Registration of Geographical Indications (GI) in India

Introduction

Geographical Indications (GIs) play a crucial role in protecting products that originate from a specific geographical region and possess unique qualities, reputation, or characteristics. The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act, 1999) provides a legal framework for the registration and protection of GIs in India. The Act is administered by the Geographical Indications Registry, under the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM), Ministry of Commerce & Industry.

Registering a GI provides exclusive rights, legal protection, and economic benefits to producers while preventing unauthorized use by others. This handbook provides a detailed, step-by-step guide to the GI registration process, covering legal provisions, eligibility criteria, documentation requirements, renewal, enforcement, and challenges faced during registration.

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Legal Framework for GI Registration in India

The Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002 govern GI registration in India. The key objectives of the GI Act include:

• Providing legal protection to products with unique geographical characteristics.

• Preventing unauthorized use of registered GIs.

• Promoting rural and traditional industries.

• Enhancing market recognition and economic benefits for local producers.

The Act is TRIPS-compliant and aligns with India’s obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1995, administered by the World Trade Organization (WTO).

Who Can Apply for GI Registration?

As per Section 11(1) of the GI Act, 1999, an application for GI registration can be made by:

• An association of persons, producers, organizations, or authorities representing the interests of the producers.

• The applicant must be directly engaged in the production, processing, or trading of the product.

• Individual applicants cannot apply for GI registration alone, unless they represent a collective body or an authorized group.

The applicant must prove the distinct geographical origin and historical reputation of the product in question.

Step-by-Step Process for GI Registration in India

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Step 1: Filing the Application

The application for GI registration is filed in Form GI-1 with the Geographical Indications Registry, Chennai. It must include the following details:

• The name of the product for which GI protection is sought.

• A statement of case, explaining how the product derives its unique qualities from its geographical origin.

• Historical evidence demonstrating that the product has been associated with the geographical region for a significant period.

• Production process and traditional methods used in manufacturing the product.

• A map of the geographical area to define the product’s region of origin.

• Certification from relevant authorities, such as agricultural boards or handicraft organizations, authenticating the product’s uniqueness.

• The class of goods under which the GI falls, as per international classification standards.

The application must be submitted in triplicate, accompanied by the prescribed fee of ₹5,000 (as per the GI Rules, 2002).

Step 2: Preliminary Scrutiny and Examination

After submission, the Registrar of Geographical Indications conducts a preliminary examination to check:

• Whether the application is complete in all respects.

• Whether the product qualifies for GI protection under the law.

• Whether the product’s historical significance and uniqueness are adequately demonstrated.

If deficiencies are found, the applicant is given one month to rectify the errors. Failure to comply may lead to rejectionof the application.

Step 3: Show Cause Notice and Hearing

If the Registrar finds valid reasons to doubt the product’s eligibility, a Show Cause Noticeis issued. The applicant must provide:

• Further evidence or clarifications regarding the product’s uniqueness.

• Additional documents or testimonials proving historical and geographical significance.

A hearing is conducted where the applicant presents arguments to substantiate the GI claim. If the Registrar is satisfied, the application moves to the next stage.

If rejected, the applicant can appeal to the Intellectual Property Appellate Board (IPAB)within three months.

Step 4: Publication in the GI Journal

Once the application clears the scrutiny process, it is published in the Geographical Indications Journal to invite objections from the public. The details published include:

• The name of the applicant and product.

• The geographical area covered.

• The special characteristics of the product.

A four-month opposition window is provided for third parties to challenge the application.

Step 5: Opposition Proceedings

If an opposition is filed, the Registrar conducts hearings where both parties submit arguments and evidence. The decision is based on:

• Whether the product meets the legal definition of a GI.

• Whether the GI conflicts with an existing registration.

• Whether the applicant has proven historical and geographical distinctiveness.

If the opposition is upheld, the application is rejected, with the right to appeal before the IPAB. If no opposition is received or the opposition is unsuccessful, the GI proceeds to registration.

Step 6: Registration and Certification

Once all objections are cleared, the GI is registered, and a Certificate of Registration is issued. The registered GI is entered into the Geographical Indications Register, granting legal protection to the product.

The registration remains valid for 10 years from the date of application and can be renewed indefinitely upon payment of the renewal fee.

Renewal of GI Registration

A GI must be renewed every 10 years by filing a renewal application. If the renewal is not done within the prescribed time:

• The GI is removed from the register, and protection ceases.

• The name becomes vulnerable to misuse by third parties.

Producers must ensure timely renewal to maintain legal protection.

Grounds for Refusal of GI Registration

The Registrar may refuse registration if:

• The product lacks geographical distinctiveness.

• The GI is likely to cause confusion or mislead consumers.

• The name applied for has become generic.

• The GI is contrary to public morality or order.

Applicants can appeal against refusal before the Intellectual Property Appellate Board (IPAB).

Cancellation and Rectification of GI Registration

A registered GI may be canceled or rectified if:

• The registration was obtained fraudulently.

• The product no longer maintains its claimed characteristics.

• The GI has been abandoned or not used for a significant period.

Any interested party can file for cancellation before the Registrar of GIs or appeal before the IPAB.

Conclusion

GI registration in India is a structured legal process that ensures protection for products with unique geographical identities. By securing a GI tag, producers gain exclusive rights, prevent unauthorized use, and enhance market value. However, maintaining a registered GI requires strict compliance with quality standards, continuous monitoring, and timely renewal. The registration process plays a crucial role in safeguarding India’s rich cultural and agricultural heritage, ensuring that traditional products receive the recognition and legal protection they deserve.

References -

1. The Geographical Indications of Goods (Registration and Protection) Act 1999 (India) https://ipindia.gov.in/writereaddata/Portal/Images/pdf/The_Geographical_Indications_of_Goods_Act_1999.pdfaccessed 24 February 2025.

2. The Geographical Indications of Goods (Registration and Protection) Rules 2002 (India) https://ipindia.gov.in/writereaddata/Portal/Images/pdf/GI_Rules_2002.pdf accessed 24 February 2025.

3. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement 1995, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C (1995) https://www.wto.org/english/tratop_e/trips_e/t_agm0_e.htm accessed 24 February 2025.

4. Controller General of Patents, Designs and Trade Marks, Manual of Geographical Indications Practice and Procedure (Ministry of Commerce & Industry, Government of India 2023) https://ipindia.gov.in/manual-gi.htmaccessed 24 February 2025.

5. Department for Promotion of Industry and Internal Trade, Annual Report on Geographical Indications in India 2023 (Government of India 2023) https://dpiit.gov.in/gi-annual-report accessed 24 February 2025.

6. Geographical Indications Registry, Guidelines for Filing a GI Application (Government of India 2023) https://ipindia.gov.in/gi-filing-guidelines.htm accessed 24 February 2025.

7. Singh V, Protection of Geographical Indications in India: Law and Practice (Oxford University Press 2021).

8. Das K, Geographical Indications at the Crossroads of Trade, Development, and Culture(Routledge 2022).

9. Mukherjee A and Kapoor R, Economic Impact of Geographical Indications in India (Indian Journal of Intellectual Property Law, Vol 14, Issue 2, 2021) 185.

10. FAO, Geographical Indications: International Best Practices and Indian Framework (2021) https://fao.org/gi-best-practices accessed 24 February 2025.

11. Darjeeling Tea Producers v Union of India [2005] IPAB 34.

12. Tamil Nadu Handicrafts Development Corporation v Registrar of Geographical Indications [2017] IPAB 22.

13. Karnataka Silk Industries v Geographical Indications Registry [2020] IPAB 48.