Protection of Geographical Indications in India is governed by the legislation
namely The Geographical Indications of Goods (Registration & Protection) Act,
1999, which seeks to provide for registration and better protection of geographical
indications relating to goods in India. This Act also provides for setting up a
Geographical Indications Registry for the purposes of registration of GIs in India.
The Geographical Indications Act affords protection to goods that can be identified
as originating or manufactured in the territory of a country or a region or locality
in that territory where a given quantity, reputation or other characteristic of such
goods is essentially attributable to its geographical conditions. In the case where
such goods are manufactured goods, one of the activities of production or of processing
or preparation at goods concerned takes place in such territory or locality as the case
may be. The term is initially for a period of 10 years and can be renewed from time
Until recently India did not have a specific law governing geographical indications
of goods, which could adequately protect the interests of producers of such goods,
unless a geographical indication is protected in the country of its origin, there is
no obligation under the Agreement on Trade Related Aspects of Intellectual Property
Rights (TRIPS) for other countries to extend reciprocal protection. In view of this,
it was considered necessary to have a comprehensive legislation for registration and
for providing adequate protection for geographical indications. The pertinent has passed
legislation, namely, the Geographical Indications of Goods (Registration and Protection)
Act, 1999. The legislation will be administered through the Geographical Indications
Registry under the overall charge of the Controller General of Patents, Designs and
Geographical Indication Rights have already been obtained for 'Darjeetdng Tea',
'Paithani Sarees', Kota Doria.
A Geographical Indications Registry has been established in Chennai for the
purpose of administering the legislation.
Appeal against Registrar's decision would be to the Intellectual Property Appellate
Board established under the Trade Marks legislation.
On receipt of the application, a number will be allotted. Thereafter, the application
would be examined to check whether it meets the requirements of the Act and Rules.
For this purpose the Registrar shall ordinarily constitute a Consultative Group of
experts to ascertain the correctness of the particulars furnished. After issuance of
the Examination Report, submissions of the applicant would be considered. If no further
objection is raised, the application would be accepted and would be advertised in the
Geographical Indications Journal. An opposition can be lodged within a maximum of four
month from the date of publication. If the opposition is dismissed, the application
will proceed to registration in Part A of the Register unless the Central Government
Geographical Indications (GIs) can be best explained by referring to some of the world
famous GIs (Indian examples) like the Basmati Rice, Kanchipuram Silk, Darjeeling Tea,
Alphanso Mango, Nagpur Orange, Kolhapuri Chappal and Bikaneri Bhujia. The well-known
GIs include the Scotch Whiskey, Chinese Silk and the Venetian Glass. IDAHO for potatoes,
WASHINGTON STATE for apples and FLORIDA for oranges are some of the Geographical
Indications of the United States.
A Geographical Indication is an indication that is used to identify agricultural,
natural or manufactured goods originating from a definite geographical territory
having a special quality or reputation or other characteristics. The manufactured
goods should be produced or processed or prepared in that territory. Geographical
Indications encompasses what is known as Appellation of Origin. An Appellation of
Origin is a special kind of Geographical Indication used on products that have a
specific quality that is exclusively or essentially due to the geographical environment
in which the products are produced.