Geographical Indications of Goods: How are Goods Protected by GI Act

The Geographical Indications of Goods (Registration and Protection) Act, 1999, often called the G.I. Act, 1999, protects geographical indications of goods. These are special labels that show a product comes from a specific place and has unique qualities, reputation, or features tied to that place. Geographical indications act like a badge that proves where a product comes from, stopping others from wrongly using that label and harming the product’s value. The G.I. Act, 1999 helps by allowing registration of these indications and giving strong legal protection which benefits both the people making the products and the consumers buying them. This article explains geographical indication of goods covering its definitions, processes, rights, and challenges.

Step into the future of legal expertise! Join our Advanced Certification Program in Intellectual Property Law, created by The Legal School in collaboration with Khaitan & Co. Designed for fresh law graduates and professionals, this unique course boosts your legal career. Don’t miss this opportunity—enquire today to secure your spot!

Definition of Geographical Indications of Goods

The Geographical Indication Act 1999, defines a "geographical indication" in Section 2(1)(e) as a label that shows goods such as agricultural products, natural items, or manufactured things come from a specific area, region, or town. The quality, reputation, or special features of these goods must come from their geographical origin. For manufactured goods, at least one step of making, processing, or preparing them must happen in that area.

Under Section 2(1)(f), "goods" include things like farm products, natural items, handmade crafts, industrial products, and food items. This wide range means many products, like teas, spices, textiles, or crafts, can be protected. An "indication" can be words, a map, pictures, or a mix of these that show where the goods come from.

Other important definitions include:

• Producer: Someone who grows, processes, packages, makes, or sells the goods, depending on what kind they are (Section 2(1)(k)).

• Registered Proprietor: A group, producers, organization, or authority listed as the owner of the geographical indication in the official register (Section 2(1)(n)).

• Authorised User: A registered producer allowed to use the geographical indication (Section 2(1)(b)).

These definitions make it clear how geographical indications are different from trademarks or copyrights by focusing on the product’s connection to its place of origin.

Scope and Application of the Act

The G.I. Act, 1999, applies to all of India, including Jammu and Kashmir after its reorganization. It covers goods whose special qualities come from their geographical origin, reflecting India’s rich cultural and agricultural variety. The Act follows international rules, especially Article 22 of the TRIPS Agreement, which requires protection against misleading use of geographical indications.

The Act doesn’t stop unregistered geographical indications from being protected under common law through “passing-off” actions (Section 20). However, registering under the Act gives stronger legal protection, so producers often prefer it to secure their rights.

Read about the role of Patent in Intellectual Property Rights.

Registration of Geographical Indications of Goods

Geographical indication registration under the G.I. Act, 1999, is the only way to protect it. Registration creates an official record and gives exclusive rights to use the indication.

Who Can Apply

Any group of people, producers, or organization/authority that represents producers can apply for registration (Section 11(1)). This open approach lets groups like cooperatives or government bodies protect the interests of their communities.

Procedure for Registration

The registration process starts by filing an application at the Geographical Indications Registry in Chennai or its branches (Section 11). The application must include:

• A statement explaining how the indication connects the goods’ quality to their place of origin.

• Details about the type of goods, a map of the area, how the indication looks, and information about the producers.

• The required fees, with options for applying for multiple types of goods.

The Registrar checks the application to ensure it meets the rules (Section 11(5)-(7)). If approved, it’s published in the Geographical Indications Journal (Section 13). Anyone can object within three months (or four months with an extension), leading to hearings and evidence reviews (Section 14). If there’s no objection or if the objection is resolved in favor of the applicant, the indication is registered, and a certificate is given (Section 16).

Producers who want to be authorised users apply separately under Section 17, following a similar process.

Duration and Renewal

A registered geographical indication lasts for 10 years from the registration date (Section 18(1)). It can be renewed every 10 years by paying a fee. If not renewed, it’s removed from the register, but it can be restored within one year by paying an extra fee (Section 18(4)-(5)).

This clear process ensures only genuine geographical indications get protection, building trust in the system.

Prohibited Geographical Indications of Goods

Not every indication can be registered. Section 9 lists types that are not allowed, including those that:

• Might confuse or mislead people.

• Go against existing laws.

• Are scandalous, offensive, or hurtful to religious feelings.

• Are too common or no longer protected in their home country.

• Falsely suggest a place of origin, even if technically true.

Also, similar names for different goods (called homonymous indications) can be registered only if they don’t mislead consumers and treat producers fairly (Section 10). These rules prevent misuse and keep geographical indications trustworthy.

Rights Conferred by Registration

Registering a geographical indication under the G.I. Act, 1999, gives important rights. The registered proprietor and authorised users get the exclusive right to use the indication for the registered goods (Section 21). This includes the ability to take legal action against misuse, with the registration acting as strong evidence in court (Section 23).

If multiple authorised users have the same or similar indications, they share the rights without excluding each other, but they can still take action against outsiders. Registration also stops others from using similar indications that could deceive customers, increasing the value of authentic products.

Infringement and Penalties

Infringement of geographical indication happens when someone who isn’t authorised uses a registered geographical indication to suggest a false origin or uses it on goods that don’t come from the registered area, causing confusion (Section 22). This includes faking, wrongly applying, or selling infringing goods.

A person aggrieved  of infringement can seek civil remedies like court orders to stop the misuse, damages, or a share of profits (Section 67). Criminal penalties are tough: first-time offenders can face up to two years in jail and fines, while repeat offenders face up to three years (Sections 39-44). Some offences are serious enough for police to arrest without a warrant (Section 50).

These strong measures help stop misuse and protect geographical indications of goods.

Role of the Registrar and Appellate Board

The Registrar of Trademark, who is also the Controller-General of Patents, Designs, and Trade Marks, manages the Geographical Indications Registry and handles applications, checks, and objections (Sections 3-5). The Registrar keeps the Register of Geographical Indications, split into Part A (for indications) and Part B (for authorised users) (Sections 6-7).

If someone disagrees with the Registrar’s decision, they can appeal to the Intellectual Property Appellate Board (IPAB), which has now moved to High Courts after 2021 changes (Section 31). This ensures fairness in how the Act is applied.

Examples of Registered Geographical Indications of Goods

India has a growing number of registered geographical indications, showcasing its cultural heritage. As of 2024-2025, over 650 GIs are registered with more added each year. Given below are 15 examples organized by type of goods and state, based on official records:

These examples show how geographical indications protect iconic products, support local economies, and preserve traditions.

Summary

The Geographical Indications of Goods (Registration and Protection) Act, 1999 has transformed how India protects products tied to specific places. By defining, registering, and enforcing geographical indications, it helps producers, prevents misuse, and builds consumer trust. As India registers more GIs, this law will continue to support the country’s cultural and economic heritage.

Related Posts:

• Violation of Layout Design

• Digital Intellectual Property

• Infringement of Design under the Designs Act, 2000

• Kendrapara Rasabali

• Geographical Indication Infringement Cases

Geographical Indications of Goods: FAQs

Q1. What is GI tag with example?

A GI tag is a label for products tied to a specific place, ensuring their unique quality like Darjeeling Tea from West Bengal.

Q2. Who gives GI tags in India?

The Geographical Indications Registry in Chennai, under the Controller General of Patents, Designs, and Trademarks, grants GI tags.

Q3. What is an example of a geographic indication?

Banarasi Sarees from Uttar Pradesh, known for their intricate silk designs, is a geographic indication.

Q4. Where is the geographic indications of goods located?

The Geographical Indications Registry, which manages GI tags, is located in Chennai, Tamil Nadu.

Q5. How many states have GI tags? 

All 28 states and 8 Union Territories in India have GI-tagged products, totaling 36 regions