GI protects unique products with a specific geographical origin. Their quality, reputation, or traits must be linked to that origin. GI assures that products marked with certain regions are protected from misuse. This ensures the rights of local producers and boosts the region's economy.

What is a Geographical Indication?

A Geographical Indication is a name or sign used on goods that have an origin in that geographical region, and such a name or sign possesses distinct qualities, or a reputation, by reason of that origin. The list includes Darjeeling Tea, Kashmiri Pashmina, Alibaug Coconut, and Tanjore Paintings. These goods are special due to their origin. Their quality is often thought to come from the local environment or age-old traditions.

Importance of GI Registration

GI is among the most important types of intellectual property. Here is why registration of GI is important:

• Economic Benefits: GI registration protects the producer from any unwanted usage and appropriation of their product. It makes the product unique. This increases its value and market recognition.

• Protection Against Misuse: The GI registration forms an instrument of legal right, which permits the owner to forbid the use by others of the name or sign that falsely indicates a geographical origin.

• Cultural Preservation: GI status often helps in the preservation of traditional practices, knowledge, and regional specialities, promoting cultural heritage.

• Boosting Local Economy: GI recognition can boost sales and expand markets. This will benefit local communities and improve their livelihoods.

• International Recognition: A GI registration can globally recognise a product's authenticity. This is crucial in international trade.

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Geographical Indication Registration Process

Registering a Geographical Indication (GI) in India starts with an application. It ends with the registration and renewal. The following details the different steps, the documents needed, and the legal requirements that follow:

STEP 1: Filing of Application

Eligibility Check:

• Before making an application, determine if the indication meets the criteria set out in Section 2(1)(e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999: sections it lays down for a Geographical Indication

Representation: 

• The association of persons, producers, or any organization (like a cooperative or society) representing the interest of the producers must file the application. The applicant must provide an affidavit claiming that they represent the interest of the producers of the concerned goods.

Documents to Submit:

1. Triplicate Applications: The application should be submitted in three copies.

2. Statement of Case: A detailed explanation of the application, describing the product's qualities, reputation, and geographical origin.

3. Special Features: Information regarding special features of the product and how these qualities are sustained (such as climate, traditional modes of production)

4. Region map: Three certified copies of the region map showing the particular region to which the GI corresponds

5. Details of Inspection Structure: If such an inspection or regulatory body exists that oversees the use of the GI, details of the structure should be furnished.

6. Applicant Information: The name and address of all applicants should be provided. If there are many producers, a collective reference can be given. The GI, if registered, shall represent their collective character.

Submission Address:

• Geographical Indications Registry Intellectual Property Office Building, Industrial Estate, G.S.T. Road, Guindy, Chennai – 600 032

• Phone: 044 – 22502091-93 & 98

• Fax: 044 – 22502090

• Email: gir-ipo[at]nic[dot]in

• Website: ipindia.gov.in

Note: The applicant must have an address for service in India. Applications can be made by A legal practitioner or A registered agent

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STEP 2 & 3: Preliminary Scrutiny and Examination

Preliminary Scrutiny:

• The Geographical Indications Registry will scrutinize the application for any deficiencies or errors. The applicant is required to remedy any issues within one month of being notified.

Examination of the Statement of Case:

• A consultative group of experts will evaluate the contents of the statement of case, notably checking whether details given are correct (specific features, map, inspection structure, etc.).

Examination Report:

• A report shall be prepared. It will summarize findings and recommend fixes or more information as needed.

STEP 4: Show Cause Notice

Objection by the Registrar:

• If the Registrar has objections to the application, he shall serve a show-cause notice indicating the reasons for objections.

Application Response

• The applicant will respond to the notice issued within two months or appeal for a hearing on objections.

Decision and Appeal:

• The decision by the Registrar will be communicated to the applicant. The applicant is at liberty to appeal within one month after being served with the decision.

• If the application was accepted in error, the Registrar may withdraw the application after giving the applicant a chance to be heard.

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STEP 5: Publication in the Geographical Indications Journal

Publication in GI Journal:

• Once an application is accepted, the application will be published in the Geographical Indications Journal within three months.

• The publication allows for openness and offers the public a chance to oppose the registration.

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STEP 6: Opposition to Registration

Filing an Opposition:

• Any person shall have the right to oppose the registration within three months from the publication in the GI Journal. The same period may be extended for one month, but the request made must be done prior to the lapse of the initial three months.

Counter-Statement:

• Upon receiving an opposition, the applicant shall, within two months, present a counter-statement. If the applicant fails to submit it, the application shall be deemed abandoned.

Evidence and Hearing:

• Both parties, the applicant and the opponent, will have to produce evidence in the form of affidavits and supporting documents.

• A date for the hearing will be fixed once evidence is received.

STEP 7: Registration

Acceptance of Application:

• In case no opposition has been filed or the opposition was dismissed and favor was given to the applicant, then GI will be registered.

Issuance of Certificate:

• The Geographical Indications Registry will issue a certificate to the applicant with the official seal. The date of filing will be considered the date of registration.

STEP 8: Renewal

Validity Period:

• A registered GI is valid for 10 years from the date of registration.

Renewal:

• You can renew the GI by submitting a renewal application and fee. This will protect it for another 10 years.

STEP 9: Additional Protection for Notified Goods

Additional Protection:

• The GI Act offers extra protection for specific goods notified by the central government. 

• A joint application from the registered proprietor and all GI producers is needed to apply for such protection.

STEP 10: Appeal

Appeal against the Registrar's Decision:

• A person can appeal to the IPAB within three months if any decision by the Registrar distresses them.

IPAB Address:

• Intellectual Property Appellate Board (IPAB) Annexe 1, 2nd Floor, Guna Complex, 443, Anna Salai, Chennai – 600 018

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Indications Not Registrable

Section 9 of the GI Act, 1999 outlines several reasons why an indication may not be registrable:

1. Deceptive or Confusing: Indications that are likely to deceive or confuse consumers.

2. Contrary to Law: Indications that violate any existing law.

3. Obscene or Scandalous Matter: Indications that contain offensive or scandalous content.

4. Religious Sensitivities: Indications that could offend religious or cultural sentiments.

5. Generic Terms: Indications which have become generic (e.g., terms like "Champagne" used for any sparkling wine) or do not anymore represent their actual geographical origin.

6. False Representation: Claims that goods are from a different place, even if true for their origin.

Learn the Key Differences between GI & Trademarks

Affidavits and Inspection of Documents

• Affidavits: The applicants or producers must file affidavits following the rules of the Act. They must be duly sworn and certified if taken outside India.

• Inspection of Documents: The GI Registry offers public inspection of certain documents filed in the course of an application.

Also, Learn How to deal with GI Infringement

Summing Up

Registering a Geographical Indication is vital. It protects the unique identity of products linked to specific regions. It boosts the economy and culture. It promotes regional specialities, preserves traditional knowledge, and protects local artisans from unfair competition. Countries like India now see the value of GIs. Producers should use this legal tool to ensure their products' authenticity and market edge.

A good legal framework and strong enforcement will make GI registration a great tool. It will help to value products while protecting their unique qualities for future generations.

Geographical Indication Registration: FAQs

Q1. What is Geographical Indication (GI)?

GI is a sign given to products that originate from a specific region, qualities or reputation being linked to that place.

Q2. How do I file for GI registration in India?

Apply by filing the requisite documents, such as an affidavit representing the interest of producers and a map of the region.

Q3. What is the registration fee for GI?

Fees depend on the application type and area. They are on the IP Office website, along with current info.

Q4. What happens if my GI application is opposed?

You can submit a counter-statement, adduce evidence, and appear at the hearing in defense of your application.

Q5. How long does a registered GI last?

A registered GI remains in force for 10 years and may be renewed by paying the renewal fee.