Geographical Indications (GIs)

Definition of Geographical Indication (Section 2(1)(e))

Indication which identifies goods as originating from a territory of a Member, or a region or locality therein, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin

A Geographical Indication (GI) is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that origin. It serves to indicate that a product comes from a certain place and possesses certain characteristics unique to that region.

Example 1. Darjeeling Tea is known worldwide for its unique flavor and quality, attributed to the Darjeeling region of India.

Answer:

"Darjeeling Tea" is a registered GI under Indian law and internationally recognized, protecting it from misuse by producers outside Darjeeling.

Purpose of GI Protection

Protecting producers from unauthorized use

GI registration prevents others who do not belong to the specified region from using the name, ensuring that only genuine producers can use the label.

Ensuring quality and authenticity

GI protection ensures that the products meet specific standards related to quality and authenticity, helping to maintain the reputation of regional goods.

Example 2. A manufacturer in another state labels their tea as "Darjeeling Tea" despite not sourcing from Darjeeling.

Answer:

This is a violation of GI protection laws and can be legally challenged by registered Darjeeling Tea producers.

Registration of GIs

Application to the GI Registry

The application must be submitted by any association of persons, producers, or any organization or authority representing the interests of the producers.

Examination and opposition

Once the application is filed, it is examined by the GI Registry. Third parties may file an opposition if they believe the registration is unjustified.

Duration of protection (10 years, renewable)

The registration is valid for 10 years and can be renewed indefinitely every 10 years by paying the prescribed fee.

Example 3. An association of handloom weavers in Varanasi registers “Banarasi Saree” as a GI.

Answer:

Upon successful registration, only registered users can legally use the name "Banarasi Saree" for sarees produced in the Varanasi region.

Infringement and Remedies for GIs

Infringement of GI

Unauthorized use of the GI

When a GI is used by an unauthorized person or entity on products that do not originate from the designated geographical region, it constitutes infringement.

Use that misleads the public

Any usage of a GI that falsely suggests the product originates from a specific region and misleads consumers about its origin, quality, or characteristics amounts to infringement.

Example 1. A shoe company labels its product as “Kolhapuri Chappal” even though the footwear is not made in Kolhapur by traditional artisans.

Answer:

This is GI infringement because the label misleads consumers and the product does not originate from the registered region.

Remedies for Infringement

Civil Remedies (Injunction, Damages, Account of Profits)

The registered proprietor or authorized user may seek the following remedies through civil proceedings:

Injunction: A court order restraining further misuse of the GI.
Damages: Compensation for the loss suffered due to the infringement.
Account of Profits: Recovery of profits wrongfully made by the infringer.

Criminal Remedies

Under the Geographical Indications of Goods (Registration and Protection) Act, 1999, criminal penalties include:

Imprisonment ranging from 6 months to 3 years.
Fine ranging from ₹50,000 to ₹2,00,000.

Example 2. An online seller falsely markets imitation “Kullu Shawls” as originals, despite not being registered or sourcing from Kullu.

Answer:

The legitimate GI holders can sue for both civil and criminal remedies, including injunction, damages, and criminal prosecution.