Maarg Manthan · Topic 18.6

Geographical Indications

Science & Technology › Intellectual Property Rights (IPR) · Topic 18.6

A geographical indication, GI, is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics essentially due to that origin. It may cover agricultural goods, natural goods, handicrafts, manufactured goods and foodstuffs, such as Darjeeling tea, Kanchipuram silk or Alphonso mango. In India GIs are protected by the Geographical Indications of Goods (Registration and Protection) Act, 1999, in force from 15 September 2003, administered by the Geographical Indications Registry at Chennai. A registration is valid for 10 years and renewable. Darjeeling tea was the first Indian product to get the GI tag, in 2004 to 2005. A GI is a collective right of the producers of the region and cannot be owned by one person, and it is covered by Articles 22 to 24 of the TRIPS Agreement.

5 min read · UPSC Prelims · Science & Technology · Intellectual Property Rights (IPR)

At a Glance

Law GI Act, 1999 (2003)
Registry Chennai
First GI Darjeeling tea
Term 10 years, renewable
Right type Collective
Exam link UPSC Prelims, Science & Technology: Intellectual Property Rights (IPR)

Where Does It Fit?

This topic follows the account of trade secrets. Geographical indications are a collective right linked to place, which also connects IPR with crafts, agriculture and rural livelihoods. Previous topic: Trade Secrets. Next topic: IPR in Agriculture: Plant Breeders’ Rights.

What Is a GI and How Is It Registered?

Aspect	Details
Meaning	A sign that identifies goods as originating from a territory where a quality, reputation or other characteristic is essentially due to its geographical origin
Law	The Geographical Indications of Goods (Registration and Protection) Act, 1999, in force from 15 September 2003, with Rules of 2002. Meets obligations under TRIPS
Registry	The GI Registry at Chennai, under the Controller General of Patents, Designs and Trade Marks
Applicants	An association of persons, producers, organisation or authority representing the interests of producers. Individuals cannot hold a GI
Registered proprietor and authorised users	The association is the proprietor and producers in the region are registered as authorised users
Term	10 years from registration, renewable for further periods of 10 years
Rights	Exclusive use by authorised users and the right to stop others from using the name for goods not from the region

Which Indian Products Have GI Tags and What Are the Limits?

First tag: Darjeeling tea, registered in 2004 to 2005
Textiles: Banarasi brocade and sarees, Kanchipuram silk, Pochampally Ikat, Chanderi, Kullu shawl and Pashmina
Food: Alphonso mango, Nagpur orange, Kashmir saffron (2020), Tirupati laddu, Bikaner bhujia, Banglar Rasogolla and Odisha Rasagola
Spices and crops: Malabar pepper, Guntur Sannam chilli, Naga chilli
Crafts: Channapatna toys, Kondapalli toys, Madhubani painting and Mysore silk
Counting: India has well over 600 registered GIs, according to the GI Registry, and the number rises every year
International: Articles 22 to 24 of TRIPS give higher protection to wines and spirits and a debate exists on extending it. India is not a party to the Lisbon Agreement
Protection: a GI is lost if it becomes generic, and unregistered names may be protected only by passing off

What Else Should You Remember?

Basmati: the GI covers certain districts of north India; Pakistan also claims the name, and a dispute at the European Union was raised
Rasogolla dispute: West Bengal and Odisha both claimed the sweet and received separate tags in 2017 and 2019
Darjeeling logo: a logo with a woman picking tea protects the brand
GI logo: the Government has a logo for GI products
APEDA: the Agricultural and Processed Food Products Export Development Authority supports agricultural GIs
Handicrafts: the Development Commissioner (Handicrafts) supports craft clusters
One District One Product: a scheme linking local specialties with markets
GI and rural development: GI tags can raise prices and incomes
Fake goods: fake Banarasi sarees and Pashmina harm artisans
Quality control: a GI needs an inspection structure to keep quality
Difference from trademark: a trademark belongs to one owner, as in Trademarks
Difference from patent: no invention is needed
Link to traditional knowledge: GI recognises traditional skills, while the knowledge itself is protected by TKDL
Link to designs: crafts also seek design protection, as in Industrial Designs
Tourism: GI products help promote regions
Paris Convention: indications of source are covered in older treaties
Caution: check the number of GIs and recent tags, which change often
Registration process: application with a statement of case, map and standards, examined by a consultative group of experts, then published for opposition
Infringement: using a registered GI for goods from elsewhere is punishable with imprisonment and a fine
Farmers and artisans: GI tags help them to resist middlemen
Export markets: GI products fetch higher prices abroad with proof of origin
Wine and spirits: TRIPS gives extra protection, for example to Champagne and Scotch

Why Does It Matter for the Exam?

Law and year: 1999, in force 2003
Registry: Chennai
First: Darjeeling tea
Current affairs link: new GI tags
Common errors: giving the registry at Delhi or saying individuals can hold a GI

As an analytical point, GI protection can raise incomes of artisans and farmers by adding a premium and keeping out imitators. Success depends on quality control, branding and enforcement.

Why Is This Topic Important?

Law 1999 Act
Right Collective
Use Rural income

What Came Next?

The next topic covers plant breeders’ rights in agriculture. Next topic: IPR in Agriculture: Plant Breeders’ Rights.

Key People and Terms

GI Geographical indication
Authorised user Registered producer
Registered proprietor Producer association
Generic name Common name for a type of good
TRIPS WTO IPR agreement
Lisbon Agreement Treaty on appellations of origin

Exam Corner

Points to Remember

GI Act: 1999, in force 2003.
Registry: Chennai.
First GI: Darjeeling tea.
Term: 10 years renewable.
Collective right of producers.

Do Not Confuse With

GI and trademark Collective regional right versus single owner brand
GI and patent Place linked quality versus invention
Proprietor and authorised user Association versus producer

Memory Hook

Ninety-nine Act, Chennai registers, Darjeeling led; association owns, producers use.

Mains Angle

Questions ask for the registry, first tag and examples. These points help.

Purpose Local products
Benefits Income
Challenges Fakes, disputes

A Question You May Face

An original practice question, not a past paper question.

“Discuss how Geographical Indications can promote rural livelihoods and the challenges in their implementation.”

How to Answer

Concept GI.
Law 1999 Act.
Benefits Price premium.
Challenges Fakes.

GS Relevance

Prelims: Act, registry, first GI, term, examples, rights. GS Paper 1: art and culture, crafts; GS Paper 3: IPR, agriculture.

Frequently Asked Questions

What is a geographical indication?

A geographical indication is a name or sign used on products that come from a specific place and have qualities, reputation or characteristics due to that place. Examples are Darjeeling tea, Kanchipuram silk, Alphonso mango and Kashmir saffron. It tells buyers that the product is genuine and from that region.

Which law governs GIs in India?

The Geographical Indications of Goods (Registration and Protection) Act, 1999 governs GIs in India. It came into force on 15 September 2003 and is administered by the Geographical Indications Registry in Chennai, which is part of the Controller General of Patents, Designs and Trade Marks.

Which was the first GI in India?

Darjeeling tea was the first Indian product to be registered as a geographical indication, in the year 2004 to 2005. Since then hundreds of products including handicrafts, textiles, foods and agricultural goods from every state have been registered.

How long does a GI registration last?

A geographical indication is registered for ten years and can be renewed any number of times for further periods of ten years on payment of the renewal fee. It is a collective right, so it belongs to an association of producers and not to an individual.

What is the difference between a GI and a trademark?

A trademark identifies the goods of one business and is owned by it, while a geographical indication identifies the goods of a region and is a collective right of all producers there. A GI cannot be sold or licensed to a person outside the region, but a trademark can.

PYQ Practice — Statement Analysis

1 Darjeeling tea was the first Indian GI.

True

In 2004 to 2005.

2 The GI Registry is located at Delhi.

False

It is at Chennai.

3 A GI can be owned by one individual producer.