 1999, Geographical Indications of Goods (Registration & Protection) Act, 1999
and Copyright Act, 1957. The logo and even the title, Darjeeling Tea, have been protected by IP laws. Darjeeling
Tea is a recognized Trademark even in countries like China, Australia, Egypt, Lebanon, USA and so on.
● Basmati Rice
Basmati rice is a special type of rice, with long grains and a unique aroma which differentiates it from other
varieties of rice. It is found in the Indo-Gangetic Plains. Basmati rice has been a part of intense GI conflict
between various states, and even nations like Pakistan and the United States.
RiceTec, a Texas-based company, developed ‘Texmati’ or ‘American Basmati’, which they patented under the United
States Patent and Trademark Office (USPTO). This was challenged by a few Indian NGOs claiming that the term
“basmati” could only be used for rice grown in India and Pakistan. After presenting all the evidence, the NGOs won,
and RiceTec withdrew its key claims.
● Scotch Whisky
In 2006, the Scotch Whisky Association (SWA) filed a suit against Golden Bottling Limited for geographical
indications infringement. The defendant was manufacturing “Red Scot” which was allegedly misleading for the
consumers. The case of Scotch Whisky Association v. Golden Bottling Limited was heard by the Delhi High Court in
2006. The definition of “Scotch Whisky” under UK Scotch Whisky Act, 1988 and the Scotch Whisky Order, 1990
accorded the status of a geographical indication to the product. But, since the same was not accorded the status
of GI in India, the court could not go by that definition. Section 20(1) of the GI Act protects unregistered GIs
against any suit instituted. So action was available only in form of the tort of passing off.
The case was settled outside of the courts. Later, in 2015, the government recognized Scotch whisky as per the
definition under Section 2(e) of the GI Act.
The Advantages of a Registered GI
● For a Producer:
A producer of a good which has been accorded the status of a geographical indication has various commercial
advantages. The producer becomes the sole seller of the commodity, and in the case of having a single “principal
place of business” can even be said to have a monopoly.
GI registration provides the registered producer and the authorized user the exclusive right to protect the
registered GI on the specified goods. GI registration is a producer friendly legislation, aimed at protecting the
industry for unique goods, whose uniqueness exists due to their geographical location. GI, as a type of Intellectual
Property (IP), has a lot of commercial value.
● For a Consumer:
A good which has a GI tag is associated with immense reputation in terms of quality and prestige. A consumer gets
value for their money when they buy a good with a GI tag, as the tag ensures that the product has all the features
associated with it. For example, the taste of real Darjeeling tea is different from that of those trying to pass of
their products as the same.
Registration process
➔ The registration process for the GI tag begins with filing of an application for the same.
➔ The Geographical Indications registry demands that the “application must be made in triplicate”.
➔ The applicants may be the producer(s) of the respective goods themselves, or any organization or
authority which have the permission to act as the agent of the producer(s).
➔ The application must be filed to the office of the GI registry, which is in Chennai.
➔ The application must contain all the relevant details like –
➔ The details of the “principal place of business”, defined under Section 3 of the Geographical Indications of
Goods (Registration and Protection) Rules, 2002.
❏ The Registrar is further vested with the powers to rescind the application if the errors are not dealt with.
Upon the acceptance of the application, the Registry will publish the same within three months of the acceptance.
❏ Any person can file an opposition to the publication of the GI application within three months (extension
can be provided for another month).
❏ After the acceptance of the application, the date of filing of the application will be the date of
registration.
❏ A certificate with the seal of the GI registry shall be issued to the applicant.
❏ Appeal against the registration can be made to the Intellectual Property Appellate Board within three
months of the registration of the good.
Transfer of GI
Section 24 of the GI Act states that the GI tag cannot be transferred to any other user under any condition.
Only in case of the death of the authorized user, the rights of the GI shall “devolve on his successor in title under
the law for the time being in force”.
Renewal of GI
A request for the renewal of a GI can be filed by the authorized user of the GI at any time within the last six
months of the previous registration period.
If no such request is filed before the Registrar, then the Registrar shall notify the user after one month, and
before three months of the expiry of the GI.
The application can further be made within six months after the expiry of the earlier time period of GI, which, if
not done, can lead to cancellation of the GI.