Geographical Indication

Geographical Indication

Subject: Science and Technology

Section: Intellectual Property rights

Context:

The first editions of India GI Fair, Khilona-India Toys & Games Fair, Maa Shishu and STEM Confex being held concurrently from 26th to 28th August 2022 at India Expo Centre & Mart

Concept:

What is a Geographical Indication?

• It is an indication
• It originates from a definite geographical territory.
• It is used to identify agricultural, natural or manufactured goods
• It is an insignia on products having a unique geographical origin and evolution over centuries with regard to its special quality or reputed attributes.
• It is a mark of authenticity and ensures that registered authorized users or at least those residing inside the geographic territory are allowed to use the popular product names.
• GI tag in India is governed by Geographical Indications of Goods (Registration & Protection) Act, 1999. It is issued by the Geographical Indications Registry (Chennai).

What is the 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 promotes economic prosperity of producers of goods produced in a geographical territory.

What 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.

1. the use of which would be likely to deceive or cause confusion; or
2. the use of which would be contrary to any law for the time being in force; or
3. which comprises or contains scandalous or obscene matter; or
4. 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
5. which would otherwise be dismantled to protection in a court; or
6. 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
7. 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.

How long the registration of Geographical Indication is valid?

• The registration of a geographical indication is valid for a period of 10 years
• It can be renewed from time to time for further period of 10 years each.