Geographical Indications
A Geographical Indications (GI) is de ined as a sign which can be used on products
belonging to a particular geographical location/region and possesses qualities or a
reputation associated with that region. In GI, there is a strong link between the product
and its original place of production.
In India, GI was introduced in 2003 and is governed under the 'Geographical
Indications of Goods (Registration & Protection) Act, 1999' and the Geographical
Indications of Goods (Registration & Protection) Rules, 2002. The ownership/holders of
GI (registered) can be of the producers, as a group/association/ cooperative society or
association or in certain cases, government.
Rights Granted to the Holders
Right to grant the license to others - The holder has the right to gift, sell,
transfer/grant a license, mortgage or enter into any other arrangement for consideration
regarding their product. A license or assignment must be given in written and registered
with the Registrar of GI, for it to be valid and legitimate.
Right to sue - The holder of GI has the right to use and take legal action against a person
who uses the product without his consent.
Right to exploit - The holder of GI can authorize users with exclusive right to use goods
for which the GI is registered.
Right to get reliefs - Registered proprietors and authorized users have the right to obtain
relief concerning the violation of such GI products.
Registered GI in India
GI products registered in India belong to the domains of handicrafts, agricultural,
food stuffs, alcoholic beverages, etc. The irst GI tag was granted in 2004 to Darjeeling Tea
and the latest being Kashmir Saffron and Manipur Black rice (Chakhao) in May 2020. A
total of 370 GI have been registered in India till May 2020. Nearly 58% of these belong to
handicrafts, followed by agriculture (30%). Other categories belong to food stuff,
manufacturing, and natural goods. In the Handicraft category, Tamilnadu holds the
maximum number (21) of GI followed by Uttar Pradesh (20) and Karnataka (19).
International countries, such as Thailand, France, Portugal, Italy, Mexico, Peru and
the United Kingdom, have also iled GI in India e.g. Champagne (wine) of France and
Scotch Whisky of the United Kingdom.
Identi ication of Registered GI
Registered GI products are granted a tag, which is printed on the registered
products. The tag con irms the genuineness of the product in terms of its production (by
set standards) and location of production. Non-registered GI products cannot use/exploit
this tag. In India, GI tags are issued by the Geographical Indication Registry under the
Department for Promotion of Industry and Internal Trade, Ministry of Commerce and
Industry. The head of GI registry is at Geographical Indications Registry Intellectual
Property Of ice Building, Industrial Estate, G.S.T Road, Guindy, Chennai - 600032.
GI registered products can be grown/produced in any part of the world using
standards laid down by the GI Registry. However, these products cannot be labelled as GI
as they are not produced/manufactured in a speci ic geographical location, as mentioned
in the of icial records maintained by the GI Of ice of GI. For example, plants of Darjeeling
Tea can be grown in any part of India. But the tea leaves of these plants cannot be sold
under the brand name of Darjeeling Tea, as the concerned plants were not grown in the
soil and climate of the Darjeeling area.
Classes of GI
GI certi ied goods are classi ied under 34 different classes, such as Class 1 is for
chemicals used in industry, science, photography, agriculture, horticulture and forestry;
unprocessed arti icial resins, unprocessed plastics; manures; ire extinguishing
compositions; tempering and soldering preparations; chemical substances for preserving
foodstuffs; tanning substances; adhesives used in industry. Class 33 is for alcoholic
beverages (except beers) and Class 34 is related to tobacco, smokers‘ articles, matches.
For GI registration, the indications must fall within the scope of section 2(1) (e) of
GI Act, 1999. Being so, it has to also satisfy the provisions of Section 9, which prohibits
registration of a GI mentioned below:
The use of which would be likely to deceive or cause confusion.
The use of which would be contrary to any law.
Which comprises or contains scandalous or obscene matter.
Which comprises or contains any matter likely to hurt the sentiments of society.
Religious susceptibilities of any class or section of the citizens of India.
Which are determined to be generic names or indications of goods and are,
therefore, not or ceased to be protected in their country of origin or which have
fallen into disuse in that country.
Protection of GI
The IP rights to GI are enforced by the court of law of the concerned country. The
GI registration of a product has certain advantages. It enables to identify pirated/non-
genuine stuff, provides more commercial value to the product, and also strengthens the
case if it reaches the judicial courts. The two common methods of protecting a GI are: Sui
generis systems (i.e. special regimes of protection) and under certi ication or collective
mark systems.
Many countries, including India to protect GI by using the sui generis system. This
decision was taken after the TRIPS agreement (1995) and an option was given to the
countries to choose either TRIPS standards or the sui generis system. This was decided
by considering the fact that every country has different legislation and geographical
structures & resources. Therefore, this system is not uniform in all countries and varies
according to the jurisdiction and legislation of the particular country.
Collective or Certi ication Marks
Certi ication marks aim to certify the products comply with speci ic quality
standards irrespective of their origin. These standards include permitted materials and
manufacturing methods. Therefore, the purpose of certi ication marks is to distinguish
certi ied goods from non-certi ied ones. Collective marks are owned by associations
ensuring compliance with the agreed standards. Collective marks signify that a good or
service originates from a member of a particular association. The Collective mark is used
by cooperating enterprises that have agreed to comply with de ined quality standards for
goods or services that share common characteristics.
Famous Case Law: Banglar Rasogolla Vs. Odisha Rasagola
Rasagolas is a very popular dessert in India. It is thought to have originated in the
eastern part of India. In November 2017, the West Bengal State Food Processing and
Horticulture Development Corporation Limited registered 'Banglar Rasogolla' as a GI.
However, the legal battle for GI registration started when objections to this GI registration
were lodged by the State of Odisha, claiming that Rasagolas originated at Jagannath
temple in Puri, Odisha. An application was iled in High Court in February 2018 to remove
the registration of GI status of 'Banglar Rasogolla'. Meanwhile, in July 2018 'Odisha
Rasagola' was also granted GI tag by the GI Registry, GoI. As per the court verdict,
a) 'Rasogolla / Rasagola' is a general term, which any person can use in his trade and
business.
b) The words 'Odisha Rasagola' and 'Benglar Rasogolla' can only be used by authorized
users under the law.
Hence, neither Bengal nor Odisha has a monopoly on the word Rasagola. However,
no person or society or company can use the label 'Banglar Rasogolla' or 'Odisha
Rasagola', without written consent from the authorized users.