Registration of Geographical Indication (GI) under the Geographical Indications of Goods (Registration and Protection) Act, 1999, and the GI Rules, 2002

[YAGAY andSUN]

A Geographical Indication (GI) is a name or sign used on products that correspond to a specific geographical location or origin, which can indicate that the product has qualities or enjoys a reputation due to that location. Examples include Darjeeling Tea, Kanjeevaram Silk, Mysore Silk, and Basmati Rice.

In India, the process of registering a Geographical Indication (GI) is governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002.

Steps for GI Registration Process in India:

Step 1: Determine the Eligibility

• Eligibility: A product must meet certain criteria:
  • The product must be associated with a specific geographical location.
  • The quality or reputation of the product must be linked to its geographical origin.
  • The product must be produced, processed, or prepared in the specific region.

Step 2: Application Filing

• Who Can Apply: Only authorized users or organizations representing the producers can file an application. This includes associations or cooperatives of producers, manufacturers, or any legal entity representing the interests of such people.
• Documents Required:
  • Name of the GI: The name of the product for which GI protection is sought.
  • Geographical Area: The region where the product is produced.
  • Description of the Product: A detailed description explaining how the product is produced, processed, or prepared.
  • Proof of Reputation: Evidence to demonstrate that the product has qualities or a reputation tied to its geographical origin.
  • GI Logo: If desired, applicants can propose a logo representing the GI.
• Where to File: The application is filed with the Geographical Indications Registry, located in Chennai, India.

Step 3: Examination of the Application

• Purpose: The application is examined to check if it meets the requirements of the Geographical Indications of Goods Act, 1999.
  • The Registrar of GI may request additional information or clarification.
  • The GI registry ensures that the geographical link between the product and the region is valid and genuine.

Step 4: Advertisement of Application

• Purpose: Once the application is accepted, it is published in the Geographical Indications Journal to invite objections from any interested parties.
• What Happens: The advertisement allows other stakeholders or individuals to raise objections if they believe the GI is not valid or infringes upon their rights.
  • If there is no opposition, the registration process continues.

Step 5: Opposition (if any)

• Purpose: If an opposition is filed against the registration, the applicant must respond to it.
• What Happens: A hearing is scheduled, and both parties present their case. The GI Registrar will issue a decision after reviewing the opposition and the evidence provided.

Step 6: Registration of the Geographical Indication

• Purpose: If no opposition is filed or the opposition is dismissed, the product is registered as a GI.
• What Happens: The Registrar will issue a Certificate of Registration, granting legal protection and exclusive rights to use the GI name to the registered group or association.
  • The registered GI will have a unique registration number.

Step 7: Monitoring and Enforcement

• Purpose: Once a GI is registered, it is essential to monitor its use to prevent misuse or infringement by unauthorized parties.
• What Happens: The GI holder has the right to take legal action against those who misuse the registered GI or try to sell goods under that GI without proper authorization.

Step 8: Renewal of GI Registration

• Validity: A GI registration in India is valid for 10 years.
• What Happens: After 10 years, the registration can be renewed indefinitely for further periods of 10 years, provided the conditions of use and compliance are met.

Flowchart of the GI Registration Process in India

+-----------------------------+

| Step 1: Eligibility Check   |

| - Verify product's connection|

|   to a specific geographical |

|   location and reputation.   |

+-----------------------------+

|

v

+-----------------------------+

| Step 2: Filing the Application|

| - Submit necessary documents |

|   to the GI Registry.        |

+-----------------------------+

|

v

+-----------------------------+

| Step 3: Examination of the   |

| Application                  |

| - Review by the GI Registry  |

|   for completeness and       |

|   compliance.                |

+-----------------------------+

|

v

+-----------------------------+

| Step 4: Advertisement in the |

| Geographical Indications     |

| Journal                      |

| - Invite objections from the |

|   public and interested      |

|   parties.                   |

+-----------------------------+

|

v

+-----------------------------+

| Step 5: Opposition (if any)  |

| - Respond to objections and  |

|   attend hearings.           |

+-----------------------------+

|

v

+-----------------------------+

| Step 6: Registration of GI   |

| - Issue Certificate of       |

|   Registration to the        |

|   applicant.                 |

+-----------------------------+

|

v

+-----------------------------+

| Step 7: Monitoring and       |

| Enforcement                  |

| - Prevent misuse and         |

|   protect the GI rights.     |

+-----------------------------+

|

v

+-----------------------------+

| Step 8: Renewal (every 10    |

| years)                       |

| - Ensure continued protection|

|   of the GI.                 |

+-----------------------------+

Key Points to Remember:

• Collective Ownership: Unlike a trademark, a GI is owned collectively by the producers in the defined geographical area.
• Infringement: Unauthorized use of a registered GI can lead to legal action for infringement.
• International Protection: India is a signatory to the World Trade Organization’s (WTO) TRIPS Agreement and provides protection to GIs at the international level through the Madrid System and Lisbon Agreement.

Conclusion:

The process for registering a GI in India ensures that products with a specific regional identity and reputation receive legal protection. By following these steps, producers and communities can safeguard their traditional products from misuse and create economic benefits from their unique heritage.