What is a geographical indication? Conceptual analysis and its evolution, laws-international and national for its protection, problems and challenges along with case studies and empirical study conducted within the state of Kerala.

1. GEOGRAPHICAL INDICATIONS-
INTERNATIONAL & NATIONAL
PERSPECTIVE WITH SPECIAL
REFERENCE TO KERALA
BY
VIDYA MENON
ROLL NO:742
LLM -TRADE AND
INVESTMENT LAW

2. OVERVIEW
 CHAPTER 1- INTRODUCTION
 CHAPTER 2- CONCEPTUAL ANALYSIS AND
EVOLUTION OF GEOGRAPHICAL INDICATIONS
 CHAPTER 3-PROTECTION OF GEOGRAPHICAL
INDICATION- AN INTERNATIONAL & NATIONAL
PERSPECTIVE
 CHAPTER 4-PROBLEMS & CHALLENGES OF GIs
IN INDIA IN THE LIGHT OF CASE STUDIES
 CHAPTER 5-GEOGRAPHICAL INDICATIONS IN
KERALA- AN EMPERICAL STUDY
 CHAPTER 6- CONCLUSIONS & SUGGESTIONS

3. STATEMENT OF PURPOSE
 This paper examines the scope of legal provisions at the
international and national level, specifically the TRIPS and The
Geographical Indications of Goods (Registration and Protection)
Act, 1999 so as to point out the lacunas and inefficiency in the
prevailing laws relating to the protection of geographical
indications.
 Further, it analyses the problems and issues pertaining to the proper
enforcement of laws particularly within the State of Kerala so as to
suggest measures for improvement of the prevailing conditions
ensuring higher level of protection to G.Is.

4. STATEMENT OF PROBLEM
 The benefits of G.I such as brand recognition, exposure,
increase in sale do not percolate down to the people who
are actually involved in the production or manufacture
of the product.
 Lack of awareness among the people as well as the law
enforcement officers about G.I and its prospects.
 Higher cost of production results in higher price for the
product.
 Lack of decent pay force people to hunt for jobs that
fetch better income.

5. RESEARCH OBJECTIVES
 To analyse the concept and scope of geographical indications.
 To trace out the evolution of geographical indications and
their legal protection.
 To examine and discuss the protection of geographical
indications at the international and national level along with
the recent WTO negotiations on improving protection for
geographical indications.
 To identify and assess the problems and challenges of G.I in
India in the light of case studies.
 To study and explore various geographical indications within
the State of Kerala.
 To recommend and suggest measures to bring about
improvements to the field of geographical indications in
India.

6. RESEARCH QUESTIONS
 What is a G.I? For what type of products can G.I be used? Why is here a need for
the protection of G.I?
 How did the concept of G.I evolve? What were the legal measures to protect G.I
before the enactment of TRIPS?
 How is G.I protected internationally? What are the salient features of Art 22 and 23
of TRIPS? Whether there exist any inadequacies in Art 22 of TRIPS? If yes, what
are they? And how can the same be remedied? What are the recent WTO
negotiations in relation to improving protection for geographical indication?
 What is the law governing G.Is in India? What are the salient features of the Act?
What are the steps and procedures involved in registration of a G.I? Whether
registration is mandatory? If yes, explain. If no, justify. What are the benefits of
registration?
 What are the prospects and challenges of G.I in India? When is a registered G.I said
to be infringed? What there exists any legal provisions against infringement? If yes,
what are they?
 What are the products for which G.I has been obtained within the State of Kerala?
What are the problems and challenges faced by the Keralites in relation to
registration of G.I? What are the prospective products in line for G.I registration in
Kerala?
 Whether the enforcement of post G.I measures has been successful? If yes, justify. If
no, what are the inadequacies and how can the same be remedied? Whether any
measures can be adopted by the government/voluntary organisations in promoting
awareness of G.I and its registration? If yes, what are they?

7. HYPOTHESIS
1. The benefits of G.I tag accrue more in favour of
big traders and intermediaries.
2. Proper guidance and awareness programmes can
positively affect the enforcement of laws
3. Provision for decent pay can enhance the number
of people engaged in farming, weaving and
manufacturing processes, preserving the
production/manufacture of the traditional G.I
products.

8. RESEARCH METHODOLOGY
 The methodology adopted in this study is
Empirical and the Researcher has used Analytical
method for completing the Research.
 The subject has been analysed in the light of
various provisions under the Conventions,
Treaties and Agreements administered by WIPO,
statutory provisions and judicial pronouncement.
Various books, journals, magazines and websites
have been referred for the collection of the data.
 Further, the researcher used questionnaire and
interviews as data collection methods for the
empirical study.

9. GEOGRAPHICAL INDICATION- THE
CONCEPT
 A geographical indication is basically
 a sign or a symbol
 used on products that have a specific
geographical origin &
 possess such features or qualities or reputation
that are due to that place of origin.
 Since the quality or characteristics is dependent
on the geographical place of production, there is
a direct link between the product and the region

10. DEFINITION-TRIPS
 Article 22 (1), TRIPS “indications which identify a good
as originating in the territory of a Member or a region
or locality in that territory, where a given quality,
reputation or other characteristic of the good is
essentially attributable to its geographical origin”
 As such to qualify for protection as geographical
indication, an indication must:
 Identify the goods and its area of geographical origin
 Possess a given quality, reputation or other
characteristics, which
 Is essentially attributable to its area of geographical
origin

11. DEFINITION -THE GEOGRAPHICAL
INDICATIONS OF GOODS (REGISTRATION
AND PROTECTION) ACT, 1999
 Sec 1(e), “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.”

12. TYPE OF PRODUCTS FOR WHICH G.I
CAN BE USED
 Section 2(f), G.I ACT 1999 defines “goods” to mean
any:
 agricultural goods;
 natural goods;
 manufactured goods or;
 any goods of handicraft or of industry and foodstuff
64%
26%
8% 2%
Handicrafts
Agricultural
Manufactured
Foodstuffs

13. EXAMPLES OF GI
National Level
•Kancheepuram Silk
•Madhubani paintings
•Alleppey Coir
•Malabar Pepper
•Blue Pottery of Jaipur
•Kashmir Pashmina
•Bikaneri Bhujiya
•Agra Petha
International level
•Roquefort Cheese
•Darjeeling Tea
•Bordeaux wine
•Idaho potatoes
•Jamaica Blue Mountain
Coffee
•Champagne
•Tequila

14. PURPOSE OF GI REGISTRATION
 Confers legal protection.
 Prevents unauthorized use of a Registered Geographical
Indication by others.
 Promotes economic prosperity of producers of goods
produced in a geographical territory.
 Excellent tool for the regional or community based economic
development.
 Protection of Traditional Knowledge& community rights.
 Boosts the export.
 Serve as source identifiers for consumers. Helps producers
develop consumer loyalty.
 Helps the consumers to associate a level of quality with the
product.

15. EVOLUTION OF LEGAL PROTECTION
SYSTEM OF GEOGRAPHICAL
INDICATIONS
 At global level, prior to TRIPS, no multilateral agreement dealing
with the protection of GIs as such.
 Indication of source
 Paris Convention (1883): Protection against False
indication.
 Madrid Agreement (1891): False and deceptive
indication.
 Appellation of origin
 Lisbon Agreement (1958): Provided protection of
appellation of origin and their international registration.
 Geographical Indications
 TRIPS Agreement (1994): First International treaty
bound to protect GIs and to enforce its application.

16. SCOPE OF THREE LEGAL CONCEPTS
 INDICATION OF SOURCE
 Any symbol or geographical
name
 Not conditional on link between
geographical origin and product
characteristics
 APPELLATION OF ORIGIN
 Only geographical names (not
other symbols)
 Conditional on link between
geographical origin and
quality/other characteristics (not
reputation) of the product.
 GEOGRAPHICAL
INDICATION
Any symbol or geographical
name
Conditional on link between
geographical origin and
quality/reputation/other
characteristics of the product.

17. PROTECTION OF GIs –AN
INTERNATIONAL PERSPECTIVE
ARTICLE 22
G.Is in general
ARTICLE 23
Wines and Spirits
ARTICLE 24
International
Negotiations;
Exceptions
TRIPS

18. SALIENT FEATURES OF ARTICLE 22,
23
• TRIPS provides for a two-level system of protection
for G.Is
ARTICLE 22
 Applicable to all G.Is irrespective of product categories.
 Conditional protection: Aims at preventing misuse of
G.Is only when it is likely to mislead the public as to
true place of origin of the product or constitutes an act of
unfair competition.
ARTICLE 23
 Applicable only for G.Is designating wines and spirits.
 Unconditional protection :Protection is not conditional
on whether the public is misled or whether the misuse
constitutes an act of unfair competition.

19. ONGOING DEBATE AT WTO
 Extension of scope of Art 23 to include all categories of
products.
 Countries opposing extension: Uruguay, Chile, Australia,
New Zealand, Guatemala, Canada and Argentina
 Countries in favour of extension: India, Kenya, Bulgaria,
China, Pakistan, Sri Lanka ,Switzerland, Czech Republic,
Thailand and Turkey
 The issue constituted an essential part of the ‘Doha Work
Programme, 2001’.
 However on account of varied perspectives among the
WTO members, not much development has been attained
in the negotiations as yet.

20. PROTECTION OF GIs- A NATIONAL
PERSPECTIVE
 Geographical Indications of Goods (Registration &
Protection)Act, 1999
 Geographical Indications of Goods (Registration & Protection)
Rules, 2002.
 Both of which came into force with effect from 15th September
2003.
WHO CAN APPLY FOR REGISTRATION?
 Any association of persons; or
 Producers; or
 Any organization; or
 Authority established by or under the law.
 The applicant must represent the interest of the producers.
 Authorised user.

21. WHERE TO APPLY?
 The Central Government of India has established the Geographical
Indications Registry with all India jurisdiction in Chennai.
 Every application shall be filed in the office of the G.I Registry.
CONTENTS OF APPLICATION
i. A statement as to how the GI serves to designate the goods as
originating from the concerned territory of the country/region.
ii. The class of goods to which the GI shall apply.
iii. The geographical map of the territory of the country/region/locality in
which the in which goods originate or are manufactured.
iv. The particulars of appearance of the GI.
v. A statement containing particulars of the producers of the concerned
goods as may be prescribed.
vi. Other particulars as may be prescribed such as the that of the mechanisms
to ensure standards, quality, integrity, special human skill involved.
vii. Inspection structure to regulate the use of G.I

22. PROCEDURE FOR REGISTRATION
DURATION:
A registered GI Is valid for a period of
10years after which it can be renewed
on the payment of renewal fees.

23. PROHIBITION OF REGISTRATION OF
CERTAIN GIs
 The use of which would be likely to:-
 deceive or cause confusion
 contrary to the law in force
 Comprises of:-
 scandalous and obscene matter
 any matter likely to hurt religious susceptibilities of
any class/section of citizens of India
 Determined to be generic names
 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.

24. INFRINGEMENT OF GIs
 A registered G.I is said to be infringed if a person, not
being an authorized user, thereof:
Uses such G.I in a manner so as to indicate or suggest that
such goods originate in a geographical area other than the
true place of origin of such goods in a manner that
misleads the persons as to the geographical origin of such
goods;
Uses any G.I in such manner so as to constitute an act of
unfair competition including passing off in respect of
registered G.I;
Uses another G.I to the goods which, although literally true
as to the territory from which the goods originate, falsely
represents that the goods originate in the territory in respect
of which such registered indication relates.

25. RELIEF FOR INFRINGEMENT OF GIs
 CIVIL REMEDIES
 Relief may be granted in the form of
Injunction (interim and permanent)
either damages or account of profits and
delivery-up of the infringing labels and indications for
destruction or forfeiture of goods that bear false
representation of an existing G.I.
◦ Case laws:
 Scotch Whisky Association v. Pravara Sahakar
Karkhana Ltd
 Scotch Whisky Association & Others v. Golden
Bottling Limited

26. • CRIMINAL REMEDIES
OFFENCE PUNISHMENT
 falsifying and falsely
applying GIs to goods, or
selling goods to which
false GIs is applied
Imprisonment 6months-3yrs
and a fine of not less than Rs
50,000 but may extend to Rs
2,00,000
 falsely representing a GI as
registered
with imprisonment for a term
which may extend to 3 yrs, or
fine or both
 In case a person already
convicted of the above
offences is again guilty of
any such offence
For the second and for every
subsequent offence he/she
shall be punished with an
imprisonment for a term not
less than 1yr, but which may
extend to 3yrs and fine which
shall not be less than Rs
1,00,000 but may extend to Rs
2,00,000

27. PROBLEMS AND CHALLENGES OF
GIs IN INDIA
1. Enforcement of the legal provisions within and outside
India
2. Brand building, promotion and marketing
3. Registration in foreign countries
4. Defining geographical boundaries
5. Appropriate identification of goods
6. The question of beneficiaries
Case studies
 Darjeeling tea
 Basmati rice
 Payyanur Pavithra ring

28. GIs IN KERALA
 21 products registered as GI.
 Comprising of around 8.82% of the total GI
registered products in India.
 Majority-agricultural goods (52.8%), rest handicrafts.
 Significance of G.I in Kerala
 Enhanced its export.
 Promoted international trade.
 Contributed in the economic development and
advancement of tourism within the State.

29. EMPIRICAL STUDY ON THE
REGISTERED GIs IN KERALA
UNIVERSE:REGISTERD PROPRIETORS/AUTHORISED
USERS OF GIs IN THE STATE OF KERALA
SAMPLE: 30 IN NUMBER
METHOD : SIMPLE RANDOM
SAMPLING

30. Unique features
•Created from a special metal
alloy.
•Eliminates secondary
reflections and aberrations.
•Fully handmade and brittle.
•Craftsmen use traditional,
indigenous methods and
materials to produce the
reflecting wonder.
• Takes several days to months
to complete.
•Often believed to bring good
luck and prosperity.
ARANMULA KANNADI

31. The mirror making process

32. CHENDAMANGALAM DHOTIES & SET
MUNDU
Unique features
•Method of production.-
hand-woven and require
immense skill and effort.
•No chemicals used in
the manufacturing or
processing stage
•Handloom industry
provides for
manufacturing count
cotton combed yarn of
120s,100s and 80s.
Higher counts ensure that
the products do not
shrink on washing.

33. KUTHAMPULLY SAREES
Unique features
•Well known for
manufacturing finer
count cotton yarn of
counts 80 and 72.
•No bleaching or dyeing
involved in the
manufacturing process
except dyed yarn for the
border or cross-border
of the sarees.
•The yarn used is of
natural coloured grey
cotton yarn and so the
products are eco-
friendly causing no
harm to the body of the
users

34. VAZHAKULAM PINEAPPLE
Unique features
•Well known for its
delicious taste, aroma
and flavour.
•Fruit is a good source
of carotene, vitamin
minerals and energy.
•The uniqueness is
attached to the agro
climatic conditions
that are prevailing in
the region.
•FLO standards in
cultivation restrict the
use of any chemical
pesticides banned by
WHO.

35. MALABAR PEPPER AND ALLEPEY
GREEN CARDAMOM
Unique features
•Malabar Pepper: The warming spice
has got a sharp, hot and biting taste
which is its distinct feature
•Allepey Green Cardamom: This
grade is unique in its colour, size,
chemical constituents and oil content
•Uniqueness is also attributable to the
agro-climatic factors

36. MAJOR FINDINGS OF THE STUDY
 Benefits do not percolate down the line to the actual
beneficiaries who are involved in the production of these
G.I registered goods.
 The main hindrance to effective enforcement of laws is
the lack of awareness among the people about the
concept of G.I.
 Lack of decent pay will result in the labourers opting for
jobs with better pay, outcome of which would be
shortage in the number of people engaged in the age old
profession causing big threat to the
production/manufacture of these traditional G.I
products.

37. PROSPECTIVE G.Is IN KERALA
Kozhikodan Halwa Nilambur teak
Guruvayur Pappadam

38. SUGGESTIONS
INTERNATIONAL LEVEL
Establishment of a multilateral system for notification
and registration of geographical indication.
Extension of additional protection as under Article 23
protection to all G.I irrespective of their nature.
NATIONAL LEVEL
To give legal enforcement power to the Registering
authorities constituted for the purpose under the Central
Government.
Establishment of a “National watch dog agency.”
Adopt measures to educate the producer/manufacturers
and related labourers about the significance of G.I, and to
gather them to form a registered society.

39. Special incentive scheme by the Central government
Adopt strategies to build reputation and goodwill of the G.I
registered products
REGIONAL LEVEL
Establishment of a common facility centre within the State.
Establishment of a common showroom within the State.
Initiatives by the State government to conduct awareness
programmes by way of campaigns, seminars and
exhibition.
Initiatives by the State government to ensure that rebates
are granted to the producers/manufacturers without any
time delay.

40. THANK YOU