Geographical indication

What is ‘Geographical Indication’?

A geographical indication is a type of intellectual property (IP) used as a sign on goods that have a specific geographical origin and possess qualities, reputation, or characteristics that are essentially attributable to that place of origin.

Geographical Indication, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of 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. GIs are focused on products that derive their unique qualities from their geographical origin. A GI refers to names or signs used on products that have a specific geographical origin and possess qualities, reputation, or characteristics inherent to that location.

Official Definition of ‘Geographical Indication’

Geographical Indication as defined in Legislations

Geographical Indications of Goods (Registration and Protection) Act, 1999

In India, Section 2(1)(e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999, defines “geographical indication”, in relation to goods, 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.

Any name which is not the name of a country, region, or locality of that country shall also be considered as a geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region, or locality, as the case may be.

Legal Provisions related to GIs

Register of Geographical Indications

The Register of Geographical Indications is created under Section 6 of the Geographical Indications of Goods (Registration and Protection) Act, 1999. Registered geographical indications are entered into the register along with the names, addresses, and descriptions of the proprietors and authorized users; the register may also include such other information relating to registered GIs as may be prescribed. The register is kept under the control and management of the Registrar, working under the superintendence and direction of the Central Government.

Procedure for filing a Geographical Indication

For the procedure of filing a geographical indication (GI), the application is filed by an association of persons, producers, or any organization or authority representing the interests of the producers of the goods. The applicant must make sure that the indication is within the definition given in Section 2(1)(e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999before the application is filed. The Application must be in accordance with Rule 32 of Geographical Indications Of Goods (Registration and Protection) Rules, 2002. According to it, the application must be completed in triplicate,signed by the applicant or their agent, and accompanied by a statement of case, an affidavit explaining how the applicant represents the producers, and three certified copies of the map of the geographical area concerned. The application must include the product's special characteristics, inspection structure, and the quality control along with the names or collective reference if the producers are many.

The Registration Process. Accessible at https://ipindia.gov.in/the-registration-process-gi.htm

The application is subjected to a preliminary scrutiny and then examined by the Examiner, who assesses it for any observed deficiencies. If any shortcoming is found, the applicant is supposed to correct it within a month's time. A consultative group of experts reviews the statement of case for authenticity, after which an Examination Report is issued. If the Registrar raises objections, a show-cause notice is issued, and the applicant must respond within two months or request a hearing. The decision of the Registrar will be communicated, and appeals can be filed within one month. In addition, the registry can also withdraw an application which has been accepted by mistake, after an opportunity has been given to be heard.

Upon acceptance, the application would be advertised in the Geographical Indications Journal within three months. Any person may then give a notice of opposition to the application within; three months (which may, be extended for one month at request). In that event, it is up to the applicant to file a counter-statement within the two-month time limit, otherwise, the application is deemed to be abandoned. If a counter-statement is filed, evidence from both sides is required, and a hearing takes place.

As a result, the GI is registered, and the date of filing is also considered the score date for registration. A certificate under the seal of the GI Registry will be given out. This registration will endure for 10 years, after which it may be renewed by paying the renewal fee. Furthermore, the Act makes provisions for adding protection to particular goods that are notified.

Eligibility Criteria for GI Protection

According to section 2(1)(e) of the Act, to come under protection as a GI, a product must derive from a well-defined geographical area, having qualities or reputation associated with that geographical area. These goods may be agricultural, natural, or manufactured. In the case of manufactured goods, at least one of the stages in the production, processing, or preparation of the product must take place in the territory concerned. There has to be a real association in the minds of the consumer between the peculiarities of the goods and their geographical source for the registration criteria to be satisfied under Indian law and TRIPS provisions.

Rule 23(6) of Geographical Indications Of Goods (Registration and Protection) Rules, 2002 provide for the following conditions that the application for the registration of a geographical indication for goods must satisfy:

1. The geographical indication must be defined with sufficient precision so that the right to obtain relief in respect of infringement of geographical indication can be determined;
2. The graphical representation must be able to stand in place of the geographical indication without the need for supporting samples;
3. It must be reasonably practicable for persons inspecting the Register or reading the Geographical Indications Journals to understand from the graphical representation what the geographical indications is
4. An application for the registration of a three dimensional geographical indication shall not be acted upon as such unless the application for registration contains a statement to that effect;
5. Where a colour combination is claimed as an element of a geographical indication in an application for the registration, it shall not be acted upon as such unless the application contains a statement to that effect and specifies the colours;

Statutory Exclusions for GI Protection

Since GI protection is granted to legitimize the real owners of GIs, Section 9 of the Geographical Indications of Goods (Registration and Protection) Act, 1999,states that not everything can be GIs. Section 9 provides that generic names, likely to deceive or cause confusion to the public, or are prohibited by law, scandalous, or obscene, shall be excluded from GI protection.

Also unprotected GIs include, GIs that cease to be protected in their country of origin or have fallen into disuse. Noteworthy is Section 25 of the Act, which prohibits the registration of geographical indications as a trademark, thereby preserving the collective nature and public ownership of geographical indications and preventing any privatization of regional heritage.

Civil Remedies for Infringement

The law for GI provides for civil remedies for infringement under Sections 22 to 24 of the Geographical Indications of Goods (Registration and Protection) Act, 1999. Under Section 22,infringement is defined as any unauthorized use of a registered GI whereby such user misleads and misinforms consumers or constitutes unfair competition against the registered proprietor. Section 23 recognizes the prima facie validity of registered GIs in proceedings before courts, while Section 24 remedies provide for injunctions, damages, or delivery for destruction of infringing labels and materials upon application by the registered proprietor or authorized users. The above provisions protect the economic and reputational interest attached to a GI.

Geographical Indication as defined in case laws

• In Tea Board, India v. ITC Limited, the Calcullta High Court focused on whether GI protection extends beyond goods to services. The Court emphasized that the GI Act’s definition in Section 2(1)(e) is “confined to goods” and does not extend protection to services. Justice Sanjib Banerjee observed that the Act aims to promote “economic prosperity to producers of goods bearing Indian geographical origin.”
• In Scotch Whisky Association v. Pravara Sahakar, The Bombay High Court observed that GIs protect only the geographical name itself, and do not forbid true statements of description with respect to origin. The illegitimate use of a geographical term generally associated with a product of distinctive origin in trademark or trade name (e.g., 'Scotch' for whisky), as well as any suggestive image or misleading branding, constitutes misrepresentation or passing off, especially when there is no statute protecting such geographical indication.

Geographical Indication as defined in international instrument(s)

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)

Common minimum standard of GI protection to all goods

Article 22 of the TRIPs agreement grants a common minimum standard of GI protection to all goods. It provides for provisions against misleading the public, In respect of geographical indications, Members shall provide the legal means for interested parties to prevent:

• The use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good;
• any use which constitutes an act of unfair competition within the meaning of Article 10(b) of the Paris Convention (1967). A Member shall, ex officio if its legislation so permits or at the request of an interested party, refuse or invalidate the registration of a trademark which contains or consists of a geographical indication with respect to goods not originating in the territory indicated, if use of the indication in the trademark for such goods in that Member is of such a nature as to mislead the public as to the true place of origin.

Additional Protection for Geographical Indications for Wine and Spirits

Article 23 of the TRIPs agreement gives a higher level or additional protection ‘wines and spirits’, which is a complimentary protection in addition to the Article 22 common protection. It states

1. Each Member shall provide the legal means for interested parties to prevent use of a geographical indication identifying wines for wines not originating in the place indicated by the geographical indication in question or identifying spirits for spirits not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like.
2. The registration of a trademark for wines which contains or consists of a geographical indication identifying wines or for spirits which contains or consists of a geographical indication identifying spirits shall be refused or invalidated, ex officio if a Member’s legislation so permits or at the request of an interested party, with respect to such wines or spirits not having this origin.
3. 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.
4. In order to facilitate the protection of geographical indications for wines, negotiations shall be undertaken in the Council for TRIPS concerning the establishment of a multilateral system of notification and registration of geographical indications for wines eligible for protection in those Members participating in the system.

At the national front, India has the highest registrations of GIs in agricultural and handicrafts classes of goods. Section 22 (2) and (3) of Geographical Indications of Goods (Registration & Protection) Act, 1999 enable India to grant additional protection to ‘certain goods’ - the expression ‘certain goods’ is not defined in the Act. Section 22 (2) grants the Central Government, the authority to provide additional protection to certain class of goods by publishing a notification in the Official Gazette to that effect. When Article 23 of TRIPS Agreements qualifies only wines and spirits for higher level protection; the Indian GI statute does not restrict the additional protection to any specific class/es of goods.

Types of ‘Geographical Indications’

Agricultural goods

These are products directly derived from agricultural activities where the climate, soil quality, and local farming practices contribute to their unique characteristics. eg - Basmati Rice – Its aroma and long grain structure are tied to the geography of the Indo-Gangetic plain.

Natural Goods

Goods which occur in nature, are not processed or manufactured, and derive their qualities directly from the physical geography and natural resources of the region. Example: Makrana Marble: Known for its purity and white color, Makrana Marble is a product of the unique geological formations of Rajasthan.

Manufactured Goods

Products that undergo at least one stage of processing, production, or preparation in a specific region. They must still owe their reputation or quality to their geographical origin. For a good to qualify as manufactured good, atleast one of the activities of production or of processing or preparation of the goods concerned takes place in such territory. Example: Kanchipuram Silk Sarees – While the raw silk may come from outside, the intricate weaving techniques used in Kanchipuram define the GI.

International Experiences

European Union – PDO & PGI

The EU has a tier structure for GI registrations pursuant to Regulation (EC) No 510/2006:the highest tier being protected designation of origin (PDO) and the lower protected geographical indication (PGI).

Protected Designation of Origin (PDO) status means that all stages of production, processing, and preparation must take place in the specific region, thereby linking the quality of the product to that geographical area and human factors. On the other hand, Protected Geographical Indication (PGI) requires that only one stage of production be established in the region, retaining a reputation of being linked to said region. The EU system works closely with data collection and registration protocols across member states with a view to protecting rural economies and satisfying the expectations of consumers.

United States – Certification/Collective Marks

The U.S. lacks a distinct Geographicla Indication (GI) law, it incorporates GIs into the trademark framework through certification and collective marks. Maker groups such as “Idaho Potatoes” and “Napa Valley Wines” obtain GI defense under these labels, guaranteeing conformity and stopping unauthorized use. . Certification marks are particularly dominant, their owner does not use the mark directly but sets standards for who may use it, acting as a gatekeeper. This design, utilizing current brand protection systems, complies with international trade rules without establishing a new framework.

China – SAMR Oversight

China's State Administration for Market Regulation (SAMR), functions as the regulator for its GI registry since joining the WTO in 2011 . The administrative system integrates civil registration guidelines with regulatory enforcement for labeling standards and counterfeit good prevention. The government regulatory bodies together with state-owned associations handle the management of Chinese GIs which include products such as Shaoxing wine and Anji white tea. The combination of these two approaches allows China to meet its dual objectives of safeguarding its cultural heritage while developing export-oriented branding practices.

Geographical Indications as defined in official databases

Registered GIs

The updated list of registered GIs is maintained on the IP India website

Updated list of Registered GIs Available at: https://ipindia.gov.in/registered-gls.htm

Annual report on intellectual property 2023-24

The annual report provides information on total number and annual trends of GI applications filed revenue generated from geographical indication registry.

World Intellectual Property Organization (WIPO) Indicators

The WIPO Indicators report, gives an overview of the present scenario of geographical indications (GIs) across the globe as compiled by WIPO . It gives the number of GIs presumably in force. This information is classified by income group, geographical regions, type of product,

It is a comprehensive categorization of GIs around the globe by number, income level, and geographic distribution, breakdown by country, and most importantly, by product.

Research that engages with geographical indication

Challenges posing to geographical indication in India

The research paper titled Challenges posing to geographical indication in India by Shilpa Rathod, published in IPR Journal of Maharashtra National Law University, Nagpur argues that India's Geographical Indications (GI) Act of 1999 is not fulfilling its promise of equitable protection and economic growth due to a set of specific interrelated problems that the author argues need to be targeted by the government for intervention.

The foremost of those problems are:

• Legal, which include an overly convoluted and lengthy registration process that leads to massively backlogs and glaring disparity where states like Karnataka and Tamil Nadu are dominating the registrations as opposed to others, which are almost nil;
• Economic, actual producers do not reap the benefit of the profits that are mostly captured by the middlemen and the extensive costs both for marketing and legal enforcement against infringement are prohibitive; Social, in that there is widespread ignorance among rural artisans on the GI law, rights and protection process and geographical where one GI registry is housed in Chennai which itself is a severe accessibility hindrance for producers of fairly distant states.

What would remedy these structural failures, in the author's opinion, is a multi-pronged strategy: an expedited examination process and harsher penalties to amend legal loopholes, supplying government export subsidies and grant to counter economic impediments, opening up regional branches of the registry to cure the geographical issue and conducting vast campaigns and fusing GI promotion with tourism to bridge the social knowledge divide that will ultimately make the system really effective and accessible for all Indian producers.

Geographical Indications at the Crossroads of Trade, Development, and Culture

The book titled Geographical Indications at the Crossroads of Trade, Development, and Culture: Focus on Asia-Pacific argues that the Geographical Indications (GIs) have transitioned from their traditional roots of protecting local products like European wines and cheeses to becoming powerful tools of trade, development, and cultural identity. In the author's opinion, GI is increasingly seen by Asia-Pacific and developing states as instruments of economic growth and conservation of local heritage. Key trends include the globalization of GI discourse beyond Europe, the changing nature of GI grant criteria from rigidly territorial to historical reputational Indications, and the GI instrument's strategic use in international trade negotiations, particularly the EU-WTO negotiations. Still, there remain concerns about market distortions and the GI's potential to be misused against local producers. The author ultimately makes a call for a balancing GI regime that upholds the cultural heritage, guarantees consumer clarity, and shares equitable economic gains.

Should India Join the Geneva Act of the Lisbon Agreement, 2015? (Spicy IP Blog)

The article by Latha Nair argues rationally that India must consider the accession to the Geneva Act for the Lisbon Agreement, which will hold significant advantages for India in the international protection and promotion of its diverse Geographical Indications (GIs). Unlike its predecessor, the Geneva Act is more inclusive as it encompasses Appellations of Origin as well as GIs as defined under TRIPS. For India, with over 360 registered GIs and their premium exports like Darjeeling tea and Basmati rice, this can lead to enhanced GI protection and thereby greater market access; registration is thus simple, fast, inexpensive, and subject to minimum renewal requirements. Any accession may provide an impetus for much-needed domestic reform in GI regulatory affairs, as well as in quality control issues, to place India in a pivotal position as the regional leader in GI protection and trade enhancement.

References

[1] The Geographical Indications of Goods (Registration and Protection) Act, 1999, section 2(1)(e)

[2] The Geographical Indications of Goods (Registration and Protection) Act, 1999, section 6

[3] The Geographical Indications of Goods (Registration and Protection) Act, 1999, section 2(1)(e).

[4] The Geographical Indications of Goods (Registration and Protection) Act, 1999, section 9

[5] The Geographical Indications of Goods (Registration and Protection) Act, 1999, section 25

[6] The Geographical Indications of Goods (Registration and Protection) Act, 1999, section 22

[7] The Geographical Indications of Goods (Registration and Protection) Act, 1999, section 23

[8] The Geographical Indications of Goods (Registration and Protection) Act, 1999, section 24

[9] The Office of The Controller General of Patents, Designs, Trade Marks And Geographical Indications Government of India, Annual report 2023-24  annual report on intellectual property 2023-24

[10] Tea Board, India v. ITC Limited, CS No. 250 of 2010 (Calcutta HC, 2019). https://indiankanoon.org/docfragment/188457632/?formInput=gi%20act

[11] The Scotch Whisky Association & Others v Golden Bottling Ltd [2006] 129 DLT 423, 2006 (32) PTC 656 (Del). https://indiankanoon.org/docfragment/190582476/?formInput=gi%20act

[12] COUNCIL REGULATION (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

[13] Geographical Indications (GI) Protection, https://www.uspto.gov/ip-policy/trademark-policy/geographical-indications-gi-protection

[14] New foreign GI regulations take effect in China, with some contradictions, https://www.wanhuida.com/Content/2024/06-18/1316151561_print.html

[15] World Intellectual Property Indicators 2024: Highlights, Geographical Indications Highlights, https://www.wipo.int/web-publications/world-intellectual-property-indicators-2024-highlights/en/geographical-indications-highlights.html

[16] Calboli, I. (2015). Geographical Indications at the Crossroads of Trade, Development, and Culture, https://scholarship.law.tamu.edu/facscholar/1355/

[17] Geographical Indications in Indian Context: A Case Study of Darjeeling Tea https://www.jstor.org/stable/4417300

[18] Should India Join the Geneva Act of the Lisbon Agreement, 2015? https://spicyip.com/2020/03/should-india-join-the-geneva-act-of-the-lisbon-agreement-2015.html

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