Geographical Indications (GI) in India

Different places around the globe are known for the unique materials and products that are only found in their region. Such products may be a result of the tradition of a specific region, which has been preserved for decades by the people. This makes it imperative to tackle issues like imitations, piracy and someone who misuses the knowledge to gain more profits through imitations.

These problems are quite common in market economies, for which, India set up a set of Intellectual Property Rights (IPR) laws and introduced schemes like ‘Make in India’ and ‘Atmanirbhar Bharat.’

Although the Covid-19 pandemic was a dark period for the entire world, it also encouraged people to connect with their roots, especially in the medical sector, to preserve and protect all types of intellectual property in this digital era. The protection of intellectual property using the laws will help to reap benefits like economic growth, employment and income generation. Read on to learn more about one of the IPRs – Geographical Indication.

What is Geographical Indication?

Geographical Indication (GI) is quite different from other forms of intellectual property rights like copyrights, patents and trademarks. Geographical indication is granted to a group of manufacturers who are from a specific region, which is known as the place where the product first originated from.

When it comes to issuing GI for products, there are numerous factors such as place of origin, climate, topography, etc. that affect whether it shall be issued to you or not.

As per Section 2(1)(e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999, ‘a geographical indication refers to an indication capable of identifying goods, including natural goods, agricultural goods or manufactured goods, as manufactured or originating in a country’s territory, or a locality or region within that territory, where a specific quality, reputation or any other attribute of such good is particularly a characteristic to its geographical origin. In the case of manufactured goods, one of the activities corresponding to the processing, production or preparation of goods, should take place in the territory, region or locality.’

The GI Act was implemented and came into effect in India on 15th September 2003. While GIs are one of the most significant forms of IPR, India has a huge number of GI products. Considering it is a nation full of different cultures, it is no surprise that there is a wide range of unique products that originated from different parts of India. Kashmir, Haryana, Punjab, and Kerala are some of the popular Indian regions that are widely known across the world for their unique products.

As GI products play a vital role in boosting the economy of both the region and the nation, it is imperative to understand the role and benefits of GI and spread word to sensitize the people about it. It must be realized that the profits gained through the GI status of a product must go to the artisans and producers of that product.

To make this happen, there needs to be an effective institutional mechanism and legal framework in place.

Registration Process

Step 1: Before applying for a GI Tag, it is imperative to ensure that your product falls under the ambit of Section 2(e) of the Act. If it meets the requirements, an application for GI Tag may be filed under Section 11 of the Act. You must make three copies of the Application, which should include:

• Statement of the case for GI Tag.
• Class of good to which GI is applicable.
• Three certified geographical map copies of the region to which the GI belongs.
• Description of GI.
• Details of applicants and their addresses.

The Application must be sent to the following address:

Geographical Indications Registry
Intellectual Property Office Building Industrial Estate,
G.S.T. Road Guindy, Chennai – 600 032
Phone: 044-22502091-93 & 98
Fax: 044-22502090
Email: gir-ipo@nic.in
Website: ipindia.gov.in

Step 2: The Registrar shall scrutinize your Application to find any inconsistencies, which shall have to be corrected within one month of receiving the information of doing the same. After you’ve done so, the statement of the case shall be reviewed by experts and, thereafter, an Examination Report shall be issued.

Step 3: If the Registrar has any objection related to the Application, they shall communicate the same and the Applicant would have to reply or apply for a hearing for the same within two months of receiving such communication from the Registrar. If the Applicant wishes, they may file an appeal for such a decision within a two-month period.

Step 4: The Application must be published in the Geographical Indications Journal within three months of its acceptance.

Step 5: Anyone opposing the GI Application may file a notice of opposition within three months. A copy of such a Notice shall be sent to the Applicant, who shall be expected to send a counter-statement within 2 months. Post that, both parties shall present the evidence along with supporting documents, and the date for hearing shall be fixed as well.

If no counter statement is submitted by the Applicant, it shall be deemed that the Applicant has abandoned their application.

Step 6: After the hearing is over and the GI is accepted, the Registrar shall register the GI in records. Thereafter, a certificate of registration shall be issued to the Applicant with the GI Registry seal. The date of filing shall be considered as the date of registration of the GI.

Step 7: The GI shall be applicable for a 10-year period and must be renewed by paying a renewable fee.

Filing the Application

• The registration application for GI shall be made in triplicate.
• The Application must be attested by the Applicant or their agent along with the statement of case and submitted along with the specified GI-1 form.
• GI for different classes of goods may be filed for in a single application. The payable fees shall be calculated with respect to the class of goods listed in the application.
• An affidavit must accompany the application and submitted by the association of persons, producers, organizations, or authority representing the interest of the producers over certain goods and how the applicant claims to represent their interest.

Contents of GI Application

As per Section 11(2):

• The Application should state how the GI serves to designate the goods as to be originating from the specific territory of the country, region or locality, depending upon the case, with respect to quality specifications, reputation, unique characteristics that are exclusive due to specific weather conditions, and the inherit natural or human factors related to that specific territory.
• The Application should mention the class of goods for which the GI is applied for.
• A geographical map of the territory, locality, region, or country should be attached to the application where the goods have been produced or manufactured.
• Details related to the appearance of GI as to whether it is comprised of words or figurative elements or both should be included in the Application as well.
• A statement stating all the details of the applicant, including names, addresses and other details must be submitted along with the application.

Conclusion

Different parts of the India are popular for different goods and materials. This makes it imperative to give the people living in the region, producers and artisans credit for their products and prevent others from copying them. The GI laws were put in place to govern all such material and products and ensure that the right people receive the benefits and credit for them.