Geographical Indications

The Geographical Indications of Goods (Registration and Protection) Act 1999 (in force 15 September 2003; GI Rules 2002) is India's sui generis GI law, enacted to comply with TRIPS Articles 22–24. The Geographical Indications Registry is at Chennai, under the Controller General of Patents, Designs and Trade Marks (who is also the Registrar of GIs). The first Indian GI was Darjeeling Tea (registered 2004–05).

Definition (Section 2(1)(e)): 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 the case where such goods are manufactured goods, one of the activities of either the production, processing or preparation takes place in such territory, region or locality.

• Who may apply (Section 11): any association of persons or producers, or any organisation or authority established by or under any law representing the interests of the producers of the goods concerned. An individual cannot apply.

• Register (Section 6): Part A (registered geographical indications) and Part B (authorised users). A producer of the goods can apply to be registered as an authorised user (Section 17).

• Procedure: application; preliminary scrutiny; Examination by a Consultative Group of Experts; show-cause notice; publication in the GI Journal; opposition (within three months, extendable); registration.

• Duration (Section 18): registration is for 10 years, renewable indefinitely (like trademarks).

• Grounds of refusal (Section 9): a GI is not registrable if its use would deceive or confuse; is contrary to law; contains scandalous or obscene matter; may hurt religious susceptibilities; would otherwise be disentitled to protection in a court; is a generic name or has ceased to be protected, or has fallen into disuse, in its country of origin; or, although literally true as to origin, falsely represents to the public that the goods originate elsewhere.

• GI logo and tagline ("Geographical Indication of India"), introduced to promote GI-tagged products.

• Section 21: registration gives authorised users the exclusive right to the use of the GI and the right to obtain relief for infringement. Section 20: no action lies for infringement of an unregistered GI, though passing off remains available.

• Infringement (Section 22): (a) use of any means in the designation or presentation of goods that indicates or suggests that the goods originate in a geographical area other than the true place of origin in a manner that misleads the public; (b) use that constitutes an act of unfair competition including passing off; (c) use of another GI even where the true origin is indicated, or where the GI is used in translation or accompanied by expressions like "kind", "style", "imitation" (thus India gives wine-and-spirits type protection broadly).

• Section 24: a right to a GI cannot be assigned, transmitted, licensed, pledged or mortgaged; on the death of an authorised user, the right devolves on the successor in title. This is the major difference from trademarks.

• Offences: falsifying a GI, falsely applying a GI to goods and selling goods with false GIs are punishable by imprisonment of 6 months to 3 years and fine of ₹50,000 to ₹2 lakh (offences chapter of the Act).

• Appeals: formerly to the IPAB; now to the High Court after the Tribunals Reforms Act 2021.

• Tea Board India v. ITC Ltd (Calcutta HC 2011): Darjeeling tea (certification mark and GI); ITC's "Darjeeling Lounge" use at its hotels was challenged. Treat it as the standard Darjeeling GI/certification-mark dispute; confirm the exact holding in the judgment before relying on it for analysis questions.

• Examples: Darjeeling Tea, Basmati rice (GI registered 2016; the pending EU application and Pakistan's competing claim are recurring current-affairs points), Kancheepuram silk, Banarasi sarees, Pochampally Ikat, Mysore silk, Kashmir pashmina, Alphonso mango, Nagpur orange, Tirupati laddu, Kullu shawls, Chanderi sarees. Rasgulla dispute: West Bengal's Banglar Rasogolla (GI 2017) and Odisha's Odisha Rasagola (GI 2019).

• International: TRIPS Art. 22 (general protection: prevent misleading use and unfair competition), Art. 23 (additional protection for wines and spirits, even where the true origin is stated or used with "kind"/"type"); Art. 24 (exceptions: generic terms, prior use); Lisbon Agreement 1958 and Geneva Act 2015 (appellations of origin and GIs); Madrid Agreement 1891 (false/deceptive indications of source); Paris Convention Art. 10.

• Policy: more than 600 GIs have been registered in India (verify latest figure); DPIIT and state governments promote GI registration along with "One District One Product"; NABARD and APEDA support GI-based agribusiness.

Quick facts for revision (Section 7). Act: 1999 (in force 2003); Registry: Chennai; First GI: Darjeeling tea; Term: 10 years, renewable; Definition: Section 2(1)(e); Applicants: Section 11 (associations of producers); Prohibited GIs: Section 9; Infringement: Section 22; No assignment: Section 24; TRIPS: Arts. 22–24; Additional protection: wines and spirits (Art. 23).