The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) is a
sui generis Act of the Parliament of India for protection of geographical indications in India.
India, as a member of the World Trade Organization (WTO), enacted the Act to comply with
the Agreement on Trade-Related Aspects of Intellectual Property Rights.
The GI tag ensures
that only those registered as authorized users (or at least those residing inside the geographic
territory) are allowed to use the popular product name.
According to section 2 (1)(e) of the Act, Geographical indication has been defined as "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."
Registration process
An application for registration must be made before the Registrar of Geographical
Indications by any association of persons or producers or any organization or
authority established by or under any law for the time being in force representing the
interest of the producers of the concerned goods.
The application must be made in an appropriate form containing the nature, quality,
reputation or other characteristics of which are due exclusively or essentially to the
geographical environment, manufacturing process, natural and human factors, map of
territory of production, appearance of geographical indication (figurative or words),
list of producers, along with prescribed fees.
The examiner will make a preliminary scrutiny for deficiencies, in case of
deficiencies; the applicants have to remedy it within a period of one month from the
date of communication.
The Registrar may accept, partially accept or refuse the application. In case of refusal,
the Registrar will give written grounds for non-acceptance. The applicant must within
two months file reply. In case of re-refusal, the applicant can make an appeal within
one month of such decision.
Registrar shall, within three months of acceptance may advertise the application in the
GI Journal.
If there is no opposition, the Registrar will grant a certificate of registration to the
applicant and authorized users.
Duration
A GI is registered for an initial period of ten years, which may be renewed from time to time.
Some of the registered geographical indications include agricultural goods like Darjeeling
tea, Malabar pepper, Bangalore Blue grapes, and manufactured goods like Pochampalli ikat,
Kanchipuram silk sari, Solapuri chaddars, Bagh prints, and Madhubani paintings.
A more
complete list is available at List of Geographical Indications in India.
Effect of registration and infringement
Registration of a GI gives its owner and the authorized users the exclusive right to use the
indications on the good in which it is registered.
Further, registration gives right to institution
of suit against infringement and recovery of damages for such infringement.
Infringement can
be caused by use of the GI on such goods which indicates that such goods originate in such
place other than its true place of origin or due to unfair competition. However, in case of non-registered GIs, a case of passing off can be instituted.
Registration acts as prima facie evidence of validity of the indication and ownership. The registration cannot be transferred, mortgaged, assigned or licensed, except in case of inheritance of the mark upon death of an
authorized user.
Any person who falsely applies or falsifies any geographical indication, tampers the origin of
a good, make or have in possession of dye, blocks, machines to use in falsification of GI may
be punished shall not be less than six months but which may extend to three years and with
fine which shall not be less than fifty thousand rupees but which may extend to two lakhs
(200,000) rupees.
In case of second and for every subsequent offence, a person can be
punished with imprisonment for a term which shall not be less than one year but which may
extend to three years and with fine which shall not be less than one lakh rupees but which
may extend to two lakh rupees. However, the judge may under certain condition, may reduce
the sentence, and reasons for reduction of punishment must be written in the judgment.
Other
offences includes, falsely represent a GI to be registered, falsification of entries in register,
falsely representing a place to be connected with GI Registry.
