LAW TEACHING

SESSION: 2022-23

SUBJECT: TRADEMARK AND

GEOGRAPHICAL INDICATION

TOPIC: GEOGRAPHICAL INDICATION IN

INDIA

SUBJECT CODE: ML202-IP

SUBMITTED BY:-
SARTHAK SOLANKI
LLM (IPR) 1 YEAR
ENROLL NUMBER-20220231
INDEX
1. ACKNOWLEDGEMENT

2. INTRODUCTION

3. GEOGRAPHICAL INDICATION

4. TRADEMARK AND GEOGRAPHICAL

INDICATION

5. LEGISLATION GOVERNING

GEOGRAPHICAL INDICATION

6. REGISTERATION OF GEOGRAPHICAL

INDICATION

7. VALIDITY

8. ADVANTAGES

9. CONCLUSION
 ACKNOWLEDGEMENT
The success and final outcome of this project required a lot of guidance and assistance from
many people and I am extremely privileged to have got this all along the completion of my
project.

Working on this topic was a very knowledgeable experience and we owe our deep thanks to sir
for allowing us to work on this interesting topic.

At the end I would like to express my deep and sincere gratitude to the above mentioned whose
guidance, encouragement and constructive criticism have contributed immensely to the evolution
of our ideas

INRODUCTION
The GI tag is also known as the Geographical Indication tag. Geographical
Indications is a sign provided to certain commodities or products based on their
geographical locations which include the place of origin, region, town or
country. The Darjeeling Tea is India’s first product to get the geographical
indication tag. This tag is considered as a certification which includes whether
the product is produced according to traditional methods and certain specific
qualities which provides reputation based on geographical origins. This
facilitates that no other authority other than authorised users are permitted to
take the popular product name. 

In similar terms, it is an indication that originates from a definite geographical

territory. It possesses a particular character, reputation & special attribute or
quality. It holds a sense of trust and authenticity. According to the World
Intellectual Property Organisation (WIPO), a geographical indication is a
distinctive sign which has a specific origin and which showcases the qualities or
traits that are possessed by the good. The standards of protection and
safeguarding for Geographical Indication took its forms from the Paris
Convention for protection of Industrial Property, 1883. It includes trademarks,
industrial designs, trade names, service marks, geographical indications and so
on. It is also followed by the Madrid Agreement for Repression of False or
Deceptive Indications of Source of Goods, 1891. These international
instruments primarily focus on geographical indications. 

1 GEOGRAPHICAL INDICATION
Geographical indication regulates those who have the right to make the use of
the indication. It prevents any third party from taking advantage of the product.
The protection of GI does not allow the holder to disregard any other individual
from using the product. The protection facilitates the right over a particular sign
that provides a specific indication. A geographical indication is regulated and
accommodated under Intellectual property rights. This is covered under the
Paris Convention for the Protection of Industrial Property. Looking into the
international realms the geographical indications are governed by the World
Trade Organisation (WTO) that is Agreement on Trade-related aspects of
Intellectual Property Rights (TRIPS). Concerning the Indian subcontinent, the
administration of geographical indications is controlled by the Geographical
Indications of Goods (Registration and Protection) Act, 1999 which came into
force in September 2003. 

1.1THE MAIN APPROACHES USED TO PROTECT

GEOGRAPHICAL INDICATION ARE AS FOLLOWS :
1.  Focus on business practices, consisting of administrative product
approval schemes.
2.  Usage of certification marks
3. Special regimes of protection (sui generis systems)
Geographical Indications of Goods can be explained as the aspect of industrial
property. It refers to GI indicating a country or place which indicates the origin
of the product. Article 1(2) and 10 of the Paris Convention for the Protection of
Industrial Property deals with the geographical indication which is covered as an
element of Intellectual property rights. It ensures quality and distinctiveness as
the product’s main attribute is the place of origin. GI is also covered under
TRIPS Article 22 to 24. These tags act as a very strong device in safeguarding
national property rights. Examples: Agra petha, Kanchipuram silk, Darjeeling
tea, Basmati rice in India etc.

2 TRADEMARK AND GEOGRAPHICAL INDICATION

The main difference between the two is that a trademark is a sign which is used
by a business concerned to differentiate the services or products from their
competitors. Whereas, Geographical Indication acts like an indicator which
provides the origin of the commodity or product. In the case of a trademark, it
can only be used by one entity. Any entity can use geographical indications
from that particular place of origin. A deceptive geographical indication can be
identified as a trademark and render trademark deceptive. The reverse of this
process is not practical. A geographical indication cannot claim colour features,
but a trademark can. Lastly, a geographical indication can be a politico-
geographical name that is the name of a place. Trademark can be a letter, a
word, numerals or a combination of letters or a hologram and so on.
3 LEGISLATION GOVERNING GEOGRAPHICAL INDICATION
India has adopted a sui generis system concerning geographical indication.
Geographical Indications of Goods (Registration and Protection) Act 1999
operationalises the structure required by Geographical Indications Goods
(Registration and Protection) Rules, 2002. The term “Geographical Indication” is
defined under Section 2(e) of the Rules. It means an indication which identifies
a commodity or a product as a natural good, agricultural good or manufacturing
good concerning the place or region. The quality of these goods is derived from
the geographical place of its origin.

3.1THERE ARE THREE ASPECTS CONCERNING THE

GEOGRAPHICAL INDICATION GIVEN BEFORE
REGISTRATION, THEY ARE AS FOLLOWS:
1. Providing the producer with insight on the need for registration and
being recognised as an authorised.
2. Highlighting the authenticity of a registered good.
3. Ensuring the quality of the good.
Section 11(1) of the Act explains who can file for geographical indications. It
can be filed by the producers or organisation, an association of persons or any
authority. This entity should show an interest in the concerned producer of the
good. And finally should be willing to register the good. Section 17 of the
Geographical Indications of Goods Act, 1999 explains an authorised user the
producer of a good is qualified to be recognised as an authorised user.

4 REGISTRATION OF GEOGRAPHICAL INDICATION

Section 12 of the Geographical Indications of Goods Act lays down the rights
conferred by registration. Firstly, it gives an exclusive right to make use of the
geographical indication concerning the good. Secondly, in case of an
infringement, a remedy can resort to this Act. These rights are not absolute;
they are subject to certain conditions such as variation, blank space, limitation
and restraining. 
4.1THE FOLLOWING ARE THE STEPS INVOLVED IN THE
REGISTRATION
1. Filing of the Application
2. Preliminary Scrutiny 
3. Examination
4. Issue of Show Cause Notice
5. Advertisement
6. Opposition to Registration
7. Corrections and amendments
8. Registration
9. Duration, Renewal and Restoration
10. Appeal to the Intellectual Property Appellate Boards
Elaborating upon these steps, step one is about the filing of the application. The
application for registration shall be made in triplicate. The applicant should sign
it, and with that, there should be a statement of the case. There should also be
an affidavit stating the interest in the good. The contents of the application are
explained in Section 11(2). The particulars include the origin of the good, class
of the good, geographical map of the region or place of the good and finally the
details of the applicant. The form for registration is available on the website of
the Geographical Indications Registry. The second step and third step of
preliminary scrutiny and examination respectively are mentioned under Section
11(5) to (7). The examiner scrutinises the application to check if there are any
errors or false information.

If there are any such errors, the applicant can verify it and rectify the mistakes
within one month. The authenticity of the application is checked by the
Registrar in consultation with experts, which is a group of not less than seven
representatives. The fourth step is the issue of show-cause notice that is
explained under Section 12, the Registrar checks the application and raises
objections. If the applicant finds these objections unreasonable then he or she
may appeal. The fifth step is mentioned in Section 13, which is an
advertisement; the geographical indication which is approved is published in
the Geographical Indications Journal. “Opposition to the registration” the sixth
step is under Section 14. The opposition should be filed within three months
from the time it is published in the Geographical Indications Journal. The copy
of such opposition can be provided to the applicant as well. This is an order to
make any counterclaims by the applicant if any, as a justification. The Registrar
will give the appropriate time for both the parties to prove their sides.

The Registrar allows correction to be made by the applicant in case of any

errors as a part of counterclaims and as an answer to the opposition. The
seventh step is that the Registrar allowing corrections and amendments are
allowed under Section 15. The most important step is the registration that is
given in Section 16. Once the application is accepted, the Registrar registers the
GI. The Registrar shall issue the authorised user with a certificate having the
seal of GI’s registry in Form-2 as per Rule 55 of the Geographical Indications of
Goods (Registration and Protection) Rules, 2002. Section 18 explains the
duration, renewal and restoration. Finally, the appeal to the Appellate Boards. It
says that if any person feels aggrieved, they may seek remedy under the
Intellectual Property Appellate Board (IPAB).

It is essential to understand the role of a registered proprietor, authorised user

and a producer concerning the geographical indication. Firstly, a registered
proprietor can be any producer, organisation or association or authority that is
recognised as a registered proprietor under law. Their names should be duly
filled in the Register of Geographical Indications. Secondly, an authorised user
is simply the producer of the good. He or she should apply for registration along
with the prescribed fee. Lastly, a producer can be a producer of an agricultural
good, natural good, or industrial goods. 

The process of registration is not mandatory. Registration allows legal

protection and it facilitates infringement in case of any violation. Only a
registered proprietor and authorised users can carry out any suit in matters of
infringement. The authorised user owns the exclusive right to make use of the
geographical indication. A geographical indication can be said to be infringed in
the following scenarios. Firstly, when an authorised user makes use of the
indication in a manner that it misleads the public concerning the origin of the
good. Then, when it leads to unfair competition or practices. And at last, using
the GI tag as a false representation in the public domain.

5 VALIDITY
The validity of the GI Tags can be ascertained with the aid of the TRIPS
agreement. Firstly India is a participant and member of the WTO. It has enacted
the Geographical Indications of Goods Act, 1999. The first Indian product to get
the GI tag was the Darjeeling Tea in 2004. The validity of geographical
indication is for 10 years. It can be renewed after the completion of the validity
period which is 10 years.
6 ADVANTAGES
The advantages of geographic indication are as follows: Firstly, it provides legal
protection to the product. Then, it prohibits any unauthorised use by the user.
Furthermore, it aids and helps consumers to get quality products that meet the
standard of all. Finally, it promotes economic growth and increases the demand
for the product both at national and international markets. The other benefits
include that it helps producers to obtain the title of premium goods and avail
proper price in the competitive market. It prohibits malpractice or false practice
and avoids low-quality products in the market. It allows the customers to enjoy
the benefit of premium goods.

6.1THE KEY MERITS OF HAVING A GI TAG ARE AS FOLLOWS

:
1. Boosts export in the economy
2. Growth of economic wealth
3. Deters misuse
4. Increase in tourism and trade

7 CONCLUSION
In the current situation, there are many producers and there is much
application being filed for the GI tag. To provide such an indication, it requires a
lot of hectic process assessing various parameters. The main quality of the GI
tag is its uniqueness and it prevents any kind of exploitation by a third party.
The exclusive right is vested over the authorised user by the virtue of the
geographical indication given to the good. Geographical indication gives due
credit to the quality of the good. It prevents any kind of false representation or
exploitation. As regulated by the Geographical Indications of Goods Act, 1999
all the GI tags stay protected and they are no longer vulnerable. In cases of any
infringement, the Geographical Indications of Goods Act will give the remedy.
Geographical Indication gives a strong relationship between the good and its
geographical place of origin.