- It is an indication
- It originates from a definite geographical territory.
- It is used to identify agricultural, natural or manufactured goods
- The manufactured goods should be produced or processed or prepared in that territory.
- It should have a special quality or reputation or other characteristics
Examples of possible Indian Geographical Indications.
- Basmati Rice
- Darjeeling Tea
- Kanchipuram silk saree
- Nagpur orange
- Kolhapuri chappal
- Bikaneri bhujia
- Agra petha
Benefit of registration of geographical indications
- It confers legal protection to Geographical Indications in India
- Prevents unauthorised use of a Registered Geographical Indication by others
- It provides legal protection to Indian Geographical Indications which in turn boost exports.
- It promotes economic prosperity of producers of goods produced in a geographical territory.
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
- 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.
Who can Apply
- Any association of persons, producers, organisation or authority established by or under the law can apply.
- The applicant must represent the interest of the producers
- The application should be in writing in the prescribed form
- The application should be addressed to the Registrar of Geographical Indications along with prescribed fee.
Who is a registered proprietor of a geographical indication?
- Any association of persons, producers, organisation or authority established by or under the law can be a registered proprietor.
- Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for.
- A producer of goods can apply for registration as an authorised user
- It must be in respect of a registered geographical indication
- He should apply in writing in the prescribed form alongwith prescribed fee
Who is a producer in relation to a Geographical Indication?
- The persons dealing with three categories of goods are covered under the term Producer:
- Agricultural Goods includes the production, processing, trading or dealing
- Natural Goods includes exploiting, trading or dealing
- Handicrafts or Industrial goods includes making, manufacturing, trading or dealing.