Importance of Geographical Indication Tags in India – An Overview

A Geographical Indication (GI) right enables those who have the right to use the indication to prevent their use by a 3^rd party whose product or item doesn’t conform to the appropriate standards. To provide lawful rights to the people whose craft/trade become available only due to their geographical factors, the Government offers Geographical Indication Tags or GI Tags. Scroll down to check more information regarding Geographical Indication Tags or GI Tags.

What do you mean by Geographical Indication Tag or GI Tag?

A Geographical Indication tag is a type of IP (Intellectual Property), a certification provided to certain products from a specific area or state, or nation that is distinctive to a particular geographical area. India, as a member of the WTO (World Trade Organisation), performed the Geographical Indications of Goods (Registration & Protection) Act, 1999, from September 15, 2003.

Like all IPRs, a Geographical Indication is a non-physical asset that creates a legal claim to future benefits through the exclusive rights and privileges attached to it. The Geographical Indication products are usually agricultural/manufactured/natural items like handicrafts etc. It’s an indication/symbol to recognise a specific product. GIs are an essential part of the development which advances economic interests. These Geographical Indication Tags are a tool to safeguard the ownership rights on natural resources & manufactured goods. Geographical Indications cannot be rented, sold, transferred as they are jointly owned by the state. Products having Geographical Indication Tags or GI Tags prevent the illegal use of products & improve financial gain to the producers by exporting the products.

How is a Geographical Indication Tag issued in India?

The Geographical Indication Tag or GI Tag is issued as per the Geographical Indications of Goods (Registration & Protection) Act, 1999. The application for Geographical Indication (GI) is open to all the producers of products or an organisation. The application must comprise the geographical map of the region or area in the country where the products are manufactured and the goods’ class to which it shall apply. It must be in the prescribed form, and a specific fee must be submitted with a signature.

The application will be examined by groups of authorities. It is obligatory to obtain a Geographical Indication registered to claim any rights concerning such indication. A product having a GI Tag prevents illegal use of products and improves financial profit to the producers by exporting the products.  A Geographical Indication product price increases in the global market as the exports increase. Section 21 of the Geographical Indication Act states that Geographical Indication Registration gives a right to file a suit for infringement. Section 23 certifies that there is prima facie evidence of ownership & validity of Geographical Indication (GI).

Law Related to GI and Geographical Indication Tags

The TRIPS Agreement set down minimum standards for the protection of Geographical Indication that all WTO members must provide. Section3 (Part II) of the TRIPS Agreement provides all standards regarding the scope, availability, and use of Geographical Indication.

Article 22 of TRIPs pacts with the safety of Geographical Indication (GI). The provision has been mentioned below:

• Geographical Indications (GI) identify a product as originating in the area of a member country where a given characteristic of the product is attributable to its geographical origin;
• The member countries must provide legal means for the prevention of :
• Using or presenting the product to misinform the public from the geographical origin of the good;
• Any such use of that product comprises an act of unfair competition within the ambit of Article 10bis of the Paris Convention (1967).
• The member nation shall permit the legislation of cancel or refuse a Trademark for the Geographical Indication regarding the products not originating in the territory comprised, if the use of that product by the member nation may mislead the public from the correct place of origin.

Article 23 of TRIPS gives additional security for the Geographical Indication for spirits & wines. Along with this, there are certain treaties managed by the WIPO^[1] that deal partly or entirely with the safety of Geographical Indication like the Lisbon Agreement, Protocol for the Madrid Agreement, Lisbon Agreement, Paris Convention, and Madrid Agreement.

The law-making measures taken in India in compliance under TRIPS are the enactment of the GI of Goods (Registration & Protection) Act, 1999, which came into action in September 2003 along with the GI of Goods (Registration & Protection) Rules, 2002. Geographical Indication Tags have been provided in India for many vital goods like Basmati Rice, Darjeeling Tea, Kanchipuram Silk, Kohlapuri Chappal, etc., for many of which the Indian Government has to fight the legal battle for decades in the International Courts to get the tag in India.

What is the Position of GI Tags in India?

As we already know that a GI (Geographical Indication) is a sign or name which is used on products to distinguish them from others because they acquire a certain quality, usage of any traditional methods in their production, or enjoy a reputation due to their geographical origin. Geographical Indication has dated its 1^st usage in France in the early 20^th century known as AOC or Appellation d’origine Controlee, but it has spread to various nations comprising India who are members of the WTO by the WTO Agreement on TRIPS, which got concluded in 1994.

The Geographical Indication Tags in India are granted as per the provisions of the GI Act, 1999, which came into effect from 2003 by the GI Registry under the Department of Industry Promotion and Internal Trade Ministry of Commerce & Industry.

Any producer, any organisation, an association of persons, or authority established by or under the law can apply to obtain to get a Geographical Indication Tags or GI Tags, and the application moved in such a view should be written in the correct format along with a prescribed fee to the proposed authority. A GI Tag is valid only for ten years, although it can be renewed from time to time for a further time period of ten years each through every subsequent renewal. Darjeeling Tea became the 1sy GI Tag issued product in India since the number of registrations & applications has increased quickly.

Conclusion

GI Act, 1999 is still changing, and its grounds are still not very strong to safeguard its infringement. Geographical Indication Laws are new to India and require strict explanation to give complete protection against infringement. The pace of manufacturing or origin of any good/product is given due to the significance under Geographical Indication because such a place or location or region is exceptionally differentiated because of its location, climate, etc.