The Protection Of Geographical Indications In India

Geographical indications are any markings that identify a product as coming from a particular country’s territory, a particular region within that territory, or a specific locality within that region, provided that the product’s quality reputation and other characteristics can be linked to its geographic origin. This indicates that the Geographical Indications must show that a product of a specific origin has a quality, reputation, and other qualities that are basically due to its geographic origin. According to the TRIPS Agreement, geographic indicators are a kind of intellectual property (“IP”). Geographical Indications (GI) are labels placed on products that have a strong affinity for a specific place or region where they were discovered, developed, or produced. Businesses and enterprises located in specific areas are also granted the right to use the “geographical indicator” on the distinctive objects created in that area. Thus, any real or potential infringement of a registered geographical indication can be swiftly addressed by the GI’s owners.

The word “geographical indication” is defined as follows under Section 2(e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act):

“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 characteristics 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.”

Types Of Products That Can Be Protected Under GI.

The scope of GI includes the following categories of products:

Agricultural (example, Basmati rice)
Natural (example, Makrana marble)
Handicrafts or of any industry (for example, Kashmiri pashmina)
Foodstuff (example, Dharwad pedha)

Legal Framework For The Protection Of Geographical Indications In India

The Geographical Indications of Goods (Registration and Protection) Act, 1999, and the Geographical Indications of Goods (Registration and Protection) Rules, 2002, regulate the registration and use of geographic indications in products.

The registration of the geographical indication is not necessary in India but as per section 20(1) of the GI act,1999, “No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered geographical indication”.

The registration of a geographical indication gives its owner and its authorized user the right to obtain relief from infringement. The relief for infringement is explained in section 67 of the GI act, 1999 as the court may grant an injunction (subject to such terms, as the court thinks fit) and at the option of the plaintiff, nominal damages, or damages based on the profits.

Section 6(1) further stipulates the maintenance of a GI Register which is to be divided into two parts: Part A and Part B. The particulars relating to the registration of the GIs are incorporated in Part A, while the particulars relating to the registration of the authorized users are contained in Part B (Section 7 of the Act).

The entire registration and application process for GI goods in India, among other things, falls under the purview of Chennai’s Geographical Indications Registry. The jurisdiction for appeals is with the Intellectual Property Appellate Board (IPAB). Chennai serves as its second home. The IPAB advertises on its website that it is the only court in India with a global reach.

Process For Registering A Geographical Indication

STEP 1 : Filing of application

First check whether the indication (Product) comes within the ambit of the definition of a Gl under section 2(1)(e).
The association of persons or producers or any organization or authority should represent the interest of producers of the concerned goods and should file an affidavit on how the applicant claims to represent their interest.
The application must be made in triplicate.
The application shall be signed by the applicant or his agent and must be accompanied by a statement of the case.
Details of the special characteristics and how those standards are maintained.
Three certified copies of the map of the region to which the GI relates.
Details of the inspection structure if any to regulate the use of the GI in the territory to which it relates.
Give details of all the applicants together with addresses. If there is a large number of producers a collective reference to all the producers of the goods may be made in the application and the G.I., If registered will be indicated accordingly in the register.
Applicants need to send their application to the Geographical Indication registry in India

The applicant must have an address for service in India. Generally, an application can be filed by (1) a legal practitioner and/or (2) a registered agent.

STEP 2 and 3: Preliminary scrutiny and examination

The Examiner will scrutinize the application for any deficiencies.
The applicant should within one month of the communication in this regard, remedy the same.
The content of the statement of case is assessed by a consultative group of experts who will versed on the subject.
The will ascertain the correctness of the particulars furnished.
Thereafter an Examination Report would be issued.

STEP 4: Show cause notice

If the Registrar has any objection to the application, he will communicate such objection.
The applicant must respond within two months or apply for a hearing.
The decision will be duly communicated. If the applicant wishes to appeal, he may within one month make a request.
The Registrar is also empowered to withdraw an application, if it is accepted in error, after giving on the opportunity of being heard.

STEP 5: Publication in the geographical indications Journal

Every application, within three months of acceptance, shall be published in the Geographical Indications Journal

STEP 6: Opposition to Registration

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.
The registrar shall serve a copy of the notice on the applicant.
Within two months the applicant shall be sent a copy of the counter statement.
If he does not do this he shall be deemed to have abandoned his application. Where the counter-statement has been filed, the registrar shall serve a copy on the person giving the notice of opposition.
Thereafter, both sides will lead their respective evidences by way of affidavits and supporting documents.
A date for the hearing of the case will be fixed thereafter.

STEP 7: Registration

Where an application for a GI has been accepted, the registrar shall register the geographical indication. If registered the date of filing of the application shall be deemed to be the date of registration.
The registrar shall issue to the applicant a certificate with the seal of the Geographical indications registry.

STEP 8: Renewal

A registered GI shall be valid for 10 years and can be renewed on payment of a renewal fee.

STEP 9: Additional protection to notified goods

Additional protection for notified goods is provided in the Act.

STEP 10: Appeal

Any person aggrieved by an order or decision may prefer an appeal to the respective district court with respect to the jurisdiction of the indication within three months form the date of knowledge.

Geographical Indications In International Trade:

India adopted GI regulations following the ratification of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). As a “single undertaking,” all WTO members ratified the TRIPS agreement. For the WTO, a single undertaking essentially entails a contract that each member state signs.
All members of the World Trade Organization are required to abide by the minimal standard of protection for goods registered as GIs as set forth in the TRIPS agreement (WTO). According to Article 22 (2)(b) of the agreement, the goal of giving commodities the status of GI is to prevent “an act of unfair competition” and false statements about the geographic origins of a good (a).
There are many laws and treaties enacted by the World Intellectual Property Organisation (WIPO) and World Trade Organisation (WTO) for the protection of Geographical Indications.3 main Treaties enacted for the protection of Geographical Indications under WIPO are listed below.
Paris Convention
Madrid Agreement
Lisbon Agreement
The TRIPS Agreement (agreement), which was signed in 1994, was criticized for not being exhaustive enough for all goods in Article 22. Spirits and wine are given extra protection under Article 23.

Famous Geographical Indications In India:

Darjeeling Tea– India’s first GI-tagged product was Darjeeling tea. Given that India is the world’s top producer of tea, it is one of the most significant GIs the country has. In the mountainous District of Darjeeling of West Bengal, Darjeeling tea has been growing continuously for 150 years. Consumers have acquired a taste for the tea and have sustained its goodwill for more than a century as a result of the region’s climatic conditions, production laws, and processing. Tea is distinctive in nature and flavor and is widely recognized throughout the world. Given its widespread recognition, it was crucial to register the Geographical Indications to safeguard it from being abused by its rivals’ dishonest business activities. If Darjeeling tea is not registered, it will be impossible to preserve its reputation both domestically and internationally. India is having trouble competing with competitors like Kenya, Sri Lanka, and Nepal in the tea export market. Their tea has also been mislabeled as Darjeeling on numerous occasions. Tea is therefore, obtaining a recognized Geographical Indication is essential to expanding the export market, defending the owner’s rights, and preventing consumer fraud.
Pashmina Shawls- About Kashmiri Shawls: Shawls are produced by two techniques, loom woven or Kani shawls and needle embroidered or sozni shawls. The basic fabric is of three types – Shah Tush, Pashmina, and Raffle. Shah Tush (King of wool) passes through a ring and is also known as a Ring shawl. It comes from a rare Tibetan antelope living at a height of over 14000 ft in the wilds of the Himalayas. Pashmina is known the world over as cashmere wool, it comes from a special goat (Capra hircus) living at an altitude of 12000 to 14000 ft. Raffal is spun out of merino wool tops and is a popular type of shawl. Authorities estimate that the state exports handicrafts worth Rs 785 crores every year. The majority of the crafts rely on regional expertise, traditional materials, and traditional knowledge. It is economically sensible to give them legal protection under the GI Act. The first craft product from Jammu & Kashmir to be registered as GI is Kashmir Pashmina. In response to the long-standing requests of Pashmina weavers for its patenting, Kashmiri Pashmina received its GI cover in September 2008.
Alphonso Mangoes- The agricultural crop known as Alphonso is mainly grown in Maharashtra’s Konkan region. Additionally, due to a lack of regional ties, mangos grown outside the Konkan do not exhibit all of the spectacular and traditional qualities of the Alphonso mango. The Geographical Indications of Goods (Registration and Protection) Act, 1999 grants the fruit intellectual property rights in the form of a “Geographical Indication,” or “GI,” based on this precise attribute (GI Act 1999).

Challenges in the protection of geographical indications in India:

The major challenges faced by goods applying for GI status are: Origin of the goods for identifying geographic territory:

Registration of GIs
Monitoring and controlling specified processes
procedure and quality of GI protected goods
Protection of GIs from infringement
Enforcement of intellectual property rights

Conclusion:

India is a country with many different cultures and products. Every state, even every district, has its own culture and produces things that are particular to that region. Many of the products are locally unique, although not all are given the Geographical Indication designation as described in Section 2(e) of the Act. The GI Registry gives each application careful consideration. India has a fairly thorough process for registering geographic indications that incorporates the democratic values of our Constitution. It includes numerous options for contesting the registration of goods under the GI Act. It was a multinational accord called the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) that gave geographical indicators in India more prominence. After the conclusion of the Uruguay Round of the General Pact on Trade and Tariffs (GATT) in 1994, India was one of the nations that requested an extension to the protection provided under the agreement.

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