GEOGRAPHICAL INDICATION: Definition:Any indication that identifies a product as originating from a particular place where a given quality , reputation or other characteristics of the product are essentially attributable to its geographical origin(TRIPS).

1. Presented by,
M.GANESH
A.S.AJEESH
FCRI , Mettupalayam
DISPUTES BETWEEN INDIA AND OTHER
COUNTRIES IN GEOGRAPHICAL INDICATION

2. IPR
SUI-GENERIS
GEOGRAPHICAL INDICATION

3. PROTECTION OF GI INTERNATIONALLY
 Paris Convention (1883):False indication
 Madrid Agreement (1891) :False and deceptive
indication
 Lisbon Agreement (1958):Define appellation of
origin
 TRIPS Agreement (1994) :First International
treaty bound to protect GIs and to enforce its
application

4. HISTORY
TRIPS-1994 by WTO
India-A signatory of TRIPS in 1994
India enacted The Geographical Indications of Goods
(Registration and Protection)Act, 1999 (GI Act)
OBJECTIVE:
GI tag ensures that none other than those registered as authorized users
(or at least those residing inside the geographic territory) are allowed to use
the popular product name.

5. DEFINITION OF GEOGRAPHICAL
INDICATION
Any indication that identifies a product as
originating from a particular place where a given
quality , reputation or other characteristics of the
product are essentially attributable to its
geographical origin(TRIPS).

6. BASE OF GEOGRAPHICAL
INDICATIONS
Name of country region or locality (Darjeeling Tea)
Any name which relates to a specific geographical
area and is used upon or in relation to particular goods
originating from that country region or locality(Basmati
rice).
Goods - Agricultural, Natural , Manufactured,
Handicrafts , Industrial products, Food stuffs etc.

7. TRADEMARK VS GI
TRADEMARK
1)They identify a good or service
as originating from a particular
company.
2)A trademark often consists of a
fanciful or arbitrary sign that may
be used by its owner or another
person authorized to do so.
3)A trademark can be assigned or
licensed to anyone, anywhere in
the world, because it is linked to a
specific company and not to a
particular place.
GI
1)Geographical indications identify
a good as originating from a
particular place.
2)the sign used to denote a GI
usually corresponds to the name of
the place of origin of the good, or to
the name by which the good is
known in that place.
3)A GI cannot be assigned or
licensed to someone outside that
place or not belonging to the group
of authorized producers.

8. NUMBER OF ITEMS REGISTERED WITH
GI IN INDIA-TILL DATE
 Agriculture based-78
 Manufactured based-17
 Handicrafts-164
 Food stuff-7
 Textile-6
TOTAL-272 Items
In Tamilnadu-27 items got GI (5 Agri).

9. SOME FAMOUS GI PRODUCTS
 Basmati- 5 states
 Mysore silk-Karnataka
 Kancheepuram Silk-Tamil Nadu
 Coimbatore Wet Grinder-Tamil Nadu
 Darjeeling Tea (word & logo)-West Bengal
 Toda Embroidery-Tamil Nadu
 Dindigul Lock-Tamil Nadu

10. PRODUCTS UNDER DISPUTES
1)Basmati rice
-India vs America
-India vs Pakistan
2)Pashmina wool
-India vs Pakistan

11. BASMATI RICE
 In 1997, an American company RiceTec Inc, got patent for
BASMATI.
 Enter the international Basmati market with brands like
'Kasmati' and 'Texmati‘.
 India lose out on the 45,000 tonne US import market, which
forms 10 percent of the total Basmati exports.
 "Patenting Basmati in the US is like snatching away our
history and culture.“(the Indian economic times,2013).
INDIA VS AMERICA

12. INDIAN GOVERNMENT RESPONSE
 India approached the US patent office
and urged them to re-examine the patent to
a United States firm.
 Formed a high level inter-ministerial group comprising
of representatives from CSIR,AIREA,APEDA,ICAR-to begin
an in-depth examination of the case.
 The law firm representing India in the dispute, Sagar and Suri,
criticized the procedures for granting patents in the US
claiming it is diametrically opposite to the one followed in India
and Europe.
 RiceTec lost or withdrew most of the claims of the patent,
including, most importantly, the right to call their rice lines
"basmati

13. INDIA VS PAKISTAN-BASMATI
 After APEDA's application was advertised in the GI
journal in May 2010, BGA served it a notice
 Lahore based Basmati Growers Association (BGA)
had moved IPAB challenging the APEDA application
seeking GI tag for basmati rice.
 IPAB rejected the arguments saying BGA had
"miserably failed" to comply with the rules.
 So the registry rejected the
opposition as `abandoned' on
December 31, 2013(TIMES OF
INDIA,2013).

14. INDIA VS PAKISTAN-PASHMINA SHAWL
 Pashmina is a textile which became popular in the
West in the late 1990s. It is very soft and warm, and
used primarily in scarves and shawls.
 The dispute surfaced when the Srinagar-based
Craft Development Institute filed an application with
the Geographical Indications Registry in Chennai
for Pashmina.

15.  The Rawalpindi Chamber of Commerce and
Industry immediately challenged this on grounds that
Pashmina shawls are also woven in Pakistan`s Gilgit-Baltistan
region and that India could not solely claim the GI right.
 The chamber filed a complaint in 2007 with the registry.
 Pakistan is reportedly ready to accept a joint GI tag over the
Kashmiri shawl.(DAWN,2008)
 But there are no provisions for joint GI tag(Neither TRIPS nor
indian legislation).
PAKISTAN APPEAL

16. CONCLUSION
 The lack of a multilateral system of notification and
registration for products like Darjeeling Tea which is
available for wines and spirits, is jeopardizing the
international protection that would offer adequate
protection.
 It is there important for India is to seek extension of
GI protection to other products by amending Article
23 of the TRIPS.

17. REFERENCES:
1)Www.niscair.res.in/sciencecommunication/Research
Journals/rejour/jipr/Fulltextsearch/2004/January
2)https://spicyip.com/2015/08/guestpostgeographicalin
dicationsinindiaandbeyond.html
3) http://www.wipo.int/geo_indications/
4)https://en.wikipedia.org/wiki/List_of_Geographical_In
dications_in_India
5)http://timesofindia.indiatimes.com/business/indiabusi
ness/PaklosesGeographicalIndicationbidforBasmatirice
beforeChennaiappellate/articlesho…