GEOGRAPHICAL INDICATIONS — EXAM NOTES

1. Registration Procedure of Geographical Indication

Meaning and Object of Registration

 A Geographical Indication (GI) identifies goods as originating from a particular

country, region or locality where the quality, reputation or characteristic of the
goods is essentially attributable to that geographical origin.

 The GI Act, 1999 provides a statutory mechanism for registration and protection
of such goods.

 Registration gives legal recognition to the geographical link between the product
and its place of origin.

 Examples:

o Darjeeling Tea

o Basmati Rice

o Kanchipuram Sarees

o Kolhapuri Chappals

o Mysore Silk

o Agra Petha

Memory Code for Registration Procedure: A-E-A-O-R

 A — Application

 E — Examination

 A — Advertisement

 O — Opposition

 R — Registration
 A. Who Can Apply for Registration?

 Under the GI Act, the application may be made by:

o An association of persons;

o An association of producers;

o Any organisation;

o Any authority established by or under law.

 The applicant must represent the interest of the producers of the concerned goods.

 A single individual generally cannot claim GI registration for personal monopoly

because GI is a collective right, not a private individual right.

Important Point

 GI belongs to the producers of a region collectively.

 It is not like a trademark owned by one business entity.

B. Application to Registrar

 The application must be made in writing in the prescribed form.

 It must be filed before the Registrar of Geographical Indications.

 The Controller General of Patents, Designs and Trade Marks acts as the
Registrar of Geographical Indications.

 The Geographical Indications Registry is located at Chennai.

C. Contents of Application

The application must contain:

  A statement explaining how the GI identifies the goods as originating from the
concerned territory, region or locality.

 The specific quality, reputation or characteristic of the goods.

 The geographical map of the territory or region.

 The class of goods to which the GI applies.

 Particulars of producers.

 Appearance of the GI, whether it consists of words, figurative elements or both.

 Other prescribed particulars.

Exam Point

The most important part of the application is to prove the link between the
product and the place.

D. Goods and Area

 A GI must be registered in respect of:

o Particular goods; and

o A definite territory, region or locality.

 The Registrar classifies the goods according to the prescribed classification.

 If any dispute arises regarding the class of goods or area, the Registrar decides it.

E. Examination by Registrar

 After receiving the application, the Registrar examines whether:

o The application is complete;

o The indication qualifies as a GI;

 o The goods originate from the claimed region;

o The quality, reputation or characteristic is linked with geographical origin;

o The GI is not prohibited under Section 9.

 The Registrar may:

o Accept the application absolutely;

o Accept it with conditions or limitations;

o Refuse the application.

F. Indications Not Registrable — Section 9

A GI cannot be registered if:

 Its use is likely to deceive or cause confusion.

 Its use is contrary to law.

 It contains scandalous or obscene matter.

 It hurts religious susceptibilities of any class of citizens.

 It is disentitled to protection in a court.

 It has become a generic name.

 It has ceased to be protected in the country of origin.

 It falsely represents that goods originate from another territory.

Generic Name

 A name becomes generic when it loses its original geographical meaning and
becomes the common name of the goods.

 Example:
 o If a geographical name becomes commonly used for a type of product
rather than a product from that place, it may lose GI protection.

G. Homonymous Geographical Indications — Section 10

 Homonymous GIs are indications that are spelled or pronounced alike but identify
goods from different places.

 Such GIs may be registered if the Registrar is satisfied that:

o Consumers will not be confused;

o Producers will receive equitable treatment;

o Practical conditions exist to differentiate the two indications.

H. Advertisement of Application

 Once the application is accepted, the Registrar advertises it.

 Advertisement allows the public and interested parties to inspect the proposed GI
claim.

 If any correction or amendment is made after advertisement, the Registrar may

advertise it again.

I. Opposition to Registration

 Any person may oppose registration.

 Opposition must be filed within three months from the date of advertisement.

 The Registrar may allow an extension not exceeding one month.

 The opponent files notice of opposition.

 The applicant must file a counter-statement within the prescribed time.

 If the applicant fails to file counter-statement, the application is treated as
abandoned.

 Both parties may submit evidence.

 Registrar hears the parties and decides whether registration should be granted.

J. Registration

 If:

o No opposition is filed; or

o Opposition is decided in favour of applicant,

the Registrar registers the GI.

 Registration is entered in Part A of the Register.

 Authorised users are entered in Part B of the Register.

 A certificate of registration is issued under the seal of the GI Registry.

K. Authorised User Registration

 A producer of goods may apply to become an authorised user of a registered GI.

 The authorised user must be a producer of goods in relation to the registered GI.

 The application is made in writing with prescribed documents and fee.

 Once registered, the authorised user gets the exclusive right to use the GI in
relation to the registered goods.

L. Duration and Renewal

 Registration of a GI is valid for 10 years.

 It may be renewed from time to time for further periods of 10 years.

 Registration of an authorised user is valid for:

o 10 years; or

o Until the expiry of the GI registration,

whichever is earlier.

 If renewal fee is not paid, the GI or authorised user may be removed from the
register.

 Restoration is possible within the prescribed period on payment of fee.

Conclusion

 Registration of GI is a detailed statutory process involving application,

examination, advertisement, opposition and registration.

 It protects collective goodwill of a region and prevents misuse by unauthorised

persons.

 The procedure ensures that only genuine origin-based goods receive GI protection.

2. Effects of Registration of GI

Introduction

 Registration gives statutory protection to a geographical indication.

 It converts the GI from a mere geographical reputation into a legally enforceable

intellectual property right.

 Although registration is not compulsory, it gives stronger legal protection.

Memory Code: P-R-E-A

 P — Prima facie validity

  R — Right to sue

 E — Exclusive use by authorised users

 A — Action against infringement

A. Legal Protection

 Registration confers legal protection on the GI in India.

 It prevents unauthorised persons from misusing the registered GI.

 It protects consumers from deception and producers from unfair competition.

B. No Infringement Action for Unregistered GI

 Section 20 provides that no person can institute proceedings for infringement of an

unregistered GI.

 However, the Act preserves the common law remedy of passing off.

 Therefore:

o Registered GI — infringement action available.

o Unregistered GI — only passing off action available.

Exam Point

Registration is not compulsory, but without registration, statutory infringement

remedy is not available.

C. Prima Facie Evidence of Validity

 Registration certificate is prima facie evidence of validity.

 In legal proceedings, the certificate of registration can be produced as evidence.

 The original register need not be produced unless required.

D. Right to Obtain Relief

 Registration gives the registered proprietor and authorised users the right to obtain
relief in case of infringement.

 Relief may include:

o Injunction;

o Damages;

o Account of profits;

o Delivery-up of infringing labels.

E. Exclusive Right to Use

 The authorised user gets the exclusive right to use the registered GI for the goods
for which it is registered.

 This right is subject to conditions and limitations entered in the register.

F. Export Promotion

 Registration helps Indian GI products in international markets.

 It gives authenticity and reputation to Indian goods.

 It can increase exports of products like Darjeeling Tea, Basmati Rice, handicrafts
and traditional goods.

G. Economic Prosperity of Producers

 Registration promotes economic prosperity of local producers.

 It allows producers to charge premium prices due to authenticity and reputation.

 It helps rural and traditional communities.

Conclusion

 Registration strengthens legal protection, gives evidentiary value, enables

infringement action and protects both producers and consumers.

 It transforms regional goodwill into a legally enforceable collective right.

3. Rights Conferred on Registration

Introduction

 Section 21 of the GI Act deals with rights conferred by registration.

 Rights are given mainly to:

o Registered proprietor; and

o Authorised users.

Memory Code: R-E-P

 R — Relief against infringement

 E — Exclusive use

 P — Protection against unauthorised users

A. Rights of Registered Proprietor

 The registered proprietor is usually an association of persons, producers,

organisation or authority representing producers.
 The registered proprietor has the right to obtain relief against infringement.

 However, the proprietor does not use the GI like a private trademark owner.

 It acts in a representative capacity for the producers.

B. Rights of Authorised User

 The authorised user has the exclusive right to use the GI in relation to the goods
for which it is registered.

 Example:

o A genuine producer of Darjeeling Tea registered as authorised user can use

the GI “Darjeeling”.

 The authorised user can sue for infringement.

C. Right to Sue for Infringement

 Registered proprietor and authorised users can institute proceedings for

infringement.

 They may seek civil remedies such as injunction, damages and account of profits.

D. Rights Subject to Conditions

 The exclusive right is subject to limitations and conditions in the register.

 If the registration specifies a region, process, standard or quality, the authorised

user must comply with those conditions.

E. Multiple Authorised Users

 A GI may have several authorised users.

 If two or more authorised users are registered, one authorised user cannot claim
exclusivity against another authorised user.

 Each authorised user has rights against outsiders, not against other valid authorised
users.

F. No Assignment or Licensing

 Section 24 prohibits assignment, transmission, licensing, pledge or mortgage of a

registered GI.

 This is because GI is a collective public right connected to territory, not a private

commercial asset.

 However, on death of an authorised user, his right devolves upon his successor in
title.

Conclusion

 Registration gives enforceable rights to the registered proprietor and authorised

users.

 The most important rights are the right to sue for infringement and the exclusive
right of authorised users to use the GI.

 These rights are collective, territorial and non-transferable.

4. Offences and Penalties under the GI Act

Introduction

 The GI Act provides civil as well as criminal protection.

 Criminal provisions punish misuse, falsification and false representation of

geographical indications.
 These provisions protect consumers, genuine producers and the reputation of GI
goods.

Memory Code for Offences: F-S-R-B-E

 F — Falsifying GI

 S — Selling goods with false GI

 R — Representing GI as registered

 B — Business falsely connected with GI Registry

 E — Entries in register falsified

A. Meaning of Applying GI

A person applies a GI when he uses it:

 On the goods themselves;

 On packaging;

 On containers or labels;

 In advertisements;

 In invoices;

 In catalogues;

 In business papers;

 In any manner likely to suggest that goods are designated by that GI.

B. Falsifying and Falsely Applying GI — Section 38

A person falsifies a GI when he:

 Makes a GI or deceptively similar GI without assent of authorised user;

 Alters, adds to, effaces or otherwise falsifies a genuine GI.

A person falsely applies GI when he:

 Applies a GI or deceptively similar GI to goods without authority;

 Uses packaging bearing GI for non-genuine goods.

Burden of Proof

 In prosecution for falsifying or falsely applying GI, the burden of proving assent
lies on the accused.

C. Penalty for Applying False GI — Section 39

A person commits an offence if he:

 Falsifies any GI;

 Falsely applies GI to goods;

 Possesses instruments for falsifying GI;

 Applies false indication of country, place, name or address;

 Tampers with or alters indication of origin.

Punishment

 Imprisonment: minimum 6 months, may extend to 3 years.

 Fine: minimum ₹50,000, may extend to ₹2,00,000.

 Court may impose lesser punishment for special and adequate reasons.

D. Penalty for Selling Goods with False GI — Section 40

A person commits offence if he:

 Sells goods bearing false GI;

 Exposes such goods for sale;

 Hires or possesses such goods for sale.

Defence Available

The accused may avoid liability if he proves:

 He took reasonable precautions;

 He had no reason to suspect the GI was false;

 He provided information about the person from whom he obtained the goods;

 He acted innocently.

Punishment

 Imprisonment: minimum 6 months, may extend to 3 years.

 Fine: minimum ₹50,000, may extend to ₹2,00,000.

E. Enhanced Penalty for Subsequent Conviction — Section 41

 If a person is convicted again for offences under Sections 39 or 40:

o Imprisonment: minimum 1 year, may extend to 3 years.

o Fine: minimum ₹1,00,000, may extend to ₹2,00,000.

 Court may impose lesser sentence for adequate and special reasons.

F. False Representation of GI as Registered — Section 42

A person cannot falsely represent:

 An unregistered GI as registered;

 A GI as registered for goods for which it is not registered;

 That registration gives exclusive rights beyond its actual limitations.

Punishment

 Imprisonment up to 3 years;

 Fine;

 Or both.

G. Improper Description of Place of Business — Section 43

 A person cannot falsely describe his place of business as officially connected with
the GI Registry.

Punishment

 Imprisonment up to 2 years;

 Fine;

 Or both.

H. Falsification of Entries in Register — Section 44

A person commits offence if he:

 Makes a false entry in the register;

 Causes false entry to be made;

 Produces false copy of register entry as evidence.

Punishment

 Imprisonment up to 2 years;

 Fine;

 Or both.
 I. Offences by Companies — Section 49

 If an offence is committed by a company:

o The company is liable;

o Persons in charge of conduct of business are also liable.

 Directors, managers, secretaries or officers may be liable if offence occurred with

their consent, connivance or neglect.

J. Search and Seizure

 Offences under Sections 39, 40 and 41 are cognizable.

 Police officer not below the rank of Deputy Superintendent of Police may search
and seize goods without warrant.

 Before search and seizure, the officer must obtain the opinion of Registrar.

Conclusion

 The GI Act provides strict criminal sanctions against falsification and misuse of
GI.

 These penalties protect the reputation of genuine GI products and deter unfair
trade practices.

5. Infringement of Geographical Indication

Introduction

 Infringement occurs when an unauthorised person misuses a registered GI.

 Section 22 deals with infringement of registered geographical indications.

  The object is to prevent consumer deception, passing off and unfair competition.

Memory Code: M-U-F-A

 M — Misleading origin

 U — Unfair competition

 F — False representation

 A — Additional protection

A. Who Can Infringe?

 A person infringes a GI when he is not an authorised user but uses the registered
GI.

 Only an authorised user may lawfully use a registered GI for the registered goods.

B. Misleading Use as to Origin

A registered GI is infringed when an unauthorised person uses it in a manner

suggesting that goods originate from a geographical area other than the true place of
origin.

Example

 Selling ordinary tea as “Darjeeling Tea” when it is not from Darjeeling.

 Selling non-Basmati rice as “Basmati”.

C. Use Amounting to Unfair Competition

 GI is infringed when its use constitutes an act of unfair competition, including

passing off.

 Unfair competition means conduct contrary to honest commercial practices.

 Acts of Unfair Competition Include:

 Creating confusion with goods or business of another.

 Making false allegations that discredit competitor’s goods or activities.

 Using indications likely to mislead persons about:

o Nature of goods;

o Manufacturing process;

o Characteristics;

o Suitability;

o Quantity.

D. False Representation Though Literally True

 Infringement may occur even when the geographical statement is literally true, if it
falsely represents that goods originate from the region protected by the registered
GI.

 This prevents clever misuse of geographical words.

E. Additional Protection

 Central Government may notify certain goods for additional protection.

 In such cases, infringement may occur even if:

o True origin is indicated;

o GI is used in translation;

o Expressions like “kind”, “style”, “type”, “imitation” are used.

Example
 “Darjeeling-style tea” may still be objectionable if used for tea not originating
from Darjeeling, where additional protection applies.

F. Exception — Lawfully Acquired Goods

 If goods bearing GI are lawfully acquired, further dealings in those goods do not
amount to infringement.

 However, if the condition of goods is impaired after being put in market, it may
amount to infringement.

Conclusion

 GI infringement protects both consumer confidence and producers’ collective

reputation.

 Section 22 prevents misuse, deceptive origin claims, unfair competition and false
association with protected geographical regions.

6. Remedies Available on Infringement of GI

Introduction

 Remedies for GI infringement are provided mainly under Sections 66 and 67.

 The Act gives civil remedies for infringement and passing off.

 Criminal remedies are separately available under offences and penalties

provisions.

Memory Code: I-D-A-D

 I — Injunction

 D — Damages

 A — Account of profits
 D — Delivery-up/destruction

A. Jurisdiction — Section 66

 No suit for GI infringement, GI rights or passing off shall be filed in a court

inferior to a District Court.

 Suit may be filed before a District Court having jurisdiction.

 The plaintiff may include:

o Registered proprietor;

o Authorised user.

B. Injunction

 Injunction is the most important remedy.

 It restrains the defendant from continuing misuse of GI.

Types of Injunction

 Temporary injunction;

 Permanent injunction;

 Ex parte injunction;

 Interlocutory orders.

C. Ex Parte and Interlocutory Orders

The court may pass interlocutory orders for:

 Discovery of documents;

 Preservation of infringing goods;

 Preservation of evidence;

 Restraining defendant from disposing assets.

D. Damages

 Plaintiff may claim damages for loss suffered due to infringement.

 Damages compensate for injury to reputation, goodwill and trade.

E. Account of Profits

 Instead of damages, plaintiff may claim account of profits.

 Defendant may be directed to surrender profits earned through misuse of GI.

F. Delivery-Up of Infringing Labels

 Court may order delivery-up of infringing labels and indications.

 These may be destroyed or erased.

G. Passing Off Remedy

 Even unregistered GI may be protected through passing off.

 Passing off requires proof of:

o Goodwill;

o Misrepresentation;

o Damage.
 H. When Damages May Not Be Granted

Court may refuse damages, except nominal damages, if defendant proves:

 He was unaware and had no reasonable ground to believe GI was registered;

 On becoming aware, he immediately stopped use.

 Similar protection applies in passing off where defendant was unaware of

plaintiff’s GI use and stopped after knowledge.

Conclusion

 Remedies under GI law are both preventive and compensatory.

 Injunction prevents further misuse, while damages and account of profits

compensate producers.

 These remedies preserve regional goodwill and consumer trust.

7. Types of Products Eligible under GI Protection

Introduction

 GI protection is available only for goods.

 It does not apply to services under Indian GI law.

 Section 2(f) defines goods broadly.

Memory Code: A-N-M-H-F

 A — Agricultural goods

 N — Natural goods

 M — Manufactured goods

 H — Handicrafts
 F — Foodstuffs

A. Agricultural Goods

 These are goods grown or cultivated in a particular geographical region.

 Their quality or reputation may depend on soil, climate, rainfall, water, altitude or
traditional cultivation methods.

Examples

 Basmati Rice

 Darjeeling Tea

 Malabar Pepper

 Alphonso Mango

 Calicut Ginger

B. Natural Goods

 Natural goods are products naturally found or extracted from a region.

 Their qualities may depend on geological or environmental conditions.

Examples

 Makrana Marble

 Coal

 Lignite

 Honey

 Natural minerals
 C. Manufactured Goods

 Manufactured goods may also be protected if one of the activities of:

o Production;

o Processing; or

o Preparation
takes place in the concerned territory.

Examples

 Kanchipuram Sarees

 Mysore Silk

 Leather goods

 Brass works

 Iron works

D. Handicrafts

 GI protection is very important for handicrafts because traditional skill and human
factors are often linked to a region.

 These products reflect traditional knowledge and craftsmanship.

Examples

 Kashmiri Pashmina

 Kolhapuri Chappals

 Channapatna Toys

 Kutch Embroidery
 E. Foodstuff and Drinks

 Food products may be protected if they have origin-linked reputation or quality.

Examples

 Dharwad Pedha

 Agra Petha

 Bikaneri Bhujia

 Tequila

 Scotch Whisky

F. Requirement of Link with Place

 The product must have a specific connection with the place.

 The connection may arise from:

o Natural factors, such as climate, soil, water;

o Human factors, such as traditional skill, method, craftsmanship;

o Reputation built over time.

Conclusion

 GI protection covers agricultural, natural, manufactured, handicraft, industrial and

food products.

 The essential requirement is that the quality, reputation or characteristic of the

goods must be attributable to geographical origin.

8. Different Modes of Protection for GI at National and International Level

 Introduction

 GIs are protected differently across jurisdictions.

 Some countries use special GI laws.

 Some countries protect GIs through trademark law.

 Others use unfair competition or passing off.

Memory Code: S-T-P-B-I

 S — Sui generis law

 T — Trademark system

 P — Passing off/unfair competition

 B — Bilateral agreements

 I — International treaties

A. National Level Protection

1. Sui Generis Protection

 Sui generis means a special legal system created specifically for GIs.

 India follows this model through the GI Act, 1999.

 Under this system, GIs are protected as a separate category of intellectual property.

 It provides:

o Registration;

o Authorised users;

o Infringement remedies;

o Criminal penalties;
 o Protection against misuse.

Examples of Sui Generis Systems

 India

 European Union

 Switzerland

 Andean Community countries

2. Protection through Trademark Law

 Some countries protect GIs through:

o Collective marks;

o Certification marks;

o Guarantee marks.

 Countries like the United States often use trademark-based protection.

 Under this system, GI is protected if it functions as a mark identifying origin,

quality or standards.

3. Passing Off and Unfair Competition

 Before the GI Act in India, GI misuse was mainly addressed through passing off.

 Passing off protects goodwill and prevents misrepresentation.

 Even after the GI Act, passing off remedy remains available for unregistered GIs.

 This mode requires proof of:

o Reputation/goodwill;

o Misrepresentation;
 o Damage.

B. International Level Protection

1. Paris Convention, 1883

 It was the first major international treaty dealing with industrial property.

 It covers indications of source and appellations of origin.

 It requires protection against false indication of source and unfair competition.

 It does not provide a detailed GI registration system.

2. Madrid Agreement, 1891

 It deals with repression of false or deceptive indications of source.

 It prevents use of false geographical indications on goods.

 It also recognises the issue of generic terms.

 It gives special attention to wines.

3. Lisbon Agreement, 1958

 It protects appellations of origin.

 It provides international registration through WIPO.

 It protects appellations against:

o Usurpation;

o Imitation;

o Use in translation;
 o Use with words like “kind”, “type” or similar expressions.

 A registered appellation cannot become generic in another contracting state as

long as it is protected in the country of origin.

4. Geneva Act of Lisbon Agreement, 2015

 It modernises the Lisbon system.

 It extends protection to both:

o Appellations of origin; and

o Geographical indications.

 It allows flexibility in protection through:

o Sui generis GI system; or

o Trademark system.

5. TRIPS Agreement, 1994

 TRIPS provides minimum protection for GIs under Articles 22 to 24.

 Article 22 protects all GIs against:

o Misleading use;

o Unfair competition.

 Article 23 gives additional protection to wines and spirits.

 Additional protection prevents use even where:

o True origin is indicated;

o GI is translated;

o Words like “kind”, “type”, “style”, “imitation” are used.

 TRIPS also recognises exceptions such as:

o Generic terms;

o Prior good faith trademarks;

o Prior use in certain cases.

6. Bilateral Agreements

 Countries may protect GIs through bilateral agreements.

 These agreements are often part of Free Trade Agreements.

 They help countries secure protection for their GI products in foreign markets.

7. Direct Protection Abroad

 Since IP rights are territorial, GI must be protected separately in each country.

 Protection abroad may be obtained by:

o Direct registration in that country;

o Lisbon system;

o Madrid system, where GI is protected as certification/collective mark;

o Bilateral agreements.

Conclusion

 GI protection exists through multiple modes: sui generis laws, trademark systems,
passing off, unfair competition, international treaties and bilateral agreements.

 India follows a sui generis model, but international protection depends on the legal
system of each country.
 9. Collective Marks, Certification Marks and Geographical Indications

Introduction

 Collective marks, certification marks and geographical indications are all signs
used in trade.

 They may indicate quality, origin, membership or standards.

 However, their legal nature and purpose are different.

Memory Code: C-C-G

 C — Collective mark: membership

 C — Certification mark: certified standard

 G — GI: geographical origin

A. Collective Marks

Meaning

 A collective mark is a mark used by members of an association.

 It distinguishes goods or services of members of an association from those of

others.

Main Features

 Owned by an association.

 Used by members of the association.

 Indicates membership.

 May apply to goods and services.

 Governed by regulations of use.

 No individual member can claim exclusive ownership.

Example

 A professional association mark used by members.

 A mark showing that the user belongs to a particular producers’ association.

Purpose

 To show that goods or services come from members of a particular association.

 To build collective reputation.

 To assure consumers of common standards.

B. Certification Marks

Meaning

 A certification mark certifies that goods or services possess certain characteristics.

 It may certify:

o Origin;

o Material;

o Mode of manufacture;

o Quality;

o Accuracy;

o Other characteristics.

Main Features

 Owned by a certifying body.

 Used by authorised users.

 Certifying body usually does not itself trade in goods certified.

 Available to anyone who satisfies the prescribed standards.

 Requires regulations of use.

Example

 A mark certifying that goods are 100% cotton.

 A mark certifying organic quality.

Purpose

 To guarantee that goods or services meet specific standards.

C. Geographical Indications

Meaning

 GI identifies goods as originating from a specific place where quality, reputation

or characteristic is attributable to geographical origin.

Main Features

 Applies only to goods, not services.

 Owned collectively by producers of a region.

 Used by authorised users.

 Cannot be assigned, licensed, pledged or mortgaged.

 Protects regional reputation.

 Requires connection between product and territory.

Examples

 Darjeeling Tea

 Basmati Rice
  Kanchipuram Sarees

 Scotch Whisky

D. Difference Between Certification Mark and GI

Basis Certification Mark Geographical Indication

Certifies quality, material, method, Indicates geographical origin of

Meaning
origin or standard goods

Scope Goods and services Goods only

Association/organisation
Ownership Certifying body/proprietor
representing producers

By persons meeting certification

Use By authorised users from region
standards

Main function Certifies standards Protects origin-linked reputation

Cannot be assigned/licensed under

Transferability Governed by trademark law
GI Act

Example Organic certification mark Darjeeling Tea

E. Difference Between Collective Mark and GI

Geographical
Basis Collective Mark
Indication

Origin from geographical

Main idea Membership of association
region

Applies to Goods and services Goods only

 Geographical
Basis Collective Mark
Indication

User Members of association Authorised producers of region

Registered proprietor
Ownership Association
representing producers

Shows goods/services come from Shows goods have origin-linked

Function
members quality/reputation

Territorial link Not always necessary Essential requirement

Example Association mark Basmati Rice

F. Similarities

 All are intellectual property rights.

 All help consumers identify goods or services.

 All prevent misuse and deception.

 All may improve market reputation.

 All may be enforced through legal action.

Conclusion

 Collective marks indicate membership.

 Certification marks certify standards.

 Geographical indications indicate origin-based qualities and reputation.

 GI is distinct because it is inseparably connected with a region and protects

collective goodwill of producers of that area.