Geographical Indications (GI) Registration in India - Complete Guide

What is a Geographical Indication?

A Geographical Indication (GI) is an indication which identifies goods as originating from or manufactured in a specific territory, region, or locality, where a given quality, reputation, or other characteristic of the goods is essentially attributable to its geographical origin. The Geographical Indications of Goods (Registration and Protection) Act, 1999 provides for registration and protection of GIs in India.

GI protection is part of intellectual property rights under TRIPS Agreement (Article 22-24). It recognizes the strong linkage between the unique characteristics of a product and its place of origin, which may be due to natural factors (climate, soil) or human factors (traditional knowledge, craftsmanship).

GI vs Trademark vs Certification Mark

Eligible Goods for GI Protection

Under the GI Act, "goods" include agricultural goods, natural goods, manufactured goods, and handicrafts. The goods must have qualities, characteristics, or reputation attributable to their geographical origin.

Categories of GI Goods in India

Criteria for GI Registration

To qualify for GI registration, the goods must have:

• • Specific Quality: Unique characteristics directly linked to geographical origin
• • Reputation: Recognition in market due to geographical origin
• • Characteristics: Distinctive features attributable to the place
• • Natural/Human Factors: Quality due to climate, soil, or traditional methods

Who Can Apply for GI Registration?

Under Section 11 of the GI Act, any association of persons or producers or any organization or authority established by or under the law can apply for GI registration. The applicant must represent the interests of the producers of the concerned goods.

Eligible Applicants

• • Association of persons or producers of the goods
• • Registered cooperative societies or trusts
• • Government departments or authorities
• • Statutory bodies established under law
• • Any organization representing producer interests

Requirements for Applicant

• • Must be from the geographical area specified in the application
• • Must represent interests of producers of the goods
• • Must have authority to bind producers
• • Must be able to regulate use of the GI
• • Must establish GI tag usage rules and inspection structure

Registration Process

The GI registration process involves multiple stages from application preparation to final registration.

Step-by-Step Registration Process

Documents Required

• • Application in Form GI-1 with prescribed fee
• • Statement of case linking product to geographical area
• • Geographical map with boundaries clearly marked
• • Affidavit verifying applicant's authority
• • GI profile with unique characteristics and production process
• • GI tag usage regulations
• • Inspection structure and quality control measures
• • Historical evidence of origin and reputation
• • Power of Attorney (if filed through agent)

Government Fees

Examination and Scrutiny

After filing, the GI application undergoes thorough examination by the Registrar to ensure compliance with statutory requirements.

Examination Process

1. 1. Formal Examination: Check completeness of application and proper classification
2. 2. Substantive Examination: Verify link between product and geographical area
3. 3. Public Consultation: In some cases, local stakeholders may be consulted
4. 4. Expert Opinion: Technical experts may review specialty products
5. 5. Objections (if any): Examination report issued with defects to be remedied

Publication and Opposition

• • Accepted applications are published in the Geographical Indications Journal
• • Opposition can be filed within 3 months of publication
• • Grounds for opposition include: not a GI, conflict with existing GI, contrary to law
• • Opposition procedure similar to trademark opposition
• • If no opposition or opposition resolved in favor, registration proceeds

Registration Certificate

Upon successful registration, the Registrar issues:

• • Certificate of Registration
• • Entry in the Register of Geographical Indications
• • Registration number and date
• • Publication of registration details

Validity and Renewal

GI registration provides protection for a specific period with provision for indefinite renewal.

Duration of Protection

• • Initial registration valid for 10 years from the date of registration
• • Can be renewed for further periods of 10 years each
• • No limit on number of renewals - perpetual protection possible
• • Renewal application must be filed before expiry

Renewal Process

• • File Form GI-4 with prescribed fee (₹3,000)
• • Can be renewed within 6 months before expiry
• • Late renewal possible within 6 months after expiry with additional fee
• • Restoration possible after 6 months but within 1 year with surcharge

GI Infringement and Protection

The GI Act provides robust legal protection against unauthorized use of registered geographical indications.

Acts Constituting Infringement

• • Using the GI on goods that do not originate from the place indicated
• • Using the GI when it conveys false impression of geographical origin
• • Using any translation, transliteration, or deceptively similar indication
• • Using the GI for goods not covered by the registration

Civil Remedies

• • Injunction: Restraining order against infringing use
• • Damages: Compensation for losses suffered
• • Delivery Up: Seizure and destruction of infringing goods
• • Accounts of Profits: Recovery of profits made by infringer

Criminal Penalties

Border Enforcement

Registered GIs can be recorded with Customs authorities to prevent import/export of infringing goods. The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 apply to GIs as well.

Authorized Users

Individual producers in the geographical area can become authorized users of the registered GI, allowing them to use the GI tag on their products.

Who Can Become Authorized User

• • Producers carrying on activity in the geographical area specified in the GI register
• • Must comply with quality standards and production methods
• • Must agree to inspection and quality control requirements
• • Must be engaged in the production of the specific goods covered by the GI

Application Process for Authorized User

1. • Apply in Form GI-3 to the Registrar
2. • Pay prescribed fee (₹500)
3. • Submit affidavit verifying eligibility and compliance with standards
4. • Application endorsed by the registered proprietor (GI holder)
5. • Upon registration, authorized user receives registration certificate

Rights of Authorized Users

• • Exclusive right to use the registered GI on their products
• • Right to use the GI logo/tag as specified
• • Right to take legal action against unauthorized use
• • Benefit from collective reputation and marketing of the GI