A geographical indication is a sign used on products that have a specific geographical origin and

possess qualities or a reputation that are due to that origin. , in order to function as a GI, a sign must
identify a product as originating in a given place. In addition, the qualities or reputation of the
product should be essentially due to the place of origin. Since the qualities depend on the
geographical place of production, there is a link between the product and its original place of
production. It is used to identify agricultural, natural and manufactured goods. The manufactured
goods must be produced or processed or prepared in that territory.

Benefits of gi:

It confers legal protection.

Prevents unauthorised use of a registered gi by others.

it promotes economic properity of producers of goods produced in geographical territory.

It boosts the exports.

Can serve as source identifiers of consumers. Helps the producers develops consumer loyalty.

Plays a role in consumer decisions, including willingness to pay higher price fore regionally branded
food products.

Fro example, geographic location is an important concern for wine pricing.

Examples of gis if india include basmati rice, mysore milk, mysore sandlewood oil, mysore sandal
soap, mysore jasmine, kolhapuri chhappal etc.

Examples of gis of world include Canadian whiskey, swiss watches, florida oranges, champagne,
tequila.

IMPACT OF GIS IN DEVELOPING COUNTRIES:

Encourage rural development.

Facilitate market access.

Saves local natural resources.

Plays an important role in preserving cultural identity.

WHY GIS IS TO BE PROTECTED?

Denote quality and origin ofproducts.

Good reputation for product.

preventing product from generic product

protecting domestic product from competitiors.

Examples- channapatna toys, mysore jasmine.

Difference between tm and gi

Geographical indications (GIs) identify a good as originating from a particular place. By

contrast, a trademark identifies a good or service as originating from a particular company.

A trademark often consists of a fanciful or arbitrary sign. In contrast, the name used as a

geographical indication is usually predetermined by the name of a geographical area.

Finally, a trademark can be assigned or licensed to anyone, anywhere in the world, because it

is linked to a specific company and not to a particular place. In contrast, a GI may be used by

any persons in the area of origin, who produces the good according to specified standards, but

because of its link with the place of origin, a GI cannot be assigned or licensed to someone

outside that place or not belonging to the group of authorized producers.

1. Tm are expressions such as coca cola , Marlboro, Peugeot, Citibank, all of them distinguish
products or services and or their producer, manufacturer or provider; whereas gi such as
cognac , tequila, pilsen, champagne, all of them distinguish are geographical origin of a given
product.
2. A tm provides protection to owner of mark by ensuring exclusive right to use it to identify
goods or services or to authorise another to use it on return for payment.
The protection of gi is however enjoyed by all traders from a particular geographical
location.
3. Tm personalise and identify
4. The development of trademarks is linked to human creativity. Such creativity is capable of
creating an original and novel sign or expression, which permits a certain product or service
to be distinguished from similar products or services. As such, trademarks put an emphasis
on the producer of a product. Geographical indications linked to topography, human work,
climate or other factors, independently from human creativity. Geographical indications
underlie the geographic origin of the product and some derived characteristics.
5. There is a single person legal or natural entitled to use the trade mark. All producers
belonging to the region or locality where the geographical indication comes from are
entitled to use it.
6. Since a trademark is used to distinguish the products of a specific trader from those of its
competitors, it is not likely to be descriptive and it cannot be generic. Geographical
indications are by definition generic descriptions because a geographic name denotes the
geographical origin of the product it identifies in many countries a geographical will normally
not be registered as a trademark for a product, because a geographical indication is
considered to be insufficiently distinctive.
7. Individual production of goods is linked more to the notion of trademarks. Collective
production of products originating from the same geographical zone, and having the same
quality reputation or characteristic attributable to its geographical origin, are linked to the
notion of geographical indication.
8. Trademarks are easier to protect internationally than geographical indications but requires
active participation by the owner or holder of the trademark. Usually trademarks are
protected by registering with the competent domestic authority. Geographical indications
are generally monitored and protected by producer associations from the relevant regions.
International protection of geographical indications is more difficult as no single mechanism
exists to protect geographical indications and it could be done by means of law
jurisprudence or administrative acts. State involvement is far greater in the case of
geographical indications than trademarks.
9. Trademarks are freely transferable from one owner to another. Geographical indications are
not freely transferable from one owner to another, as a user must have the appropriate
association with the geographical region and must comply with the production practices of
that region.

HOMONYMOUS GI

The term homonym is defined in Merriam Webster's Dictionary as "one of two or more words

spelled and pronounced alike but different in meaning." This definition describes accurately

the problems created by the use of homonymous geographical indications, namely two or more

identical geographical indications used to designate the geographical origin of products

stemming from different countries.

Homonymous geographical indications are those indications that sound, spell or read alike.

They are those geographical indications that are spelled and pronounced alike but which are

different in meaning and which are used to designate the geographical origin of products

stemming from different countries. The most frequent cases of homonymous geographical

indications concern the names of regions which are located in different countries.

The problem or conflict generally arises when homonymous geographical indications are sold

in the same market and is accentuated when such the geographical indications are for similar

or identical products. Honest use of such geographical indications should be possible, because

the indications designate the true geographical origin of the products for which they are

indicated.

In principle, these indications should coexist, but such coexistence may be subject to certain

conditions. For example, it may be required that they be used together only with additional

information regarding the origin of the product in order to prevent consumers from being
 misled. A GI may be refused protection if, due to the existence of another homonymous

indication, its use would be considered potentially misleading to consumers with regard to the

product's true origin.

Geographical Indication Type State

Darjeeling Tea Agricultural West Bengal
Bhagalpur Silk Handicraft Bihar
Kathputli Of Rajalthan Handicraft Rajasthan
Firozabad Glass (Word Mark) Handicraft Uttarpradesh
Kannauj Perfume Manufactured Uttarpradesh
Moradabad Metal Craft Handicraft Uttarpradesh
Nasik Grapes Agriculture Maharashtra
Agra Durrie Handicraft Uttarpradesh
Kullu Shawl Textile Himanchal Pradesh
Nagpur Orange Agriculture Maharashtra

LEGAL SCENARIO UNDER THE TRIPS AGGREEMENT

Article 23 of the TRIPS Agreement requires Members to make available additional protection,

when compared to Article 22, for geographical indications for wines and spirits. The main

difference between these two levels of protection is that, under Article 23, an interested party

must have the legal means to prevent the use of a geographical indication for a wine which

does not come from the geographical area indicated irrespective of whether or not such use

misleads the public or constitutes unfair competition. The same goes for spirits. Thus, Article

23 is often referred to as an "absolute" form of protection since no such tests have to be

satisfied

in order to exercise it.

Article 23.3 of the TRIPS Agreement sets out a specific rule for homonymous geographical

indications for wines by establishing that:

"In the case of homonymous geographical indications for wines, protection shall be accorded

to each indication, subject to the provisions of paragraph 4 of Article 22. Each Member shall

determine the practical conditions under which the homonymous indications in question will

be differentiated from each other, taking into account the need to ensure equitable treatment
of
the producers concerned and that consumers are not misled."

Indeed, Article 23.3 of the TRIPS Agreement specifically covers the cases of homonymous

geographical indications for wines, whose use does not falsely represent to the public that the

goods originate in another territory as provided in Article 22.4 of the TRIPS Agreement. In

such cases, both indications must be protected and concerned WTO Members must determine

the conditions necessary to differentiate homonymous indications for wines. In doing so, they

must ensure that consumers are not misled and that the producers concerned are treated

equitably.

The practical effect of this provision is that it prompts WTO Members to keep their markets

open in cases of homonymous geographical indications and mandates that adequate solutions

are found for the coexistence of products bearing such homonymous geographical indications.

Yet, this trade fostering solution is currently limited to wines, where it is clear that the same

solution could benefit other products including spirits and certainly to all other products

benefiting from geographical indication protection.

LEGAL SCENARIO IN INDIA

The GI Act, which came into force, along with the GI Rules, with effect from September 15,

2003, has been instrumental in the extension of GI status to many goods so far.

In India, there are two conditions that should be taken into consideration before according

protection to homonymousgeographical indications. The authority granting such protection to

one geographical indication as against the other, where both of them are called as homonymous

geographical indications as regard to each other, should grant protection only when it is

satisfied of the following conditions:

The probability of being practically able to differentiate between the products with respect to

such geographical indications in terms of the nature, quality, appearance, utility and overall

look and feel of the product so that every possibility of consumer confusion is avoided.
 Where such authority can ensure equitable treatment to producers/manufacturers of the two

concerned products and protect the rights of such producers and manufacturers in the same

manner through existing protection mechanism.

CONCLUSION

Conflicts regarding homonymous geographical indications typically arise where products on

which homonymous geographical indications are used, are sold in the same market. The

problem is accentuated where the homonymous geographical indications in question are used

on identical products. The geographical indications designate the true geographical origin of

the products on which they are used. However, concurrent use of homonymous geographical

indications in the same territory may be problematic where the products on which a

geographical indication is used have specific qualities and characteristics which are absent

from the products on which the homonym of that geographical indication is used. In this case,

the use of the homonymous geographical indication would be misleading, since expectations

concerning the quality of the products on which the homonymous geographical indication is

used are not met.

Therefore certain measures must be taken to ensure that homonymous geographical indications

can co-exist harmoniously.

What Do You Mean By Geographical Indication?

Answer: Geographical indications mean any indications which define the goods as originating in the
territory of a country or a region or locality in that territory, provided a given quality reputation or
other characteristics of the product are attributable to its geographical origin. this means that the
geographical indications has to indicate that a product of a particular origin has a certain quality or
reputation or some other characteristics, which is essentially attributable to its geographical origin.

Geographical indications are, for purposes of the TRIPS Agreement, a type of intellectual property
(IP).

Geographical Indications, (GIs) are defined, under Article 22(1) of the TRIPS Agreement, as:
indications which identify a good as originating in the territory of a Member, or a region or locality in
that territory, where a given quality, reputation or other characteristic of the good is essentially
attributable to its geographic origin. Geographical indications are valuable to producers from
particular regions for the same reasons that trademarks are valuable.

First, they are source; identifiers; they identify goods as originating in a particular territory, or a
region or locality in that territory. Geographical indications are also indicators of quality they let
consumers know that the goods come from an area where a given quality, reputation or other
characteristic of the goods is essentially attributable to their geographic origin. In addition, GIs are
business interests?

GIs exist solely to promote the goods of a particular area. Finally, for purpose of the TRIPS
Agreement, GIs are intellectual property, eligible for relief from acts of infringement and/or unfair
competition.

Geographical indications are used to indicate the regional origin of particular goods, whether they
are agricultural products or manufactured goods; provided that those goods derive their particular
characteristics from their geographic origin. Any producer who meets the standards set by the GI
owner can use a GI. In the United States, the owner of a GI can be any legal entity be it a
government, an association of producers, or even an individual.

In India geographical indications are protected and governed by the geographical indications of
goods (registration and protection) act 1999. Under the geographical indications of goods
(registration and protection) act 1999 an application can be made for registering a geographical
indication by an association of persons or producers or any organization or authority representing
the interests of the producers of the goods concerned under section 11 of the act.

The following geographical indications are prohibited from registration under section 9 of the act:

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

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

which comprises or contains scandalous or obscene matter;

which comprises or contains any matter likely to hurt the religious susceptibilities of any class or
citizens of India.

which would be disentitled to protection to protection in the court of law.

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 goods originate, but falsely represent to the persons that
the goods originate in another territory, region or locality, as the case may be, shall not be registered
as a geographical indication.
Section 18 of the act provides that the registration of a geographical indication shall be for a period
of 10 years and shall be renewed for a period of another 10 years on an application made in the
prescribed manner and within the prescribed period and subject to the payment of the prescribed
fees.

Case study of basmati rice:

Basmati rice , the speial variety of rice with fragrance is grown in foothills of Himalayan mountains.
The issue became contentious when it was found that a us company has identifed the molecules
which give fragrance to rice. Thus basmati rice was grown in us in green houses. The particular seed
developed by biotechnology was patented by u.s. the Indian gov took up the matter with us patent
office and managed to stop the patenting of a geographical indication. The us gov too supported
india on basmati rice issue. But inddia couldn’t get help from wto on issue of violation of
geographical indication legislation in the issue of patenting og a geographical indiacartion name. the
reason for this was that india doenst have legislation of registeration og geographical indiacations.
Hence wto is of no help. Hence geograpgical indication of goods (registeration and protection) act
1999 was enacted in india.