Geographical Indication (GI)

A geographical indication (GI) is a designation applied to products originating from a specific geographical area, indicating that the qualities or reputation of the products are inherently linked to that particular origin.

In India, the Geographical Indications of Goods (Registration and Protection) Act, of 1999 governs the registration and protection of GIs. These tags play a crucial role in promoting and safeguarding the unique products and traditional knowledge of various regions, contributing to rural development, preserving cultural heritage, and enhancing the marketability of Indian products in the global market.

Article 22 (1) of Trade-Related Aspects of Intellectual Property Rights (TRIPS) defines GIs as “indications which identify a good as originating in the territory of a member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin”.

In many EU nations, GI is classified in two basic categories Protected GI (PGI) and Protected Destination of Origin (PDO). India only has the PGI category.

This certification is also extended to non-agricultural products, such as handicrafts based on human skills, materials and resources available in certain areas that make the product unique.GI is a powerful tool for protecting traditional knowledge, culture and can boost socio-economic development.

Benefits: It lets approved users stop others from using the indication if their product doesn't meet the standards. A GI tag confers the following rights to the registered proprietors:

• Legal protection against unauthorised use by others.
• Exclusive right to use the GI tag for the specified goods or products.
• Ability to prevent misuse, imitation, or misleading representations of the GI tag.
• Legal recourse against infringement or unfair competition.

Legal Framework and Governance:

• GI is governed under the Agreement on TRIPS at the World Trade Organisation (WTO).
• The Geographical Indications of Goods (Registration and Protection) Act, 1999 seeks to provide for the registration and better protection of geographical indications relating to goods in India.
• Paris Convention emphasises protecting industrial property and geographical indications in Articles 1(2) and 10.

Status of GI Tags Registration:

Compared to other nations, India lags in GI registration. Till December 2023, Intellectual Property India received just 1,167 applications, of which only 547 products have been registered, as per the GI Registry.

Germany leads in GI registrations, with 15,566 registered products, followed by China (7,247), as per 2020 data with the World Intellectual Property Organization.

Globally, wines and spirits comprise 51.8% of registered GIs, followed by agricultural products and foodstuffs at 29.9%.In India, handicraft (about 45%) and agriculture (about 30%) comprise the majority of the GI products.

Concerns Regarding the GI Tags in India:

Concerns with GI Act and Registration Process:The GI Act, 1999 framed over two decades ago, requires timely amendments to address current challenges.Registration forms and application processing times need simplification for easier compliance.

The current application acceptance ratio is only about 46% in India.Lack of suitable institutional development hampers effective implementation of GI protection mechanisms.Producers often struggle post-GI registration due to a lack of guidance and support.

Ambiguity in Producers' Definition:The lack of clarity in defining "producers" in the GI Act of 1999 leads to the involvement of intermediaries.Intermediaries benefit from GIs, diluting the intended advantages for genuine producers.

Disputes at the International Level:Disputes, especially regarding products like Darjeeling teaand Basmati riceindicate that GIs receive less attention compared to patents, trademarks, and copyrights.

Academic Attention:Limited academic focus on GIs is evident, with only seven publications from India.A recent surge in publications indicates growing academic interest, with 35 articles published in 2021.

European nations, such as Italy, Spain, and France, lead in GI-related academic publications.

GI Tag in India

The Geographical Indication Registry, a division of the Ministry of Commerce and Industry’s Department of Industry Promotion and Internal Trade (DIPIT), is responsible for issuing GI tags, further safeguarding these unique products and their geographical origins. The GI tag holds significant importance for India, as it:

• Promotion and protection: It promotes and safeguards the unique products and traditional knowledge of various regions, contributing to rural development and empowerment.
• Marketability and competitiveness: It enhances the credibility/marketability and competitiveness of Indian products in the global market.
• Preservation of cultural heritage: It preserves the cultural heritage and traditional practices associated with the production of these products.
• Prevention of misappropriation: It prevents misappropriation and misuse of traditional knowledge by unauthorized parties.
• Sustainable practices and environmental conservation: It encourages sustainable production practices and environmental conservation in the designated regions.

GI Act of 1999

The Geographical Indications of Goods (Registration and Protection) Act, 1999 is the main law in India that oversees the registration and protection of geographical indications. The Act’s key provisions include:

• The establishment of the Geographical Indications Registry, which is responsible for processing and registering GI applications.
• The criteria for registering a GI, include the association between the product and its geographical origin, and the reputation or quality attributable to that origin.
• The duration of protection is initially 10 years but can be renewed indefinitely.
• Provisions for enforcing GI rights, including civil and criminal penalties for infringement.
• Provisions for registering authorised users and associations of producers.

GI Tag as an IPR

Geographical Indications are recognized as a form of intellectual property rights under the TRIPS Agreement of the World Trade Organization (WTO). As an IPR, GIs:

• Protect the collective rights of producers and communities associated with a particular product.
• Prevent the misuse or misappropriation of a product’s reputation or characteristics by unauthorized parties.
• Contribute to the preservation of traditional knowledge and cultural heritage.
• Promote fair trade practices and sustainable development in rural communities.

State Wise GI Tag Products in India

The GI Registry is located in Chennai processes and registers GI Applications. The tag was first given to Darjeeling Tea. However, GI tags aren’t only for popular products; they exist for hundreds of items across states, each recognizing a specific region and product. The various states' GI tags are as follows:

The first product in India to be accorded with GI tag was Darjeeling Tea in the year 2004-05.

Recently, over 17 products from Odisha, Arunachal Pradesh, West Bengal, and J&K have received the Geographical Indication (GI) tag.