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GEOGRAPHIC INDICATIONS ACT
GENERAL
Geographical Indications are indications which identify a good as originating in a place
where a given quality, reputation or other characteristic of the good is essentially attributable
to its geographical origin.
As per the (Indian) Geographical Indications of Goods (Registration and Protection) Act,
1999 "Geographical Indication", in relation to goods, means 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.
GIs have been used in India for a wide variety of products, such as Basmati Rice, Darjeeling
Tea, Kangra Tea, Feni, Alphonso Mango, Alleppey Green Cardamom, Coorg Cardamom,
Kanchipuram Silk Saree, Kohlapuri Chappal, Rasgulla etc.
By registering a geographical indication in India, the rights holder can prevent unauthorized
use of the registered geographical indication by others by initiating infringement action by
way of a civil suit or criminal complaint. Registration of the GIs in India is not mandatory as
an unregistered GI can also be enforced by initiating an action of passing off against the
infringer. It is, however, advisable to register the GI as the certificate of registration is prima
facie evidence of its validity and no further proof of the same is required.
The Geographical Indications of Goods (Registration and Protection) Act, 1999 has been
passed by the Government of India. The said Act was passed with the object of providing
protection, as a Geographical Indication, to any agricultural goods, natural goods or
manufactured goods or any goods of handicraft or goods of industry including food stuff.
SALIENT FEATURES OF INDIAN GEOGRAPHICAL INDICATIONS LAW
REGISTERATION
A Geographical Indication shall be registered as of the date of the making of the application
for registration of that Geographical Indication. An application for the registration of a GI is
to be made to the Registrar of Geographical Indications in the form prescribed under the
Geographical Indications of Goods (Registration and Protection) Act, 1999 (the GI Act) read
with the Geographical Indications (Registration and Protection) Rules, 2002 (the GI Rules).
VISHAL KHETAN
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RIGHTS
Registration of a Geographical Indication confers the following rights on the
registered proprietor and the authorised users: -
Right to obtain relief in respect of the infringement of the Geographical Indication.
Exclusive right to the use of the Geographical Indication in relation to the goods in
respect of which Geographical Indication is registered.
Two or more authorised users of a registered Geographical Indication shall have co-
equal rights.
CLASSES
All the goods have been classified in different classes in accordance with the International
Classification of goods for the purposes of registration of Geographical Indications.
DURATION AND RENEWAL
The registration of Geographical Indication is valid for a period of ten years, and may
be renewed thereafter from time to time.
The registration of an authorised user is valid for a period of ten years or for the
period till the date on which the registration of Geographical Indication in respect of
which the authorised user is registered expires, whichever is earlier.
PROHIBITION OF ASSIGNMENT OR TRANSMISSION ETC.
The Geographical Indication law prohibits assignment, transmission, licensing, pledge,
mortgage or any such other agreement in respect of a Geographical Indication.
RECTIFICATION
Any aggrieved person may make an application to the Appellate Board praying for cancelling
or varying the registration of a Geographical Indication or authorised user on specified
grounds.
INFRINGEMENT
The remedies relating to the infringement of Geographical Indications are similar to the
remedies relating to the infringement of Trademark. Similarly, under the (Indian)
Geographical Indications of Goods (Registration and Protection) Act, 1999, falsification of a
Geographical Indication will carry a penalty with imprisonment for a term which may not be
less than six months but may extend to three years and with a fine which may not be less than
Rs 50,000 (approx. US$ 800) but may extend to Rs 2,00,000 (approx. US$ 3,000).
Action for infringement of a Geographical Indication may be instituted at a District Court or
High Court having jurisdiction. Available reliefs include: -
Injunction.
Discovery of documents.
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Damages or accounts of profits.
Delivery-up of the infringing labels and indications for destruction or erasure.
REMEDIES
Both civil and criminal remedies available
Criminal action lies in case of falsification and false application of Geographical
Indications.
Civil action lies in case of infringement of a registered Geographical Indication.
FILING REQUIREMENTS
Name, description (occupation and calling and nationality) of the applicant.
12 representations of the Geographical Indication.
Description of goods.
User of the Geographical Indication.
In case of a body corporate or firm, the country of incorporation or the Names and
descriptions of the partners composing the firm.
Name of the convention country in which the first application (if any) is made and the
date of such application.