Geographical Indication Tag

Introduction

A Geographical Indication (GI) is a label used for products that come from a specific area and have special qualities or a good reputation due to that location. It is a type of Intellectual Property Right (IPR) that connects a product's quality or characteristics to where its place of origin. Geographical Indications are protected under the Geographical Indications of Goods (Registration and Protection) Act, of 1999.

The Geographical Indication has been defined under international agreements like the Paris Convention and the TRIPS Agreement.

Article 22 of the TRIPS Agreement prevents the use of any means that indicate or suggest that the goods originated in a particular area other than their actual place of origin.

BENEFITS OF A REGISTERED GI TAG:

Prevents Others from Selling Inferior Quality Goods: A GI Tag allows official users to stop others from using the label if their product does not meet the required standards.

Exclusive Rights: Exclusive rights to the registered owner to use the GI tag for specific products.

Prevention from Unauthorized/ Misleading Use: The ability to prevent third parties from making unauthorized or misleading use of the GI Tag.          

Legal Rights: Legal options to initiate action against violations or unfair competition.

International Conventions on GI Tag

Several international conventions and systems are essential for protecting and promoting products with a GI Tag, helping them retain their unique identity and quality.

·         Paris Convention: This agreement (1883) sets up global rules for protecting industrial property rights, including geographical indications (GIs). It ensures that foreign applicants get the same treatment as local ones and gives them the right to apply for protection first.

·         Lisbon System: The Lisbon Agreement (1958) creates a system for registering names that are linked to specific places, called appellations of origin (a type of GI). It allows people to file for protection in one place. This protection applies to all the countries that are part of the agreement.

·         Madrid System: The Madrid System is mainly for trademark registration but can also protect GIs by registering them as special marks. This helps keep the product’s geographical origin and quality safe in many countries.

TYPES OF GI TAG

Quality Neutral Indication- In this Indication, there is no direct or substantial connection between the product and its place of origin, and the tag demonstrates merely the place is made at that location.   

It refers to products that may be made in a specific location, but the GI tag does not imply any unique quality or characteristics resulting from that location.

Qualified Geographical Indication- This refers to a link between the said product and the place, country, or area it is associated with or say its place of origin. This link is created due to the attributes of the product. E.g. Basmati rice is connected to the plains of India and Pakistan and is distinguished from other rice due to its quality.

It emphasizes a link between the product and its place of origin, often due to the specific attributes or qualities that the local environment imparts to the product.

Direct Geographical Indication- This is the most sought-after GI tag where the country of origin of the product is directly linked with the attributes of the product. E.g. Darjeeling Tea.

It highlights products whose quality or reputation is demonstrably linked to their geographical source, with Darjeeling Tea being a prime example.  

Indirect Geographical Indication-Where a certain product is said to be believed to have originated from a specific place or nation but there is no certain proof of such connection. E.g. Feta is said to be originated from Greece but there is no direct evidence of such connection.

It addresses products that are believed to originate from a specific area, although there may be no definitive proof connecting them directly to that location.  

GI protection in India

The Geographical Indications of Goods (Registration and Protection) Act, 1999, is the main law in India that manages the registration and protection of geographical indications (GIs).

Some key points of the law to take into consideration are:

·         It created the Geographical Indications Registry which currently handles GI applications which is located in Chennai.

·         Allowed protection of products having a link to a specific place and have qualities or a reputation tied to that location

·         The protection lasts for 10 years but it can be renewed every ten years as long as needed.

·         The law imposes both civil and criminal liability for misusing the GI Tag.

Procedure of GI Registration in India

1. Filing the Application: The application for GI registration must be filed in triplicate and signed by the applicant or their legal representative. An affidavit and other relevant documents must be included, detailing the goods, their geographic origin, and how local environmental and natural factors affect their qualities. Additional details like the class of goods, applicant's address, name, and applicable fees must also be provided.

2. Examination of the Application: The application will be scrutinized by an examiner. If discrepancies are found, the applicant is given time to correct them. Following proper scrutiny, a report is compiled. If objections arise, the applicant has 2 months to respond and can appeal the registrar's decision within 1 month if dissatisfied.

3. Publication for Opposition: After the application is accepted, it is published in the Geographical Indications Journal within 3 months to allow for opposition.

4. Opposition Process: Anyone can oppose the application within the 3-month period. The opposition is communicated to the applicant, who can submit a counter-statement. Both parties must present evidence for the hearing.

5. Final Registration: Once all objections are resolved and all stages cleared, the registrar will formally register the GI tag.

Infringement and Remedies available under the GI Act

Section 67 of the GI Act, 1999, provides for both civil and criminal remedies for infringing the GI Tag.

Civil Infringement

Injunction- The Court can order the infringer to immediately stop using the GI tag which adversely affects the plaintiff if the defendant disposes of the product or exploits the said tag.

Damages-The Court can grant damages to the plaintiff if he proves that the defendant has caused monetary damage by using the said tag but the court will not grant damages if it is satisfied that the defendant is ignorant of the said GI tag and stops using it immediately after he came to know of the same.

Criminal Infringement

An infringer can get a minimum of 6 months to 3 years of imprisonment and a fine not less than Rs. 50,000/- but can extend to Rs. 2,00,000/- depending on the severity of the offense. A person becomes liable if he is-

·         Falsely representing registered GI tag

·         Falsification of entries in the registry

·         Improperly describing or connecting a place to the GI tag

Economic Benefits of GI Tag

·         Promotion of Local Products: GIs help local products stand out in global markets which helps in boosting demand and sales.

·         Boost to Rural Economies: GIs support rural areas by creating jobs and increasing income for local farmers and artisans.

·         Encouragement of Sustainable Practices: GIs often promote traditional and eco-friendly production methods that help protect the environment.

·         Attraction of Investment: GIs make products more appealing to investors by showing quality and uniqueness.

·         Prevention of Imitation: GIs protect local products from being copied, ensuring fair prices for genuine producers.

·         Increased Tourism: GIs attract tourists interested in visiting regions known for their unique products hence boosting local tourism.

·         Cultural Preservation: GIs help preserve traditional skills and cultural practices that benefit local economies for future generations.