A geographical indication is a sign used on goods that have a specific geographical origin and
possess qualities or a reputation due to that place of origin. According to Geographical Indications registry of India, Geographical Indications of Goods are defined as that aspect of industrial property which refer to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product.
International mechanism-
Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs. They are also covered under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations.
Indian Provisions-
India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection)Act, 1999 has come into force with effect from 15th September 2003. It can be renewed from time to time for further period of 10 years each.
Registrar of Geographical Indications, office at Chennai is entitled to provide GI tag in India.
Every application, within three moths of acceptance shall be published in the Geographical Indications Journal. Any person can file a notice of opposition within three months (extendable by another month on request which has to be filed before three months) opposing the GI application published in the Journal.
A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards. For example, in the jurisdictions in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can exclude use of the term “Darjeeling” for tea not grown in their tea gardens or not produced according to the standards set out in the code of practice for the geographical indication.
However, a protected geographical indication does not enable the holder to prevent someone from making a product using the same techniques as those set out in the standards for that indication.
possess qualities or a reputation due to that place of origin. According to Geographical Indications registry of India, Geographical Indications of Goods are defined as that aspect of industrial property which refer to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product.
International mechanism-
Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs. They are also covered under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations.
Indian Provisions-
India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection)Act, 1999 has come into force with effect from 15th September 2003. It can be renewed from time to time for further period of 10 years each.
Registrar of Geographical Indications, office at Chennai is entitled to provide GI tag in India.
Every application, within three moths of acceptance shall be published in the Geographical Indications Journal. Any person can file a notice of opposition within three months (extendable by another month on request which has to be filed before three months) opposing the GI application published in the Journal.
SIGNIFICANCE of GI Tags-
- increase in exports of a product.
- conveys an assurance of quality and distinctiveness.
- promotes economic prosperity of producers of goods produced in a geographical territory.
- confers legal protection.
What rights does a geographical indication provide?
A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards. For example, in the jurisdictions in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can exclude use of the term “Darjeeling” for tea not grown in their tea gardens or not produced according to the standards set out in the code of practice for the geographical indication.
However, a protected geographical indication does not enable the holder to prevent someone from making a product using the same techniques as those set out in the standards for that indication.
Which type of products can geographical indications be used?
Geographical indications are generally used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.How are geographical indications protected?
There are 3 main ways to protect a geographical indication:- so-called sui generis systems (i.e. special regimes of protection);
- using collective or certification marks; and
- methods focusing on business practices, including administrative product approval schemes.
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