Geographical indications Law

Geographical Indications (GI) Law in India is a specialized area of intellectual property rights that deals with identifying goods as originating from a specific place, where a given quality, reputation, or other characteristic of the goods is essentially attributable to its geographical origin. The legal framework for the protection of geographical indications in India is established under the “Geographical Indications of Goods (Registration & Protection) Act, 1999,” which came into effect on September 15, 2003. This act aims to provide for the registration and better protection of geographical indications relating to goods in India.

Key Features of the GI Act, 1999:

• Definition of Geographical Indications:

According to the Act, a geographical indication, in relation to goods, is an indication which identifies such goods as agricultural goods, natural goods, or manufactured goods originating from a specific geographical territory, having a given quality, reputation, or other characteristics attributable to that geographical place.

• Registration:

The Act provides for the registration of geographical indications, which is not mandatory but offers legal protection against unauthorized use by others. A GI registration is valid for a period of 10 years and can be renewed from time to time.

• Authorized Users:

The producers of the goods in question can apply to become authorized users of a registered geographical indication, which allows them to use the indication in the course of trade.

• Prohibition of Registration:

Certain geographical indications cannot be registered, such as those that are likely to deceive or cause confusion, or those that would be contrary to public order or morality.

• Infringement and Penalties:

The Act provides for civil and criminal remedies in case of infringement of a registered geographical indication. Unauthorized use of a registered GI by persons not authorized, or use of a GI which is deceptively similar to a registered GI, constitutes infringement.

• Protection to Consumers and Producers:

The GI registration helps in ensuring that genuine products of rightful producers are marketed and protected against infringement and counterfeit products, thus benefiting both consumers and producers.

Significance of GI Protection:

• Economic Development:

Geographical indications can play a significant role in the economic development of a region by promoting the unique products originating from that region. It can lead to higher returns for producers and can also boost tourism.

• Cultural Heritage:

GIs help in preserving the cultural heritage and traditional knowledge of a region, as they are directly linked to the geographical origin and its inherent qualities.

• Consumer Trust:

By ensuring that only authorized users can use the geographical indication, it builds trust among consumers regarding the authenticity and quality of the products.