GEOGRAPHICAL
INDICATORS
Raniyal Niyada P
➢ Introduction and overview of geographical
indications
➢ Meaning and scope of geographical
indications
➢ Important geographical indications of
Geographical ➢
India and their features
Salient features of the Protection of
Indications ➢
➢
Geographical Indications Act
Protection of geographical indications
Misleading use of geographical indications
➢ Registration of geographical indications
Syllabus ➢ Right to use geographical indications
➢ Infringement
➢ Remedies against infringement
➢ Role and functions of Registrar of
Geographical indications
➢ Conflict between Trade mark and
geographical indications.
MEANING
❖ a sign/Name used on products that have a specific geographical origin and possess qualities or a
reputation that are due to that origin.
❖ the qualities, characteristics or reputation of the product should be essentially due to the place of
origin
❖ a sign must identify a product as originating in a given place.
❖ a certification that the particular product is produced as per traditional methods, has certain
specific qualities, or has a particular reputation because of its geographical origin.
❖ typically used for wine and spirit drinks, foodstuffs, agricultural products, handicrafts, and
industrial products.
❖ The first product in India to be accorded with GI tag was Darjeeling tea in the year 2004-05.
Major GIs
1. Kashmir Saffron
2. Rasagola
3. Palani Panchamirtham
4. Tirur Betel Leaf (Tirur Vettila)
5. Madhubani Paintings
6. Feni
7. Surat Zari Craft
8. Palakkadan Matta Rice
9. Pokkali Rice
10. Aranmula Mirror- 2005- First Product to receive GI
from Kerala
Benefits of GI
● Legal protection to the products
● Prevents unauthorised use of GI tag products by others
● It helps consumers to get quality products of desired traits and is assured of
authenticity
● Promotes the economic prosperity of producers of GI tag goods by
enhancing their demand in national and international markets
Features of GI
❖ Community Rights
❖ Exclusive
❖ not be the subject matter of assignment, transmission, licensing, pledge,
mortgage or such other agreement
❖ when an authorized user dies, his right devolves on his successor in title
❖ Rights in perpetuity- remains with the community
❖ Functions like trademark
International Scenario
❖ Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property
❖ Part II, Section 3, Articles 22 to 24 of the Trade-Related Aspects of Intellectual Property Rights
Agreement (TRIPS)
India Scenario
❖ THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION
AND PROTECTION) ACT, 1999
❖ Came into force 15th September 2003
❖ 9 CHAPTERS
❖ 87 SECTIONS
❖ Authority Registrar of Geographical Indications - The Controller-General of
Patents, Designs and Trademarks- Sec 3
❖ THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION
AND PROTECTION) Rules, 2002
Definition- Sec 2 (e)
❖ “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.
Non-eligibility for Registration- Sec 9
1. the use of which would be likely to deceive or cause confusion
2. the use of which would be contrary to any law for the time being in force
3. which comprises or contains scandalous or obscene matter;
4. which comprises or contains any matter likely to hurt the religious susceptibilities
5. which would otherwise be disentitled to protection in a court;
6. 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
7. which, although literally true as to the territory, region or locality in which the goods
originate, but falsely represent to the persons that the goods originate in another
territory, region or locality,
Who can apply? Sec 11
1. Any association of persons or producers or any organisation
or authority established by or under any law for the time
being in force
2. representing the interest of the producers of the concerned
goods,
3. who are desirous of registering a geographical indication in
relation to such goods.
Authorised User - Sec 17
❖ Any person claiming to be the producer of the goods in respect
of which a geographical indication has been registered - apply in
writing to the Registrar - for registering him as an authorised
user of such geographical indication.
➢ Duration - Sec 18
❖ For a period of 10 years and can be renewed from time to time.
Granting procedure of
Geographical Appeal to
HC
Indications in India
Features of GI
❖ Community Rights
❖ Exclusive
❖ not be the subject matter of assignment, transmission, licensing, pledge,
mortgage or such other agreement
❖ when an authorized user dies, his right devolves on his successor in title
❖ Rights in perpetuity- remains with the community
❖ Functions like trademark
Rights - Sec 21
❖ to the registered proprietor of the geographical indication and the authorised
user or users thereof the right to obtain relief in respect of infringement of
the geographical indication in the manner provided by this Act;
❖ to the authorised user thereof the exclusive right to the use of the
geographical indication in relation to the goods in respect of which the
geographical indication is registered.
Other Provisions
⮮ Sec 25- Prohibition of registration of geographical
indication as trade mark.
Trademark v. GI
Trademark GI
⮮ a sign used by an enterprise ⮮ tells consumers that a product is produced
to distinguish its goods and services in a certain place and has certain characteristics
from those of other enterprises that are due to that place of production.
⮮ gives its owner the right to exclude ⮮ used by all producers who make their products
others from using the trademark in the place designated by a geographical
indication and whose products share typical
qualities.
Homonymous geographical indications
❖ Geographical indications (GI) - that are spelled or pronounced alike, but which
identify products originating in different places, usually in different countries.
❖ In principle, these indications should coexist, but such coexistence may be subject to
certain conditions.
❖ For example, it may be required that they be used only together with additional
information as to the origin of the product in order to prevent consumers from being
misled.
❖ A GI may be refused protection if, due to the existence of another homonymous
indication, its use would be considered potentially misleading to consumers with
regard to the product’s true origin.
❖ Sec 10- GI Act-
❖ Sec 10 of the GI Act deals with homonymous geographical indication
❖ It may be registered - if the Registrar is satisfied, after considering
a. the practical conditions under which the homonymous indication in
question shall be differentiated from other homonymous indications and
b. the need to ensure equitable treatment of the producers of the goods
concerned
❖ that the consumers of such goods shall not be confused or misled in
consequence of such registration.
⮮ Sec 3- Registrar of Geographical
Indications- The Controller-General of Patents,
Designs and Trade Marks appointed under sub-
section (1) of section 3 of the Trade Marks Act,
Role and 1999, shall be the Registrar of Geographical
Indications.
functions of ⮮ Central government to appoint such other officers.
Registrar of ⮮ Sec 4- Power of Registrar to withdraw or
transfer cases, etc.- withdraw any matter pending
Geographical before an officer appointed under the said sub-section
(2) and deal with such matter himself either de novo
indications or from the stage it was so withdrawn or transfer the 6
same to another officer so appointed who may,
subject to special directions in the order of transfer,
proceed with the matter either de novo or from the
stage it was so transferred
Infringement
❖ A person who is not an authorised user of a registered GI – Uses GI – by any
means in the designation or presentation of goods- indicates or suggests that
such goods originate in a geographical area other than the true place of origin
of such goods in a manner which misleads the persons as to the geographical
origin of such goods; or
❖ Use of GI in an act of unfair competition
Act of Unfair competition
(i) all acts of such a nature as to create confusion by any means
whatsoever with the establishment, the goods or the industrial or
commercial activities, of a competitor;
(ii) false allegations in the course of trade of such a nature as to
discredit the establishment, the goods or the industrial or
commercial activities, of a competitor;
(iii) geographical indications, the use of which in the course of
trade is liable to mislead the persons as to the nature, the
manufacturing process, the characteristics, the suitability for their
purpose, or the quantity, of the goods;
uses another geographical indication to the goods which,
although literally true as to the territory, region or locality in
which the goods originate, falsely represents to the persons that
the goods originate in the territory, region or locality in respect of
which such registered geographical indication relates
uses any other geographical indication to such goods or class or
classes of goods not originating in the place indicated by such
other geographical indication or uses such other geographical
indication to such goods or class or classes of goods even
indicating the true origin of such goods or uses such other
geographical indication to such goods or class or classes of goods
in translation of the true place of origin or accompanied by
expression such as “kind”, “style”, “imitation” or the like
expression, shall infringe such registered geographical indication
Infringement or registered
geographical indications
❖ Grounds- Sec 22
❖ A suit for infringement of GI – lies at District Court
❖ Remedies available- Injunction, damages or account for profit,
Delivery-ip of infringing labels and indications
THANK
YOU!