Meaning:

A geographical indication is a sign used on products that have a specific geographical origin and
possess qualities or a reputation that are due to that origin.1 Most commonly, a GI consists of the
name of the place of origin. The specific qualities involved are the result of local natural or
human factors. GIs thus represent a collective asset linked to the local heritage and
reputation. GIs are protected by intellectual property rights, in accordance with the World Trade
Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and
the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical
Indications.2 The basic concept underlying GIs is simple, and familiar to any shopper who
chooses Roquefort over “blue” cheese or Darjeeling over “black” tea. “Cognac”, “Scotch”,
“Porto”, “Havana”, “Tequila” and “Darjeeling” are some well-known examples of names
associated throughout the world with products of a certain nature and quality, known for their
geographical origin and for having characteristics linked to that origin.
Registration:
Registration of GI
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.3
What Indications are not registrable?
For registrability, the indications must fall within the scope of section 2(1)e of GI Act, 1999.
Being so, it has to also satisfy the provisions of section 9, which prohibits registration of a
Geographical Indication
● the use of which would be likely to deceive or cause confusion; or
● the use of which would be contrary to any law for the time being in force; or
● which comprises or contains scandalous or obscene matter; or
● which comprises or contains any matter likely to hurt the time being in force; religious
susceptibilities of any class or section of the citizens of India; or
● which would otherwise be dismantled to protection in a court; or
● 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

1
Geographical Indication: An Introduction, WIPO,
https://www.wipo.int/edocs/pubdocs/en/geographical/952/wipo_pub_952.pdf.
2
Geographical Indication, Food and Agricultural Organization of the United Nations,
https://www.fao.org/geographical-indications/en.
3
Section 8.
 ● 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 as the case may be.
Explanation 1 to section 9 says that for the purposes of this section, “generic names of
indications” in relation to goods which although relates to the place of the region where the
goods was originally produced or manufactured, has lost its original meaning and has become
the common name of such goods and serves as a designation for an indication of the kind, nature,
type of other property or characteristic of the goods.
Explanation 2 further says that “in determining whether the name has become generic, account
shall be taken of all factors including the existing situation in the region or place in which the
name originates and the area of consumption of the goods.”
Registration of Authorised User
Any person claiming to be the producer of the goods in respect of which a geographical
indication has been registered under section 16 may apply in writing to the Registrar in the
prescribed manner for registering him as an authorized user of such geographical indication.
Such application shall be accompanied by a statement and such documents of facts as may be
prescribed and required by the Registrar to determine whether such person is the producer of the
goods.
Process
The various steps of the registration process for filing the Geographical Indication and an
authorized user as The registration process is similar to both provided by the Ministry of
Commerce and Industry of the Govt. are as follows4:

4
The Registration Process, IP India, https://ipindia.gov.in/the-registration-process-gi.htm.
Duration
A registered GI shall be valid for 10 years and can be renewed on payment of a renewal fee. 5 It
can be removed if the renewal fee is not paid. However, the registrar can restore the GI or the
authorized user within a period of one year on the application made by the registered proprietor
or the authorized user.

Effect of Registration:
The effect of registration to a GI holder confers the following benefits6:
● Right to exploit: Authorised user has the exclusive right to use geographical indication
in relation to the goods in respect of which the geographical indication is registered..

5
Section 18
6
Section 21
 ● Right to get relief: Registered Proprietors and authorized users have the right to obtain
relief in respect of infringement of the geographical indication.
Prohibition on assignment
Section 24 provides that any right to a registered geographical indication shall not be the subject
matter of assignment, transmission, licensing, pledge, mortgage, or any such other agreement:
However, on the death of an authorized user his right in a registered geographical indication shall
devolve on his successor in title under the law for the time being in force.

Infringement and Remedies7:

A registered geographical indication is infringed if a person not being an authorised user8 -
a. uses such a sign on the goods, or suggests that such goods originate in another geographic
area, which confuses someone other than the actual place of goods public.
b. uses any GI in such manner that constitutes an act of “unfair competition” i.e any act of
competition contrary to honest practices in industrial or commercial matters.
c. uses another geographical indication for the goods, which is actually true as to region, or
locality from where the goods originated and falsely misrepresents that goods originate in
a region, or a locality to which such registered geographical indicators belong.
d. uses any other geographical indication to such goods not originating in the place
indicated by such other geographical indication or uses such other geographical
indication to such goods even indicating the true origin of such goods or uses such other
geographical indication to such goods in translation of the true place of origin or
accompanied by expression such as “kind”, “style”, “imitation” or the like expression
The remedies available in an infringement or passing off action are injunction, damages, or
account of profits along with the delivery of the infringing labels and indications for destruction
and erasure.9
The remedy of damages may not be granted if it is proven by the opposite party that at the time
he commenced to use the geographical indication complained of in the suit he was unaware and
had no reasonable ground for believing that the geographical indication relating to the plaintiff
was in use/or on the register and when he became aware of the existence and nature of the
geographical indication relating to the plaintiff he immediately ceased to use the geographical
indication.
Tea Board v. ITC Ltd10

7
Geographical Indication, I Pleaders, https://blog.ipleaders.in/geographic-indication-law-in-india/.
8
section 22
9
section 67.
10
Tea Board, India vs I.T.C Ltd, Cal HC, (2011) 5 CHN 1 (DB).
The Tea Board of India filed a suit for trademark and GI infringement against ITC Ltd. for using
the name “Darjeeling” at one of its refreshment lounges, namely, “Darjeeling Lounge” at its
Hotel in Kolkata. The Court went into the merits of the case and observed that "It is also not
found that there has been any infringement under the Geographical Indications of Goods Act
because the defendant's 'Lounge' is not relating to goods. Plaintiff's rights conferred by the
registration of the word 'Darjeeling' are only in relation to tea. 'Darjeeling' is not a trademark. It
is only used to indicate geographical indication of a place of origin of tea originating from
Darjeeling. The law relates to geographical indication is confined only to goods. The plaintiff
does not own any right in the name of 'Darjeeling' for any goods other than tea. The
Geographical Indications Act can only extend to goods and admittedly, the defendant's lounge
does not fall within the category of 'goods'".
Difference between Geographical Indication and Trademark:

S.No. Geographical Indications Trademarks

Geographical indications (GIs) identify a A trademark identifies a good or service
1.  
good as originating from a particular as originating from a particular company.
place.
A GI may be used by any persons in the A trademark can be assigned or licensed
2.  
area of origin, who produces the good to anyone, anywhere in the world,
according to specified standards, but because it is linked to a specific company
because of its link with the place of and not to a particular place
origin, a GI cannot be assigned or
licensed to someone outside that place or
not belonging to the group of authorized
producers.
The name used as a geographical The trademark may be a letter, word,
3.  
indication is usually predetermined by number or its combination, even odor or
the name of a geographical area. and can 3-D shape. A trademark often consists of
only be denoted by Geo-political names a fanciful or arbitrary sign.
and symbols related to it.
4.   Does not employ human creativity in its Essentially a work of human
nomenclature. creativity.