Geographical Indication
A geographical indication is a sign which is used to identify a product originating from a particular place. Similar to the birthplace of a person, geographical indication identifies the origin of a particular product and both of them are important. It states that a particular product belongs to a particular place. Since the qualities depend on the geographical place of production, there is a clear link between the product and its geographical place of production. A geographical indication is primarily granted to agricultural, natural, manufactured, handcraft originating from a definite geographical territory. For example- Agra Petha, LucknowChicken Crafts, BikaneriBhujia, Darjeeling Tea, Kanchipuram Silk Saree etc.
Intellectual Property Rights provide protection to copyright, patent, trademarks etc. Geographical Indication Tag similar rights and protection to holders. Article 1(2) and 10 of Paris Convention for the protection of industrial property, Geographical Indications are covered as an element of IPR.
Statutory Provisions
Starting from Article 22 and till Article 24, all these Articles of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement are provisions for Geographical Indications only. Article 22(1) of the TRIPS Agreement states that Indications which identify a good as originating in the territory of a member, or a region or locality in that territory which act as the geographical indicator of a well-defined quality product or a particular trade or originality of the goods produced having geographical origin acting as Geographical Indication.
India is a member of World Trade Organization (WTO) and TRIPS Agreement. In India Geographical Indications are governed and protected by the Geographical Indications of Goods (Registration and Protection) Act, 1999. It came into force with effect from 15th September 2003. The geographical Indication office is at Chennai.
Benefits of Registration of Geographical Indication (GI)
Goods produced in a particular region are known by their name and have a link with their place of origin no matter where ever they are sold and as they become a registered Indication, protection is given to them as a matter of originality in India. It prevents unauthorized use of a Registered Geographical Indication by others. Products or goods which are exported to other countries from India with the Geographical Indication mark on them protect the origin of the goods and make it clearly identify where the goods were produced, so this protection is possible only because of Geographical Indication and thus boosts economy of the origin country. The producers of the products with the help of Geographical Indication are able to sell more in quantity thus enabling them to earn more profits. Rights conferred by registration are mentioned under Article 21 of geographical Indications of Goods (Registration and Protection) Act, 1999.
Provisions of GI Act, 1999
Section 2 (1) (e) of the Act gives the definition of Geographical Indication. Section 2(g) of the GI Act states the types of goods covered under the GI Act, 1999.
Agriculture (Basmati Rice)
Natural (Makrana Marble)
Handcraft (Kashmiri Pashmina)
Food stuff (Agra Petha)
Any other type of goods will not be protected under Geographical Indication Act,1999. An application under section 11 can be made for the registration of the goods. Registration is granted under section 16.
Who can apply?
- Any association of persons,
- Producers,
- Organisation, or
- Any authority established under the law for the time being in force.
An authorised user has exclusive rights to use the Geographical Indication in relation to goods in respect of which it is registered.
Section 9: The following Indications cannot be registered
- Which are likely to deceive or cause confusion
- Which would be contrary to any law for the time being in force
- Comprises or contains scandalous or obscene matter
- Comprises or contains any matter which are likely to hurt the religious sentiments of any class or section of the citizens
- Objects or goods which would not be granted protection in court
- Generic names
- Falsely represent to the persons that the goods originate in a particular territory, region, or locality as the case may be
Duration
Section 18 of the Geographical Indication Act,1999 provides that the registration of Geographical indication shall be valid for a period of 10 years. Suit against it’s infringement can be filed in the district court under section 66 of the said act. The registered proprietor or the authorised user of a registered Geographical Indication can initiate an infringement suit. Under section 67 of this act, relief is granted.
Controversy regarding Geographical Indication
Darjeeling Tea GI dispute
Darjeeling tea was the first product in India to receive Geographical Indication in the year 2004-2005. Under the Tea Act,1953 the tea plantations were owned and controlled by the government. Darjeeling Tea is famous for its well-known quality and mind-boggling aroma. There was a Tea Board which managed all the activities right from sowing till harvesting and sale in the market. ITC Limited had a lounge named ‘Darjeeling Lounge’ in the ITC Hotel in Sonar since 2003. The board filed a suit in Calcutta High Court stating that ITC was infringing there right by using ‘Darjeeling Lounge’ as it was there registered GI.
The contention of the defendant was that Darjeeling is the name of the place and it is not famous only for tea. The board had its tag over tea and not the word ‘Darjeeling’. Also, the suit was barred by limitation since the lounge started its operation prior to the Geographical Indication Act came into force. The judgement came in favour of ITC Limited as the board was authorised to use its certification of GI tag over tea and not a lounge.
