GEOGRAPHICAL INDICATIONS

A PRIMER
 Introduction
• Geographical indications (GIs) are place names
(in some countries also words associated with a
place) used to identify products that come from
these places and have these characteristics (for
example, “Darjeeling Tee’”, ‘Scotch whisky’ etc.)

• Geographical indications serve to recognize the

essential role geographic and climatic factors
and/or human know-how can play in the end
quality of a product (Banarsi Saree, Mithila
Paintaing etc. )
 Introduction
• It is important that the product derives its
qualities and reputation from that place.
• Like trade marks or commercial names,
geographical indications are also IPRs, which are
used to identify products and to develop their
reputation and goodwill in the market.
• Articles 22 to 24 of Part II Section III of the TRIPS
prescribe minimum standards of protection to
the geographical indications that WTO members
must provide.
 Introduction
• Under TRIPS countries are under no obligation to
extend protection to a particular geographical
indication unless that geographical indication is
protected in the country of its origin.
• India did not had such a specific law governing
geographical indications of goods which could
adequately protect the interest of producers of
such goods.
• This resulted into controversial cases like
turmeric, neem and basmati.
 Introduction
• In the case of turmeric, in March 1995, a US Patent was
granted to two NRIs at the University of Mississippi Medical
Centre Jackson, for turmeric to be used as wound healing
agent.
• This patent was challenged by CSIR at the USPTO on the
ground of "Prior Art" claiming that turmeric has been used
for thousand years for healing wounds and rashes and
hence this was not a new invention.

• Even CSIR presented an ancient Sanskrit text and a paper

published in 1953 in the Journal of the Indian Medical
Association as documentary evidence. Upholding the
objections, the US patent office cancelled the Patent.
 Introduction
• The third case which triggered a lot of controversy was granting
of a US-patent to Texas based Rice Tec Inc who claimed that this
invention pertains to a novel breed of rice plants and grains.
• The USPTO granted the patent on ‘Basmati Rice Lines and Grains’
in September 1997 after three years examination and accepted
all the 20 claims put forward by them.
• India challenged the patent. A team of agricultural scientists
screened several research papers, reports and proceedings of
seminars, conferences, symposia, journals, news papers and
archives for relevant supporting information to establish the
existence of prior art in this area in India.

• The documentary evidences against the claim Nos. 15, 16 and 17

of the company for novelty were so strong that Rice Tec had to
withdraw these claims. The company further withdrew 11 claims.
Thus only five of the Rice Tec's original 20 claims survived the
Indian challenges.
 SALIENT FEATURES
The salient features of Geographical Indications of
Goods (Registration & Protection) Act, 1999 are
as under:
I. Definitions
II. Provision for the maintenance of a Register of
Geographical Indications
III.Registration of geographical indications of goods
IV.Prohibition of registration of certain
geographical indications
 SALIENT FEATURES
• Provisions for framing of rules by Central
Government for filing of application.
• Registration of authorized users of registered
geographical indications.
• Provisions for higher level of protection for
notified goods.
• Prohibition of assignment etc. of a geographical
indication as it is public property.
• Appeal against Registrar's decision
• Provision relating to offences and penalties
 Definitions
• “Authorized user” means the authorized user
of a geographical indication registered.
• Any person claiming to be a producer of the
goods in respect of which a geographical
indication has been registered may apply for
registration as an authorized user
 Geographical Indication
• “Geographical indication” in relation to goods means
an indication which identifies such goods as
agricultural goods, natural goods or manufactured
goods as originating, or manufactured in the territory
of a country, or a region or locality in that territory,
where a given quality, reputation or other
characteristic of such goods is essentially attributable
to its geographical origin and in case where such goods
are manufactured goods one of the activities of either
the production or of processing or preparation of the
goods concerned takes place in such territory, region
or locality, as the case may be.”
 Definitions
• “Goods” mean any agricultural, natural or
manufactured goods or any goods of handicraft
or of industry and includes food stuff.
• “Indication” includes any name, geographical or
figurative representation or any combination of
them conveying or suggesting the geographical
origin of goods to which it applies.
• “Registrar” means the Registrar of Geographical
Indications.
 Definitions
• “Producer” in relation to goods, means any
person who,
• (i) if such goods are agricultural goods, produces
the goods and includes the person who processes
or packages such goods;
• (ii) if such goods are natural goods, exploits the
goods;
• (iii) if such goods are handicraft or industrial
goods, makes or manufactures the goods,
• (iv) and includes any person who trades or deals
in such production, exploitation, making or
manufacturing, as the case may be, of the goods.
Registration of Geographical Indications

• Section 8 of the Act provides that a

geographical indication may be registered in
respect of any or all of the goods, comprised
in such class of goods as may be classified by
the Registrar and in respect of a definite
territory of a country, or a region or locality in
that territory, as the case may be.
 Who are Entitled for Registration?
• As per Section 11 any association of persons or producers
or any organization or authority established by or under
any law representing the interest of the producers of the
concerned goods can apply for the registration of a
geographical indication.
• The Applicant has to be a legal entity and should be
representing the interest of producers of the goods
applied for.
• Any such organization or association being not that of the
producers may have to prove that they represent the
interest of producers.
• Any Applicant Authority also has to prove that they
represent the interest of producers.
Who are Entitled for Registration?
• An application for registration of a geographical
indication is to be made in writing, along with the
prescribed fees (as specified under First
Schedule), and should be addressed to the
Registrar of Geographical Indications.
• Jurisdiction:
• The Geographical Indication Registry is situated
at Geographical Indications Registry,
• Intellectual Property Office Building, G.S.T. Road,
Guindy, Chennai – 600032
 Registration
• If no opposition is filed within the period specified
or where an opposition is filed and it is dismissed
and the appeal period is over, the Registrar
registers the geographical indication in Part A of
the Register unless the Central Government
otherwise directs.
• After registration of geographical indication, the
Registrar shall issue to the applicant and the
authorized users, certificate sealed with the seal of
the Geographical Indications Registry.
• The date of filing of the application shall be
deemed to be the date of registration.
 Duration of Registration
• According to Section 18, a registered
geographical indication shall be valid for 10 years
and can be renewed from time to time on
payment of renewal fee.
Benefits of Registration
• Legal right to the exclusive use of the GI and also
the right to obtain relief in case of its
infringement.
• Exclusion of unauthorized persons from misusing
GI would ensure that genuine products of the
rightful producers are marketed.
 Prohibition of Registration of Certain Geographical Indications
• Section 9 provides the following list of GIs which cannot be
registered:
(a) the use of which would be likely to deceive or cause confusion; or
(b) the use of which would be contrary to any law for the time being in
force; or
(c) which comprises or contains dis-respectful or obscene matter; or
(d) which comprises or contains any matter likely to hurt the religious
feelings of any class or section of the citizens of India; or
(e) which would otherwise be disentitled to protection in a court; or
(f) which are determined to be generic names or indications of goods
and are, therefore, not or ceased to be protected in their country of
origin, or which have fallen into disuse in that country; or
(g) which, although literally true as to the territory, region or locality in
which the goods originate, but falsely represent to the persons that
the goods originate in another territory, region or locality;
 Offences & Penalties
• Section 38 list two kinds of offences namely:-
• (a) falsifying a GI and
• (b) falsely applying a GI.
• (a) falsifying a GI means
 Falsifying a GI
• A person shall be deemed to falsify a
geographical indication who, either,-
• a. without the assent of the authorized user
of the geographical indication makes that
geographical indication or deceptively similar
geographical indication; or
• b. falsifies any genuine geographical
indication, whether by alteration, addition, or
otherwise.
 Falsely applying a GI
• A person shall be deemed to falsely apply to
goods a geographical indication who, without the
assent of the authorized user of the geographical
indication,-
• a. applies such geographical indication or a
deceptively similar geographical indication to
goods or any package containing goods;
• b. uses any package bearing a geographical
indication which is identical with or deceptively
similar to the geographical indication of such
authorized user, for the purpose of packing,
filling or wrapping therein any goods other than
the genuine goods o the authorized user of the
geographical indication.