What is a Geographical Indication?
– A Geographical Indication is a specific identity that originates from a particular Geographical territory. This is tagged to agricultural, natural, or manufactured goods which have been produced or prepared in that particular territory and possess a special or unique quality or reputation.
Examples of possible Indian Geographical Indication
– some of the registered GIs in India are Darjeeling Tea, Lucknow Chikan Handicraft, Tejpatta from Uttarakhand, Peda from Mathura, etc.
Benefits of registration under Geographical Indication
–registration under GI provides legal protection against unauthorized use by others. It also boosts exports leading to improvement of economic conditions of producers and manufacturers.
Who can apply for registration?
– Any association, person, or organization who represent the interests of the producers can apply for registration. This must be done in writing in the prescribed form to the Registrar of the Geographical Indications along with the prescribed fees. Once registered, the proprietor can start selling the goods under the GI stamp. The user is also known as an authorized user.
What is the length of validity of the Geographical Indication?
– the Geographical Indication is valid for a period of 10 years post which it can be reviewed and renewed for another period of 10 years and thereafter. If the registration is not renewed, it ceases to be under the protection of law.
How can an infringement occur?
– when a registered Geographical Indication is used by a person or agency that is not authorized to use such Indication mainly to pass off another product in competition or engaging in false representation, an infringement is said to have occurred. In such a case, the registered authorized user can initiate infringement action.
Transfer and assignment
– a registered Geographical Indication cannot be transferred or assigned to any person or agency except for a legal successor in title of an authorized user only in the event of death.
Removal from the Register
– a registered Geographical Indication can be removed from the register by the Appellate Board or the Registrar of Geographical Indications.
Since September 2003, as many as 295 products have been registered as Geographical Indications as per the records of the Indian Geographical Indication Website. This practice will only improve the scalability of the numerous unique products that India produces amongst its numerous and diverse cultures.