Geographical indications (GI) are intellectual property rights that identify goods originating from specific regions, where their quality or reputation is linked to their geographical origin. In India, GI protection serves to safeguard producers' interests, promote local goods in international markets, and is primarily utilized by farmers and artisans from economically disadvantaged backgrounds. The GI Act of 1999, effective from September 2003, governs the registration of GIs, their protections, and conditions, while various classes of goods are covered under this legislation.

1. R.S.PRAVEEN RAJ
Scientist - IP Management & Technology Transfer
NIIST - Thiruvananthapuram(CSIR)
secularcitizen@gmail.com

2. What is GI ?
Geographical Indications (GI) is an intellectual
property right (IPR), which identifies “goods” as
originating in a certain region where a given
quality, reputation or other characteristics of the
product is essentially attributable to its
geographical origin.
Triple relationship between a product, its special
qualities and geographical territory of origin.

3. Significance of GI protection
• Protection of producer’s interests
• Notice to the customer about the source of
goods
• Promotion of goods in the international
market.
All the producers in the particular region can use a Geographical
indication even though they have different trademarks.

4. GI – poor man’s IP
In India, most of the applicants for GIs are
farmers, artisans and craftsmen from the
lower economic strata (or an organization
representing them)
a) It is a collective right
b) Protects the interest of communities
c) No Private monopoly shall be allowed
Darjeeling Tea is the first registered GI in India

5. International Obligations paved the way for
GI in India
• GIs were first covered as elements of Intellectual Property
Rights under Articles 1 (2) and 10 of the Paris Convention for
the Protection of Industrial Property.
• Later covered under TRIPS Articles 22 to 24 .
• Indian Parliament passed the Geographical Indications of
Goods (Registration and Protection) Act in December, 1999
• GI Act, 1999 came into force on 15 September 2003 along with GI Rules.
Unlike other IPR forms, GI rights cannot be assigned or
licensed (Section 24)

6. “Goods” under GI Act
Section 2(1)(f)
• Natural Goods
• Agricultural Goods
• Manufactured Goods
• Goods of Handicraft or Industry
Definition of Goods includes foodstuff also.
(Food stuff is covered only if it is any of the
above)
There are 34 classes of goods under the fourth
schedule of GI Act

7. Registration not mandatory
• Protection otherwise under ‘common law’
(Section 23(2) and Section 20(2) of GI Act)
But Registration provides prima facie
evidence of validity (Section 23(1) and Section
20(1) of GI Act)
To be registered (Section 6, Section 16) with
GI Office at Chennai under Controller
General of PDTM

8. Eligibility of proprietor of GI
• Section 11(1) - Any association of persons or producers
or any organisation or authority established by or under
law for the time being in force representing the interest
of the producers of the concerned goods, who are
desirous of registering a geographical indication in
relation to such goods shall apply in writing to the
Registrar in such form and in such manner and
accompanied by such fees as may be prescribed for the
registration of the geographical indication.
• Form GI – 1 (Rule 23)
• Fee Rs. 5000
GI registration is initially valid for 10 years; Renewal every 10 years
(Section 18, Rule 60)

9. Eligibility as ‘Authorised user’
• Section 17(1) – Any person claiming to be the producer
of the goods in respect of which a geographical
indication has been registered under Section 6 may
apply in writing to the Registrar in the prescribed manner
for registering him as an authorised user of such
geographical indication.
Form GI – 3 (Rule 56) Fee Rs. 500
Part A of the Register contains the details of GI and its the
proprietor; Part B of the Register contains the details of
authorised producers (Section 7)

10. GIs not eligible for registration
(Section 9)
a) The use of which would be likely to deceive or cause confusion;
b) The use of which would be contrary to any law for the time being
in force;
c) Which comprises or contains scandalous or obscene matter
d) Which comprises or contain any matter likely to hurt the religious
susceptibilities of any class or section of the citizen of India
e) Which would otherwise be disentitled to protection in a court
f) 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
g) Which although, literally true 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

11. Contents of GI application (Section 11(2) and Rule 32)
• A statement as to how the GI is attributable to the geographical location
in respect of specific quality, reputation etc.
The statement shall, inter alia, include an affidavit as to how the
applicant claims to represent the interest of producers, industry
standards and quality benchmarks for the production of goods,
particulars of quality assurance mechanisms, particulars of special
human skills involved in making the product unique, particulars of the
inspection structure to regulate the use of GI to the mentioned region
etc.
• Class of Goods as per fourth schedule (Rule 21)
• Geographical map of the region/location pertaining to GI
• Representation of the GI (In words or figures)
• Statement containing particulars of the PRODUCERS

12. Other major provisions
• Request to Registrar for search (Rule 22, Form GI – 5)
• Examination of application, Consultative Group chaired by
CGPDTM (Rule 33)
• Advertisement of application (Section 13, Rule 38)
• Opposition to Registration by any person within 3 months
(Section 14, Rule 41, Form GI – 2, Fee Rs. 1000 for each
class)
• Amendments and Corrections (Section 15)
• Renewal of GI (Section 18, Rule 60, Form GI – 4, Fee Rs.
3000)
• Rectification of GI by person aggrieved (Section 27, Rule 65,
Form GI – 6, Fee Rs. 1000)
• Appeals to the Appellate Board (Section 31)
• Offences and penalties (Chapter VIII)
(6 months – 3 years, Rs. 50,000 to 2 lakhs)
• Remedy against infringement (Section 66, Section 67)
• GI agents (Section 76, Rule 20, Rule 107)

13. Hearing proceedings in Opposition,
Rectification
• Notice of Opposition/Rectification (Rule 41/Rule 65)
• Counter statement by GI applicant/proprietor (Rule
43/Rule 66, Form GI - 2)
• Serving of Evidence by Opponent (Rule 44)
• Serving of Evidence by GI applicant (Rule 45)
• Evidence in reply by opponent (Rule 46)
• Further Evidence and Exhibits (Rule 47, Rule 48)
• Hearing and Decision (Rule 50)
Registrar has power to rectify the register ‘suo motu’
(Section 27(4), Rule 68)

14. Sl.
No.
Appl. No GI particulars
1 3 Aranmula kannadi
2 17 Navara rice
3 36 Palakkadan matta rice
4 49&56 Malabar pepper
5 54 Alleppey coir
6 57 Brass broidered coconut shell crafts
of Kerala
7 58 Screw pine craft of Kerala
8 59 Maddalam of Palakkad
9 72 Alleppey green cardamom
List of Registered GIs from Kerala

15. Sl. No Appl. No GI Particulars
10 81 Pokkali rice
11 85 Monsooned Malabar arabica
coffee
12 114 Monsooned Malabar robusta
coffee
13
14
130 &
141
144
Vazhakulam pineapple
Cannanore Home Furnishings
List of Registered GIs from Kerala

16. Sl. No Appl. No GI Particulars
15 152 Balaramapuram Sarees and
Fine Cotton Fabrics
16 170 Kasargod Sarees
17 179 Kuthumpally Sarees
18 163 Central Travancore Jaggery
List of Registered GIs from Kerala

17. Sl. No Appl. No GI Particulars
19 186 Wayanad Jeerakasala Rice
20 187 Wayanad Gandhakasala Rice
21 6 Payyannur Pavithra Ring
List of Registered GIs from Kerala

18. GI Scenario in India getting too spicy ?
• GI for Hyderabadi Haleem (Meat stew)

19. Trademark for deity
picture (Attukal)
Geographical Indication for
Tirupati Laddu
Of late, IPR struts into
Religion

20. World of Threats & Opportunities

22. Thank you
Any questions.. ?
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