What is Geographical Indication?

It is an indication or appellation of origin.
It is used to identify agricultural natural or manufactured goods originating in the said area. It originates from a definite territory in India.
It should have a special quality or characteristics or reputation based upon the climate or production characteristics unique to the Geographical location.

Examples of possible Geographical Indication?

Some of the examples of possible Geographical Indications in India include Basmati Rice, Darjeeling Tea, Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, etc.

What are the benefits of registration of GI ?

It confers legal protection to go geographical Indications in India.
It prevents unauthorized use of a registered GI by others.
It boosts exports of Indian geographical indication by providing legal protection.
It promotes economic prosperity of producers.
It enables seeking legal protection in others WTO member country.

Who can apply for registration of GI ?

Any association of persons, producers, organization or authority established by or under the law can apply.
The applicant must represent the interest of the producers.
The application should be in writing in the prescribed from.
The application should be addressed to the registrar of GI along with prescribed fee.

Who is registered proprietor of a GI ?

Any association of persons, producers, organization or authority established by or under the law can apply.
The applicant must represent the interest of the producers.
The application should be in writing in the prescribed from.
The application should be addressed to the registrar of GI along with prescribed fee.

Who is an authorised User ?

A producer of goods can apply for registration as an authorized user, with respect to registered GI.
He should apply in writing in the prescribed from along with prescribed fee.

Who is Producer in relation to a Geographical Indication ?

A producer is a person dealing with three categories of goods
Agricultural Goods including the production, processing, trading or dealing.
Natural Goods including exploiting, trading, dealing.
Handicrafts or Industrial Goods including making, manufacturing, trading or dealing.

Is registration of Geographical Indication compulsory ?

While registration of a Geographical Indication is not compulsory, it offers better legal protection for action for infringement.

What are advantages of registering?

Registration affords better legal protection to facilitate an action for infringement.
The registered proprietor and authorized user can initiate infringement actions.
The authorized users can exercise the exclusive right to the use the GI.

Who can use registered Geographical Indication ?

Only an authorized user has the exclusive rights to use the geographical Indication in relation to goods in respect of which it is registered.

How long is the registration of GI valid ? Can it be renewed ?

The registration of GI is for a period of 10 years.
Renewal is possible for further period of 10 years.
If a registered GI is not renewed it is liable to be removed from the register.

When is registered Geographical Indication said to be infringed ?

When unauthorized use 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 public as to their geographical origins.
When use of geographical Indication results in unfair competition including passing off in respect of registered geographical indication.
When the use of another geographical indication results in a false representation to the public that goods originate in a territory in respect of which a geographical indication relates.

Who can initiate an infringement action ?

The registered proprietor or authorized users of a registered Geographical Indication can initiate an infringement action.

Can a registered Geographical Indication be assigned , transmitted etc.?

NO. A Geographical Indication is a public property belonging to the producers of the concerned goods.
It shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement. However, when an authorized user dies, his right devolves on his successor in title.

How a Geographical Indication differs from Trademark ?

A trademark is a sign, which is used in the course of trade and it, distinguishes goods or services of one enterprise form those of other enterprise.
Whereas a Geographical Indication is used to identify goods having special characteristics originating from a definite geographical territory.

Can a registered Geographical Indication or authorized user removed from the register ?

YES. The appellate Board or the Registrar of Geographical Indication has the power to remove the geographical Indication or an authorized user from the register.
The aggrieved person can file an appeal within three months from the date of communication of the order.

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Geo. Indications Datasheet

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Geo. Indications Power of Attorney