Geographical Indications

What is a Geographical Indication (G.I)?

- A sign used on products with a specific geographical origin.

- The product possesses qualities, reputation, or characteristics due to that origin.

- Protected as an Intellectual Property Right.

- Link between product quality and geographical environment.

Section 2(e) of the G.I Act, 199, 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.

Essentials

- It is an indication.

- It originates from a definite geographical territory.

- It is used to identify goods having special characteristics originating from a definite geographical territory.

- It is used to identify agricultural, natural or manufactured goods.

- The manufactured goods should be produced or processed or prepared in that territory.

- It should have a special quality or reputation or other characteristics.

Characteristics

- The G.I sign must identify the product as originating in a given place.

- The qualities, characteristics, or reputation of the product must be essentially due to the place of origin.

- There should be a clear link between the product and the original place of production.

Roquefort (France) – Cheese

- This cheese is produced in the Roquefort-sur-Soulzon region.

- It is made from the raw milk of the Lacaune breed of sheep.

- The cheese is aged in natural limestone caves.

- It features distinct blue veins and a strong aroma.

- There is a strong link between natural and human factors in its production.

Image summary: A photograph shows two wedges of Roquefort cheese, displaying its characteristic creamy texture and blue-green mold veins.

Swiss Made (Switzerland)  Watches

- Technical development is carried out in Switzerland.

- The Swiss movement is assembled and inspected in Switzerland.

- The final inspection takes place in Switzerland.

- There is a minimum sixty percent manufacturing cost in Switzerland.

- Switzerland has a global reputation for precision craftsmanship.

Chulucanas (Peru)  Ceramics

- These ceramics are produced in the Piura region.

- They make use of local yellow and black clay.

- Ancestral techniques from the Vics and Talln cultures are used.

- The firing process uses mango leaf smoke.

- The pieces are hand-polished for a distinctive shine.

Image summary: A photograph showing a group of finished Chulucanas ceramic vessels. The pottery features a high-contrast black and cream color palette with various geometric patterns, swirls, and polished surfaces.

Caf de Colombia  Coffee

- It is grown in defined Colombian regions.

- It requires specific altitude and climate conditions.

- It has a strong global reputation.

- It was recognized as an Appellation of Origin in 2005.

- It is registered as a Protected Geographical Indication in the European Union.

Comté (France) – Cheese

- This cheese is produced in the Jura Mountains.

- It is made using milk from Montbéliarde and French Simmental cows only.

- There are strict grazing and stocking regulations in place.

- Milk collection occurs within a twenty-five kilometer radius.

- The production follows a cooperative tradition.

Image summary: A photograph shows a wooden cutting board with a wedge of Comté cheese, bread slices, and a small bowl of olives, representing the product and its serving style.

Thai Silk (Thailand)  Textile

- It is made from silkworms raised on mulberry leaves.

- It has a coarse texture with irregular threads.

- It uses a traditional hand-weaving process.

- It features region-specific patterns and dyeing.

- It reflects centuries-old craftsmanship.

Image summary: A photograph shows several folded pieces of traditional Thai silk fabric. The textiles feature intricate, geometric patterns in rich red, gold, and brown tones.

Argan Oil (Morocco)  Oil

- It is extracted from argan tree kernels.

- The trees are grown in specific Moroccan regions.

- Traditional extraction methods are used.

- There is a strong natural environment link.

- Argan oil has high cosmetic and culinary value.

Image summary: A photograph shows a small glass bottle of golden argan oil with a cork stopper, surrounded by argan nuts and a small green argan plant, highlighting the oil's natural origin.

Gruyère (Switzerland)  Cheese

- It is produced in a defined Swiss region.

- Traditional cheese-making methods are used.

- There are specific aging requirements.

- It is protected under a sui generis system.

- There is a strong climate and regional linkage.

Image summary: A photograph shows a large wheel of Gruyère cheese with a wedge-shaped piece cut out and standing upright on top, showcasing the cheese's dense texture and labelled rind.

Cricova (Moldova)  Wine

- This wine is produced in underground cellars sixty to eighty meters deep.

- It features a unique microclimate with temperatures between twelve and fourteen degrees Celsius and high humidity.

- The operation is protected under special national law.

- It is recognized as cultural heritage.

- The wine benefits from distinct environmental aging conditions.

Darjeeling (India)  Tea

- It is grown in Darjeeling tea gardens only.

- It requires specific altitude and climate conditions.

- It has a unique aroma and flavor profile.

- There is a strict code of practice.

- Protection prevents misuse on non-Darjeeling tea.

Camembert de Normandie (France) – Cheese

- This cheese is produced only in the Normandy region.

- It follows specific traditional production standards.

- It is distinguished from generic Camembert.

- There is a strong geographical and traditional link.

Image summary: A photograph shows a wheel of Camembert de Normandie cheese on a dark slate board, with a wedge cut out to reveal the creamy interior.

Benefits of Geographical Indications

- Geographical indications allow for product differentiation in markets.

- They support premium pricing and brand value.

- They contribute to rural development and employment generation.

- They help in the preservation of traditional knowledge.

- They assist in the prevention of free-riding and misuse.

G.I in India

- The G.I of Goods (Registration and Protection) Act, 19.

- It is valid for 10 years, and can be renewed from time to time.

- The G.I Registry is located in Chennai.

Registration

- Registration is not mandatory.

- However, only registered G.I's are protected.

- Section 20, subsection 1 of the G.I Act states that no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered G.I.

Types of goods over which you can get G.I

- First, Agricultural Goods, such as Darjeeling Tea and Nagpur Orange.

- Second, Manufactured Goods, including handicrafts and foodstuffs, such as Aranmula Kannadi, Kancheepuram Silk, and Tirupati Laddu.

- Third, Natural Goods, such as Makrana Marble from Rajasthan and Chunar Balua Patthar, which is red spotted sandstone from Uttar Pradesh.

Who can apply for registration?

- An application for the registration as an authorised user of the registered geographical indication shall be made by a producer and jointly by the registered proprietor of the said G.I.

'Producer', under Section 2(k) of the Geographical Indications of Goods (Registration and Protection) Act, 199 means:

- any person who produces the goods in case of agricultural goods, and includes the person who processes or packages such goods;

- any person who exploits the goods in case of natural goods;

- any person who makes or manufactures the handicraft goods;

- and any person who trades or deals in such production, exploitation, making or manufacturing of the goods.

Contd.

- Any association of persons, producers, organization or authority established by or under the law can apply under Section 11 of the G.I Act.

- The applicant must represent the interest of the producers.

- The applicant should be in writing in the prescribed form.

- The applicant should be addressed to the Registrar of Geographical Indications along with the prescribed fee.

Is the Registration Compulsory?

- Registration is not compulsory.

Section 20 of the G.I Act states there is no action for infringement of unregistered geographical indication. Specifically, no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered geographical indication. Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof.

- Registration affords better legal protection to facilitate an action for infringement.

- The registered proprietor and authorized users can initiate infringement actions.

- The authorized user can exercise the exclusive right to use the Geographical Indication.

- The registration of a geographical indication is valid for a period of 10 years and renewed from time to time.

Benefits of G.I Authorised User Registration

- G.I Authorised user registration provides the authorized user the exclusive right to use the registered G.I on the specified goods.

- The Registered Proprietor or Authorised users can initiate infringement actions.

- With the protection assured by G.I registration, the market is developed, and pirates and counterfeiters cannot infiltrate that market.

- Consumers are guaranteed of the genuineness of the product and of quality assurance.

- It confers legal protection.

- It prevents unauthorized use of a Registered Geographical Indication by others.

- It promotes economic prosperity of producers of goods produced in a geographical territory.

- It boosts the export.

- It can serve as source-identifiers for consumers.

- It helps the producers develop consumer loyalty.

- It plays a role in consumer decisions, including willingness to pay a higher price for regionally branded food products.

- For example, geographic location is an important component of wine pricing.

Examples of G.I

- Basmati rice.

- Mysore silk.

- Mysore sandalwood oil.

- Mysore sandal soap.

- Mysore jasmine.

- Coorg orange.

- Madhubani paintings.

- Darjeeling tea.

- Dharwad pedha.

- Alphonso mango.

- Tirupathi laddu.

- Kolhapuri chappal.

- Nanjangud banana.

Image summary: A series of product images including Mysore Sandalwood Oil, a Darjeeling tea logo, a Madhubani painting of a bird, Tirupathi laddus, and Basmati rice.

World examples include:

- Canadian whisky.

- Swiss watches.

- Florida oranges.

- Champagne.

- Tequilla.

How are G.I's protected?

In accordance with international treaties and national laws under a wide range of concepts:

- These include special laws for the protection of geographical indications or appellations of origin.

- They also include trademark laws in the form of collective marks or certification marks.

- Laws against unfair competition are also used.

- Consumer protection laws are applied, or

- Specific laws or decrees that recognize individual geographical indications.

Legislative Scheme

- India, as a member of the World Trade Organization, enacted the Geographical Indications of Goods (Registration and Protection) Act, 19, which has come into force with effect from 15 September 203.

- The Central Government of India has established the Geographical Indications Registry with all India jurisdiction in Chennai.

- The G.I Act is being administered by the Controller General of Patents, Designs and Trade Marks, who is the Registrar of Geographical Indications.

International treaties: part or entire protection of geographical indications.

- Providing General Standards of Protection.

- The Paris Convention, Article 10 and 10 ter, addresses false indications of the source of goods.

- The Madrid Agreement covers the repression of false or deceptive indications of the source of goods.

- Governing Registration Systems for obtaining protection.

- The Lisbon Agreement is for the Protection of Appellations of Origin and their International Registration.

- The Madrid Agreement concerns the International Registration of Marks.

- The Protocol Relating to the Madrid Agreement concerning the International Registration of Marks also provides for the international registration of certification marks.

trips Agreement

- There are two basic obligations on W.T.O member governments relating to Geographical Indications in the trips Agreement.

- Article 22 requires governments to prevent misleading the public as to the geographical origin of the good.

- Article 23 requires governments to prevent the use of a geographical indication identifying wines not originating in the place.

Conditions to get G.I Tag

- It relates to a goods, although in some countries, services are also included.

- These goods or services must originate from a defined area.

- The goods or services must have qualities, reputations, or other characteristics which are clearly linked to the geographical origin of goods.

G.I vs T.M

- Geographical indications 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.

- G.I's are owned by a group of people, while trademarks are owned by individuals or body corporates.

G.I vs T.M (contd.)

- 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 G.I may be used by any person who is an authorized user, but because of its link with the place of origin, a G.I cannot be assigned or licensed to anyone not belonging to the group of authorized users.

Conclusion

- G.I's combine geography, tradition, and quality.

- They are powerful tools for branding and rural development.

- Proper legal protection is essential.

- Successful G.I requires collective management and enforcement.