Overview:
A mark placed on products or goods that have distinguishing characteristics, qualities, or a reputation linked to their location of origin is known as a geographical indication (GI). There is a strong association between the product and its geographical region because the nature of the product depends on the site of production. In a landmark case, Registry v. Ramesh Chandra Soni, the IPAB ruled in favor of protecting the GI for “Darjeeling Tea,” emphasizing that “GIs serve to protect products that possess qualities attributable to their geographical origin.” The board clarified that GIs are essential for safeguarding traditional products and ensuring consumers are not misled about the origin and quality of goods.
India recognizes several categories of Geographical Indications (GIs), which help protect unique products tied to specific regions. Here’s a brief overview of how they can be highlighted in your blog:
Types of Geographical Indications in India:
India boasts a rich variety of products registered under the Geographical Indications of Goods (Registration and Protection) Act, 1999, classified into several key categories:
- Agricultural Products: These include items like Basmati Rice, Darjeeling Tea, and Nagpur Oranges, which are deeply connected to their geographic origins, where specific climates and farming techniques enhance their distinct qualities.
- Handicrafts: India’s rich artisanal history is well represented in this category, with famous GIs like Banarasi Sarees, Kanjeevaram Silk, and Pashmina Shawls. These products not only reflect the region’s heritage but also support local artisans.
- Manufactured Goods: This category includes products like Salem Steel and Aranmula Kannadi (mirrors), where regional manufacturing techniques play a crucial role in defining the uniqueness of the items.
- Natural Goods: Products like Makrana Marble and Assam Teak fall under this category, where the natural resources of a region add to the uniqueness of the product.
- Foodstuffs: This includes food items like Tirupathi Laddu, Ratlami Sev, and Hyderabadi Haleem, which have unique preparation methods linked to specific regions and cultural traditions.
The Need for Legal Protection of Geographical Indications:
The legal protection of Geographical Indications (GIs) is crucial due to their substantial commercial potential. Without effective legal safeguards, competitors lacking legitimate rights can exploit the reputation of GIs, engaging in unfair business practices that lead to revenue losses for genuine right-holders and mislead consumers. Such practices can ultimately damage the goodwill and reputation associated with the GI.
International Protection for GIs under TRIPS:
At the international level, the TRIPS Agreement establishes minimum protection standards that WTO member countries must implement in their national laws. However, TRIPS presents a hierarchical challenge regarding GI protection. It offers a universal definition for GIs, regardless of product category, while creating a two-tier protection system:
- Basic protection for all GIs under Article 22.
- Enhanced protection specifically for GIs related to wines and spirits under Article 23.
This structure can be problematic if Article 22 fails to deliver adequate intellectual property protection for legitimate right-holders. A producer outside the specified geographical region may still use the GI, provided they indicate the product’s true origin on the label, thus benefiting from the established reputation and goodwill without rightful ownership.
- Historical Context of TRIPS Provisions on GIs:
Negotiations for the Uruguay Round of GATT commenced in 1986, coinciding with a pivotal phase in India’s development policy. By 1991, when India initiated significant economic reforms, the Uruguay Round was progressing toward the establishment of the WTO in 1994. Initially, India adopted a cautious approach to these negotiations, influenced by its historical protectionist trade policies.
During the Doha Round, India advocated for expanding GI protection beyond wines and spirits to include a broader range of products. Many countries supported this extension, viewing enhanced protection as a means to better market their products and differentiate them from competitors. However, some nations opposed this move, arguing that the existing level of protection under Article 22 was sufficient and warning that increased protections could disrupt established marketing practices.
India, along with several like-minded countries, sought to broaden the scope of Article 23 to include all goods. Nevertheless, nations such as the United States, Australia, New Zealand, Canada, Argentina, Chile, Guatemala, and Uruguay strongly resisted any expansion. As a result, the debate over the extension of GI protections remains unresolved and continues to be an outstanding issue in the Doha Work Programme.
- The Indian Geographical Indications Act:
India has implemented a sui generis system for the protection of GIs through the Geographical Indications of Goods (Registration & Protection) Act, 1999 (GI Act) and its accompanying rules established in 2002. These legislations were designed to align India’s intellectual property framework with its obligations under TRIPS. The GI Act, effective from September 15, 2003, established a Geographical Indications Registry in Chennai, granting all-India jurisdiction for GI registration.
Unlike TRIPS, the Indian GI Act does not limit protection to wines and spirits. Instead, it empowers the central government to determine which products warrant higher levels of protection. This flexibility was intentionally built into the Act to provide stringent safeguards for Indian-origin GIs as mandated by TRIPS. However, other WTO members are not obligated to offer Article 23-type protection to all Indian GIs, which exposes them to potential misappropriation internationally.
The definition of GI in Section 1(3)(e) of the Indian GI Act specifies that names not identifying a country, region, or locality can still qualify as GIs if they relate to specific goods originating from a particular geographical area. This provision allows for the protection of terms beyond geographical names, exemplified by the inclusion of symbols like “Basmati.”
Filing of a Geographical Indication:
In the vibrant tapestry of India’s diverse cultural heritage, Geographical Indications (GIs) stand out as a hallmark of authenticity and quality. Section 11(1) of the Geographical Indications of Goods (Registration and Protection) Act, 1999, lays the foundation for this vital aspect of intellectual property. It states that an application for the registration of a geographical indication can be submitted by an association of persons, producers, or any organizations or authorities established under current laws. These entities must represent the interests of the producers of the concerned goods and seek to register a geographical indication that reflects their unique characteristics.
In essence, this allows groups that embody the spirit of local artisans, farmers, or producers to come together and protect their unique products—be it the exquisite Darjeeling tea, the intricate Kanchipuram silk sarees, or the famed Mysore Pak. This collaborative effort not only safeguards their traditional practices but also enhances their market value by ensuring that only genuine products can carry these prestigious labels.
According to Section 17 of the Geographical Indications Act of 1999, an authorized user is a registered individual. A manufacturer of goods registered in relation to a geographical indication may register itself as an authorized user.
Registration Steps as a Licensed User:
- Disposition of a request
- Preliminary examination and scrutiny
- Issuing a show cause notice
- Advertisement
- Registration Opposition
- Registration
Steps to register the GI:
- Filing the Application:
An application for registration can be made by an association of persons, producers, or any organizations established under current laws that represent the interests of the producers of the concerned goods. The application must be made in triplicate using Form GI-1 and should include a statement of the case. An affidavit must accompany the application, detailing how the applicant represents the interests of the producers. The application includes a description of how the GI designates goods as originating from a specific territory, the class of goods to which the GI applies, a geographical map of the area where the goods are produced, and details about the appearance of the GI, including any words or figurative elements. - Preliminary Scrutiny:
Under Section 11(5) and (7), the application undergoes preliminary scrutiny by the Registrar to check for any deficiencies or discrepancies. If there are issues, the applicant is given one month to rectify them after notification. - Expert Consultation:
The Registrar consults a group of experts (up to seven representatives) to assess the correctness and authenticity of the application’s content. This ensures that only genuine claims are considered. - Issuance of Examination Report:
After thorough scrutiny and expert consultation, an examination report is issued, indicating whether the application is accepted or if further action is required. - Publication in the Geographical Indications Journal:
Upon acceptance, the application is published in the Geographical Indications Journal, allowing third parties to oppose the registration within three months. As per Section 13, any accepted application, whether fully or subject to terms or limitations, must be published within this three-month period for potential opposition. - Opposition Proceedings:
Any party can file an opposition against the registration within three months of publication. The opposition will be heard by the Registrar before making a final decision on registration. Section 14 can be referred to for a detailed procedure of filing opposition. - Corrections and Amendments:
The Registrar may permit corrections or amendments to the application before or after acceptance, subject to certain terms and conditions. - Registration:
Upon acceptance, the Registrar registers the geographical indication. The date of filing is considered the date of registration. A certificate is issued to the applicant, confirming registration and detailing their rights over the GI in accordance with Rule 55 of the *Rules
In conclusion, the protection of Geographical Indications (GIs) is vital for preserving the unique heritage and authenticity of India’s diverse products. The proposed amendments to the Geographical Indications of Goods (Registration and Protection) Act, 1999, offer a crucial opportunity to strengthen this framework. By streamlining the registration process and enhancing legal safeguards, these changes can ensure that traditional and locally crafted goods receive the recognition they deserve in both domestic and global markets.