GEOGRAPHICAL INDICATION
GEOGRAPHICAL INDICATION
For every region, there is a familiar unique thing that has a greater reputation for that particular place. For example, when you hear the name of Salem, mangoes immediately come to your mind, because the association stems from the region’s famed mango orchards renowned for their exquisite produce. The reason behind the familiarity is the good aroma and flavor of the mangoes which is different from the other regional places. If you are selling the Salem mangoes and other regional mangoes in the market, absolutely the people will buy Salem mangoes at large, because of the familiarity of the Geographical indicated product. The originality should be differ in other regions. Getting a Geographical indication for your product which increases the popularity and protects your product value.
What is a Geographical Indication?
Geographical indications, also known as GI in short, refers to an indication that identifies the goods, such as agricultural goods, natural goods, or manufactured goods, as originating in the country, region, or locality. This article explores the concept of geographical indications, the registration process, the benefits of protection, and notable examples from India and around the world.
Geographical Indication Defined:
Each ancient region or province has a geographical specialty to offer. These indications denote the quality, reputation, and other characteristics of such goods essentially attributable to their geographical origin.
For example, Kanchipuram is famous for its silk. The quality of the silk is associated with its region of origin, Kancheepuram.
Historical Background in India:
In India, earlier there was no law governing the registration and protection of Geographical Indication. The Basmati Controversy between India and USPTO (United States Patent and Trademark Office) regarding patent rights of basmati rice given to a US multinational Ricetec Inc. led to the enactment of the Geographical Indication of Goods (Registration and Protection) Act,1999. The Act governs the registration of Geographical Indication.
The right conferred on GI is the right to prevent commercial exploitation of the rights of the owner of that property. The GI not only protects the product from the region of origin but also the essential qualities, reputation, or other characteristics of the product. The GI helps to protect ancient cultural products, traditional methods, and our customs, and to raise their profile and popularity at an international level.
BENEFITS OF GEOGRAPHICAL INDICATION
- Effective Protection for Producers: The GI provides effective protection for the user and the organization producing the product in the region concerned. This ensures the legal protection for the producers, ensuring that their rights are upheld thereby safeguarding against their unauthorized use.
- Prevention of Imitation: It prevents the copying and imitation of goods by unauthorized users. It helps to preserve originality and increase the economic growth of producers. Not only that, but also by preventing imitation, GI safeguards the unique characteristics of the regional products, thereby preserving cultural heritage and fostering a sense of identity for the local community.
- Value Addition and Increased Demand: Registration adds tremendous value to regional goods and increases demand for the products in the country and overseas. It enhances the economic growth of producers encouraging innovation, and provides a competitive edge over other producers and serves as a motivation tool to improve the product and process.
- Preservation of cultural heritage: Many products have built up a reputation over time for the good quality of a particular region. This reputation, if not protected, can be jeopardized by dishonest operators. This can result in a consumer buying a counterfeit or copied product instead of a genuine product, which can severely damage the goodwill and reputation of the business.
- Consumer Protection: In order to prevent such illegal markets, the GI grants rights to the producers of such products. As a GI is a national good, the right is not granted to an individual, but to a group of persons or producers of the product, or to an organization or authority representing producers of goods. Thereby, it improves the economic well-being of those who manufacture goods within that specific region.
REGISTRATION PROCESS :
The registration of a geographical indication involves a structured process to ensure the authenticity and legal protection of the product. the overview of the key steps is as hereunder:
Documents required for the registration of a geographical indication
- Application Form: The application for registration of a geographical indication must be made in the prescribed form, which is Form GI-1.
- Statement of Case: Along with the application form, three copies of a Statement of Case must be submitted. Under this we need:
- Geographical map of territory or country or region or locality in which the goods originate or are being manufactured.
- Particulars regarding the appearance of the Geographical Indication, including whether it is comprised of words or figurative elements or both.
- Proof of identity of the associate members or applicants
- Proof of address of the associate member or applicant
3. Additional Representations: Five additional representations of the geographical indication must be submitted. These representations should correspond exactly with the representation provided in the application form and its copies.
4. Affidavit of User: The applicant is required to file an affidavit testifying to the use of the geographical indication in respect of the goods mentioned in the application. This affidavit should include details such as the period of use, the person by whom it has been used, the volume of sales, and the specific territory to which the geographical indication relates.
5. Proof of Origin: Historical records or other evidence of the origin of the geographical indication may also need to be provided as proof of its authenticity.
It is important to note that a single application can be made for the registration of a geographical indication for different classes of goods, and the fee payable will be in respect of each class of goods. The application should be filed in the office of the Geographical Indications Registry within the territorial limits of the territory, region, or locality to which the geographical indication relates.
The procedure for registering a geographical indication:
- Application Submission: Any association, organization, or authority representing the producers of the goods can apply to the Registrar of Geographical Indications for the registration of a geographical indication. The application should include details about the goods, the territory of origin, and the specific qualities or characteristics associated with the geographical environment to be submitted in the form GI-1 with requisite fees.
- Examination by Registrar: The Registrar examines the application and may accept it, refuse it, or request amendments or modifications. The decision is based on the provisions of the Geographical Indications Act and the materials provided in the application.
- Advertisement and Opposition: If the application is accepted, it is advertised to allow for opposition from interested parties. Any opposition to the registration must be filed within the time period of 4 months.
- Registration: If there is no opposition or if the opposition is resolved in favor of the applicant, the geographical indication is registered. The registration is recorded in the Register of Geographical Indications, which contains information about the proprietors and authorized users of the geographical indication.
The Registration process will be completed in a span of 12 months.
Effect of Registration: Once registered, the geographical indication is protected under the Geographical Indications Act. It confers certain rights to the proprietors and authorized users and serves as prima facie evidence of validity.
DURATION:
The registration is valid for a 10 year duration and can be renewed for another 10 years upon payment of the prescribed fee. Failure to pay the renewal fee may result in the removal of the registration from the register.
A GI can only be used by locals or those who have a business in a geographical area. If someone from another region uses the name unnecessarily or incorrectly, they will be penalized. This prevents unauthorized usage, reinforcing the commitment to preserve regional authenticity.
PROTECTED CATEGORIES AND EXAMPLES :
What can be protected by registering a geographical indication?
The indemnity agreement should specify the duration of the limit of the agreement to be enforced or to be in effect. The clear time and period and validity of the agreement should be clearly understanded by both parties.
These are the essential elements for the drafting of the indemnity agreement. Every agreement should contain these clauses for the legal enforcement of the agreement.
In general, Protects regional goods from being imitated or reproduced
- Protects the regional value and quality of regional goods
- It preserves endangered regional goods and enhances their value on a global scale.
- Protects the hard work of regional workers and improves their livelihoods
- Protect consumers from counterfeit goods.
As per the Geographical Indication of goods (Registration and Protection) Act,1999, it protects a wide range of products originating from a specific geographical location, whose qualities, reputation, or other characteristics are essentially due to that origin. These products can be broadly categorized into three groups:
- Agricultural goods : like Darjeeling Tea, Alphonso Mangoes .
- Natural Goods: like Himalayan Honey, Coorg Coffee.
- Manufactured goods: like Tirupur Cotton/Knitwear, Firozabad Glassware.
Some of the best-known geographical indications:
The government registry has so far certified 193 products as registered GIs of India.
Some of the famous geographical indications in Tamilnadu:
Geographical Indication (Goods or Service) | Location |
Madurai Malli | Madurai |
Srivilliputtur Palkova | Srivilliputtur |
Erode Manjal | Erode |
Thanjavur painting | Thanjavur |
Coimbatore wet grinder | Coimbatore |
Salem Fabric | Salem |
Some of the famous geographical indications in India:
Geographical Indication (Goods or Service) | Location |
Darjeeling Tea | West Bengal |
Aranmula Kannadi | Kerala |
Mysore Sandalwood Oil | Karnataka |
Muga Silks | Assam |
Varanasi Kachmani | Uttar Pradesh |
Gir Kesar Mango | Gujarat |
Some of the famous geographical indications in world:
Geographical Indication (Goods or Service) | Location |
Kilim Carpets | Turkey |
Swiss Watches | Switzerland |
Yangzhou Lacquerware | China |
Kampot Pepper | Cambodia |
Scotch Whisky | United Kingdom |
Penja Pepper | Cameroon |
CONCLUSION:
In conclusion, geographical indications (GIs) serve as invaluable guardians of cultural heritage, economic sustainability, and consumer trust. The Geographical Indication of Goods (Registration and Protection) Act, 1999, has not only protected traditional products in India but has also set a precedent for similar legislation globally. The significance of GIs lies in their multifaceted impact—they preserve the unique qualities of regional goods, foster economic growth by adding value to local products, and act as a shield against unauthorized imitation.
The success stories of renowned GIs like Darjeeling Tea and Swiss Watches underscore the positive influence on local economies, promoting a sense of pride in regional craftsmanship. The registration process not only offers legal protection but also enhances marketability, providing producers with a competitive edge in a globalized marketplace.
As consumer preferences continue to shift towards authenticity and sustainability, GIs play a pivotal role in meeting these demands. The commitment to preserving traditional methods and cultural practices resonates with consumers seeking meaningful connections with the products they choose. Moreover, the international recognition of GIs emphasizes the importance of mutual respect and cooperation in the global trade landscape.
Looking ahead, the evolution of GI frameworks presents opportunities for businesses to distinguish their products while contributing to the economic development of their regions. In this shared responsibility, the celebration and preservation of the authenticity of regional products become integral to creating a marketplace where diversity, craftsmanship, and sustainable practices are valued and upheld. Geographical indications not only protect the past but also shape the future, ensuring that the stories embedded in regional products endure for generations to come.
FAQ
Frequently Asked Questions (FAQs):
Is registration for Geographical Indication compulsory?
Registration provides enhanced legal protection, enabling easier pursuit of infringement actions. Both the registered proprietor and authorized users have the authority to initiate legal actions against infringement. Additionally, authorized users possess the exclusive right to utilize the geographical indication, reinforcing the importance of registration in safeguarding these rights.
Who can apply for the registration of a geographical indication?
Any group of people, businesses, associations, or authorities created by or under the law may be eligible to apply. The applicant is required to represent the producers' interests.
How are GIs relevant to your business?
Consumers are increasingly focusing on the origin of products, valuing specific qualities associated with certain regions. The "place of origin" becomes a signal for potential quality or characteristics that align with consumer preferences. Geographical indications (GI) serve as distinctive markers, allowing consumers to differentiate products based on their origin-linked features. Consequently, GIs play a pivotal role in establishing collective brands for products with inherent quality tied to their origin.
How much does it cost to register a GI ?
The cost of registering a GI varies from country to country and based on the different classes for which registration is sought. One can check the latest fees on the website of the controller general of patents (https://ipindia.gov.in/fees-gi.htm) or contact the regional office for details on the fee structure. For International Registration, a GI may need to be protected in their country of origin before they can be protected overseas.
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