What is Meant by Geographical Indications of Goods? Procedure for Registration Explained
A Geographical Indication (GI) refers to a label or sign used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics that are essentially linked to that location. It acts as a certification that the product comes from a particular area and has unique features or qualities due to its natural or human factors.
For example, Darjeeling Tea, Mysore Silk, Kanchipuram Sarees, and Basmati Rice are popular goods with GI tags. Each of these products reflects the distinctive identity of the place they come from. The Geographical Indications of Goods (Registration and Protection) Act, 1999 governs the registration and protection of GI tags in India.
Purpose and Importance
Geographical Indications help preserve traditional knowledge, ensure product authenticity, and protect the cultural heritage of communities. When used properly, they also support rural economies by allowing local producers to earn recognition and premium prices in the market.
Unlike trademarks, which belong to individuals or companies, a GI belongs to the community of producers from a specific region. It cannot be assigned, licensed, or transferred, making it a collective intellectual property right.
Procedure for Registration of Geographical Indications
The process of GI registration involves a series of clearly defined steps. Here’s how applicants can secure a GI tag in India:
1. Application Submission
Any association of persons, producers, or an organization representing the interests of the producers can apply. The application must be filed with the Geographical Indications Registry, located in Chennai. It should include:
- A statement of the goods and their characteristics
- Geographical map of the region
- Method of production and historical records
- Proof of uniqueness and linkage to the location
2. Preliminary Scrutiny
The Registrar examines the application for completeness and compliance with legal requirements. If needed, they may request additional documents or clarification.
3. Examination
After the scrutiny, the application goes through a more detailed examination. The Registrar checks whether the proposed GI meets all legal definitions and whether it overlaps with any existing rights.
4. Publication in GI Journal
If the application clears examination, the details are published in the Geographical Indications Journal. This step allows the public to file objections, if any, within three months.
5. Opposition (if any)
If someone opposes the registration, both parties must present their cases. The Registrar will hear both sides and pass a decision.
6. Registration
If no opposition arises or the opposition is resolved in the applicant’s favor, the GI is registered, and a certificate of registration is issued.
7. Renewal
A GI registration is valid for ten years. It can be renewed indefinitely every ten years by filing the required form and paying the prescribed fee.
