Geographical indications (GIs) identify goods as originating from a specific region or locality where a quality, reputation, or characteristic of the good is essentially attributable to its geographical origin. The Geographical Indications of Goods (Registration and Protection) Act defines a GI as an indication that identifies goods originating in a territory where a given quality is attributable to geographical origin. GIs apply to agricultural, natural, handicraft, and manufactured goods. Common examples include Darjeeling tea, Coimbatore wet grinder, and Mysore agarbatti. The registration process involves filing an online application, preliminary examination, publication for opposition, and registration if accepted. Offences under the Act include falsifying or falsely applying a GI without
2. 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
The manufactured goods should be produced or processed or prepared in
that territory.
It should have a special quality or reputation or other characteristics
3. The Geographical Indications of Goods (Registration and Protection)
Act, 1999 (GI Act), in Section 2(e), defines the term “geographical
indication” as –
“An indication which identifies such goods as agricultural goods, natural
goods or manufactured goods as originating, or manufactured in the
territory of a country, or a region or locality in that territory, where a given
quality, reputation or other characteristic of such goods is essentially
attributable to its geographical origin and in case where such goods are
manufactured goods one of the activities of either the production or of
processing or preparation of the goods concerned takes place in such
territory, region or locality, as the case may be.”
9. Handicraft Goods
Salem Fabric
Chanderi Sarees
Chaddarhandicraft
Terry Towel
Kota Doria
Kancheepuram Silk
Madurai Sungudi
Orissa Ikat
10. Registration process
1. Online filing of application :
1. To file an online application, visit
https://ipindiaonline.gov.in/eGIR/Login/LoginNew.aspx.
2. The applicants need to first check whether the indication comes within
the ambit of the definition of a Gl under section 2(1)(e).
3. The applicant must have an address for service in India. Generally,
application can be filed by (1) a legal practitioner (2) a registered agent.
2. Track the status of application: The status of all GI applications in India can
be accessed at http://ipindiaservices.gov.in/GirPublic/
3. Preliminary scrutiny and examination will be done by Examiners.
11. 4.Every application, within three moths of acceptance shall be
published in the Geographical Indications Journal. Any person can
file a notice of opposition within three months (extendable by
another month on request which has to be filed before three
months) opposing the GI application published in the Journal.
5.Where an application for a GI has been accepted, the registrar shall
register the geographical indication. If registered the date of filing
of the application shall be deemed to be the date of registration.
13. Offences
Falsification with respect to a GI means ‘ the act of making a GI or
deceptively similar GI, or changing a genuine GI by alteration,
addition, effacement or otherwise, without the consent of the
authorised user of the GI’.
False application of GI means ‘ application of a GI or deceptively
similar GI to goods/ package containing the goods or use of the
package bearing a identical/deceptively similar GI for the purpose
of packing, filing or wrapping therein any goods other than the
genuine goods of the authorised user of the GI without the consent
of authorised user’
14. Penalty
Falsifying and Falsely Applying Geographical Indications
Penalty for Applying False Geographical Indications
Penalty for Selling Goods to which False Geographical Indication is
Applied
Enhanced Penalty on Second or Subsequent Conviction
Penalty for Falsely Representing a Geographical Indication as Registered
Penalty for Improperly Describing a Place of Business as Connected with
the Geographical Indications Registry
Penalty for Falsification of Entries in the Register
No Offence in Certain Cases