Geographical Indications (GIs) serve as vital markers of origin, connecting products to the unique geographical regions where they are produced. They encapsulate the essence of a particular place, reflecting its distinctive qualities, traditions, and heritage. In India, GIs play a significant role in safeguarding the country's rich cultural and agricultural diversity, ensuring the preservation of traditional knowledge and fostering economic development. The Geographical Indications of Goods (Registration and Protection) Act, 1999, established a legal framework for the registration and protection of GIs in India, marking a milestone in the nation's intellectual property regime.

With numerous products, from Darjeeling tea to Kashmir saffron, receiving GI tags, India has demonstrated its commitment to promoting authenticity, preventing misappropriation, and fostering rural development. This study delves into the concept of GIs, their importance in India, the registration process, infringement issues, and the remedies available to address such infringements, highlighting the significance of protecting and promoting products linked to their geographical origins.

What Are Geographical Indications

A geographical indication (GI) serves as a distinctive marker that identifies certain goods as originating from a particular territory within a country. These goods encompass a wide range, including agricultural produce, natural products, and manufactured items. The essence of a GI lies in its ability to link the goods to their geographical origin, highlighting the unique qualities, reputation, or characteristics associated with that specific location.

When a product bears a geographical indication, it signifies that its distinct attributes are deeply rooted in the geographical region where it is produced or manufactured. This connection between the product and its origin is fundamental, as it underscores the role of geography in shaping the quality and reputation of the goods. Whether it's the fertile soil of a specific region nurturing exceptional crops or the traditional craftsmanship of a local community producing distinctive handicrafts, the geographical context plays a pivotal role in defining the essence of the goods.

Furthermore, the scope of a GI extends beyond agricultural and natural products to include manufactured goods. However, in the case of manufactured items, it is imperative that at least one stage of production, processing, or preparation occurs within the territory, region, or locality associated with the GI. This ensures that the geographical link remains integral to the identity of the goods, even in cases where manufacturing processes are involved.

In essence, a GI not only serves as a mark of authenticity and origin but also celebrates the rich diversity and heritage embedded within different geographical regions. It is a testament to the unique relationship between the land, its people, and the products they create, fostering pride, recognition, and protection for goods that bear the imprint of their geographical origins.

Geographical Indications And India

Geographical indications have significant importance in India, primarily due to the country's rich cultural and agricultural diversity. India's interest in protecting GI dates back to the early 1990s when discussions began at the international level for the establishment of a system to protect GIs. India recognized the importance of safeguarding its unique products, especially those with strong ties to specific regions, in order to prevent misappropriation and ensure fair competition in the market.

The legal framework for GI in India was established through the Geographical Indications of Goods (Registration and Protection) Act, 1999 (hereafter referred to as Act). This legislation came into force in September 2003. The enactment of this law was a significant milestone for India's intellectual property regime, providing a formal mechanism for the registration and protection of GIs.

Reasons For Enactment Of The Act:

• Preservation of Cultural Heritage: India boasts a diverse range of products deeply rooted in its cultural and geographical heritage. Protecting GIs ensures the preservation of traditional knowledge, skills, and practices associated with these products.
   
• Economic Benefits: Many Indian products are renowned globally for their unique qualities and characteristics. By protecting GIs, India can leverage the commercial value of these products, leading to increased market demand, higher prices, and economic benefits for producers and local communities.
   
• Prevention of Misappropriation: GIs help prevent unauthorized use of product names or designations that may mislead consumers about the true origin or quality of the goods. This ensures that consumers can make informed choices and fosters trust in the authenticity of Indian products.
   
• Promotion of Rural Development: Many GI products in India are produced in rural areas, where they serve as a vital source of livelihood for local communities. Protecting GIs can contribute to rural development by providing economic opportunities and preserving traditional occupations.

GI Tag In India

The first product to receive a GI tag in India was Darjeeling tea. Darjeeling tea, known for its unique aroma and flavor, is grown in the hilly terrain of the Darjeeling district in the Indian state of West Bengal. The GI tag for Darjeeling tea was granted in 2004, marking a significant milestone in the recognition and protection of India's traditional products and cultural heritage.

The GI tag ensures that only tea produced in the Darjeeling region, adhering to specific quality standards and production methods, can be marketed and sold as "Darjeeling tea." This protection helps prevent misrepresentation and ensures that consumers can trust the authenticity and quality of the tea bearing the Darjeeling GI tag. It also provides economic benefits to the local tea industry and contributes to the promotion of Darjeeling tea both domestically and internationally.

370 goods have been registered under GI tag in India.

Some Of These Products And Categories Are Mentioned Below:

Product	Categories	State
Paithani Sarees and Fabrics	Textile & Handloom	Maharashtra
Kashmir Saffron	Agriculture	Jammu & Kashmir
Tirur Betel Leaf (Tirur Vettila)	Agricultural	Kerala
Rasagola	Food Stuff	Odisha
Madhubani paintings	Handicrafts	Bihar

In India, Karnataka is highest in number with 48 GI Tags issued, followed by Karnataka, Tamil Nadu (42) and Maharashtra (34) ranking 2nd and 3rd respectively.

Types Of Geographical Indications

Quality-neutral geographical indications:
These GIs indicate a product's origin from a specific geographical area without making any claims about the quality, reputation, or other characteristics of the product. They solely focus on the link between the product and its origin.

Alphonso Mango: This GI indicates mangoes grown in the Konkan region of Maharashtra, India, known for their distinct flavor and aroma. The GI simply indicates the geographical origin without implying any specific quality standards beyond the region of origin.

Qualified geographical indications:
These GIs not only indicate the geographical origin of a product but also imply a certain level of quality, reputation, or other specific characteristics associated with that origin. Qualified GIs typically have additional requirements or standards that products must meet to bear the GI label.

Darjeeling Tea: This GI refers to tea grown in specific areas of Darjeeling district in West Bengal, India. To qualify for the GI, the tea must meet certain quality standards and be produced using traditional methods specific to the region. The GI implies both the geographical origin and certain quality attributes associated with Darjeeling tea.

Direct geographical indications:
These GIs directly reference the geographical location from which a product originates. The name of the product explicitly mentions the geographical area, making it clear to consumers where the product comes from.

Banarasi Saree: This GI refers to silk sarees produced in Varanasi (formerly known as Banaras), Uttar Pradesh, India. The name directly indicates the geographical origin of the sarees, emphasizing their association with the rich weaving tradition of Varanasi.

Indirect geographical indications:
These GIs indirectly refer to the geographical origin of a product through terms, phrases, or symbols associated with the region but without explicitly stating the origin. While they don't mention the geographical location in the product name, they evoke images or associations with a specific place.

Kanchipuram Silk Saree: This GI refers to silk sarees woven in Kanchipuram, Tamil Nadu, India. While the name of the saree doesn't explicitly mention the geographical origin, it indirectly implies the association with Kanchipuram, a town renowned for its silk weaving industry.

Registration Of Geographical Indications

Three copies of the application for registering geographical indications must be submitted. along with three copies of a statement of case and to be made in prescribed Form GL-1 to GL-3. The application can be signed by the applicant himself or his agent on his behalf. A single application can also be made for different classes of goods for the convention country. Further, every application shall be in respect of one geographical indication only for as many class or classes of goods as may be made.

Again where a single application is made for one or more classes and the Registrar determines that the goods applied for, fall in one class or classes in addition to those applied for the applicant may restrict the specification of goods to the class where no notice of opposition is filed to an application within the prescribed period within the meaning of section 14(1) of the 1999 Act or where the opposition is dismissed and the appeal period lapses the Registrar shall enter the geographical indication in the Registrar.

Rights conferred by registration:

• Right to Obtain Relief: The registration of a geographical indication grants the registered proprietor and authorized users the right to seek relief for infringement of the geographical indication as per the provisions of the Act.
• Exclusive Use: The authorized user(s) of a registered geographical indication have the exclusive right to use the geographical indication concerning the goods for which it is registered. However, this exclusive right is subject to any conditions or limitations specified in the registration.
• Equal Rights for Authorized Users: If there are multiple authorized users of similar geographical indications, each user has equal rights against others, except as limited by conditions or limitations entered in the register.

Infringement of Registered Geographical Indications:

• A] Acts Constituting Infringement: Infringement occurs when a person not authorized to use the geographical indication:
  • Uses the geographical indication in a manner that suggests the goods originate from a different geographical area, misleading consumers about the true origin.
  • Engages in unfair competition, including passing off, in relation to the registered geographical indication.
  • Uses another geographical indication to represent goods from a different origin, even if the representation is factually true.
• B] Additional Protection by Notification: The Central Government can specify certain goods or classes of goods for additional protection against infringement through notification in the Official Gazette.
• C] Exceptions to Infringement: Certain lawful activities, such as acquiring goods lawfully or further dealings in such goods (including processing or packaging), do not constitute infringement unless the condition of the goods is impaired after they have entered the market.

Prima Facie Evidence of Validity:
The certificate of registration issued by the Registrar under the Act serves as prima facie evidence of the validity of the geographical indication in legal proceedings. This certificate is admissible in all courts without the need for further proof or production of the original.

Prohibition of Assignment or Transmission:
The right to a registered geographical indication cannot be assigned, transmitted, licensed, pledged, mortgaged, or subjected to any similar agreement, except in the case of succession under applicable law upon the death of an authorized user.

Infringement

Infringement of registered geographical indications refers to the unauthorized use of a registered geographical indication by individuals who are not authorized users. This infringement can occur in various forms, as outlined in Section 22 of the Geographical Indications of Goods (Registration and Protection) Act. The provision identifies several actions that constitute infringement, aimed at protecting the integrity and authenticity of goods associated with specific geographical origins.

• Misleading Representation of Origin: An individual infringes a registered geographical indication when they use it in a manner that suggests the goods originate from a different geographical area than their true place of origin. This can include labeling, packaging, or any other form of presentation that misleads consumers about the true geographical origin of the goods.
   
• Act of Unfair Competition: Infringement also occurs when an individual uses a geographical indication in a manner that constitutes unfair competition, such as passing off. This involves any act of competition contrary to honest practices in industrial or commercial matters, which can include creating confusion, making false allegations, or using geographical indications liable to mislead consumers.
   
• False Representation of Goods' Origin: Another form of infringement is when an individual uses another geographical indication on goods, even if it is literally true as to the territory, region, or locality in which the goods originate, but falsely represents to consumers that the goods originate in the territory, region, or locality related to the registered geographical indication.

Remedies To Infringement:
The remedies for the protection of geographical indications can generally be divided into Criminal Remedies and Civil RemediesCivil remedies include Injunction, Damages and Account of profit:

• Injunction: An injunction order may encompass either the ex parte injunction order or the interlocutory order, which may involve:
  • Document discovery
  • Preservation or breach of goods, papers, or other evidence related to the subject matter of the case
  • Restraining the defendant from disposing of assets in a manner that could harm the plaintiff's ability to recover damages, costs, or other remedies that may ultimately be awarded to the plaintiff
     
• Interlocutory Injunction: It is a well-established legal principle that three factors are taken into account when deciding whether to grant an interim injunction:
  • The establishment of a prima facie case
  • The balance of convenience between the parties
  • The irreparable harm that would be suffered if the interim injunction is not granted.
     
• Final Injunction: If a complainant succeeds in establishing infringements of GI, he will generally have a permanent injunction to restrict future infringements during the trial.

Damages:
The court may award damages to compensate the registered proprietor or authorized user for the losses suffered as a result of the infringement. Damages may include monetary compensation for financial losses incurred due to the infringement.

Account of Profits:
In addition to damages, the court may order the infringer to account for the profits derived from the infringing activities. This remedy aims to deprive the infringer of any unjust enrichment resulting from the unauthorized use of the geographical indication.

Additional Protection For Certain Goods:
Article 23 of TRIPS (Trade Related Aspects of Intellectual Property Rights), is confined to giving additional protection to wines & spirits but section 22(3) of the Geographical Indications Act seeks to extend the above concept not merely to wines but also to goods of national interest on a case to case basis.

The Geographical Indications Act of India, under Section 22(3), extends the concept of additional protection beyond wines and spirits to include goods of national interest on a case-by-case basis. This provision allows for the recognition and protection of certain goods that hold cultural, historical, or economic significance to the nation.

An illustrative example of this extended protection can be seen in the case of "Kashmir Pashmina." Pashmina, a fine wool derived from the undercoat of Himalayan mountain goats, has been traditionally produced in the Kashmir region of India for centuries. It holds immense cultural and economic importance for the region, with the weaving of Pashmina shawls being a centuries-old craft passed down through generations.

Given its unique geographical origin and cultural significance, Kashmir Pashmina is recognized as a Geographical Indication (GI) in India. Under Section 22(3) of the Geographical Indications Act, Kashmir Pashmina receives additional protection beyond the standard provisions, reflecting its status as a product of national interest.

This extended protection ensures that the integrity and reputation of Kashmir Pashmina are preserved, safeguarding against unauthorized use or misrepresentation of the geographical indication. It also contributes to the promotion of traditional craftsmanship, sustainable production practices, and economic development in the Kashmir region.

By extending additional protection to goods of national interest like Kashmir Pashmina, the Geographical Indications Act underscores the importance of preserving and promoting India's rich cultural heritage and traditional knowledge, while also providing economic benefits to local communities involved in the production of these goods.

Landmark Cases:

1. Tirupati Laddu Controversy:
   The Tirupati Laddu controversy sheds light on the complexities surrounding the protection of geographical indications and the challenges associated with addressing disputes related to cultural and religious symbols.
   
   In this case, a public interest litigation was filed before the Madras High Court challenging the geographical indication tag for Tirupati Laddu. However, the petition was dismissed on the grounds that alternative forums were available for adjudicating such disputes, directing the petitioner to approach the appropriate authorities under the Geographical Indication Act.
   
   Mr. R.S. Praveen Raj, a scientist from Thiruvananthapuram, raised concerns regarding the geographical indication tag for Laddus, citing potential violations of relevant sections of the Act. These included allegations of deception to consumers and the possibility of offending religious sentiments.
   
   Despite these contentions, the geographical indication registry in Chennai rejected the petition, citing a lack of proof of standing and interest in the registered goods on the part of the applicant.
   
   The Tirupati Laddu controversy underscores the importance of striking a balance between protecting cultural heritage and ensuring adherence to legal procedures. It also highlights the need for clarity in addressing disputes concerning geographical indications, particularly those intertwined with religious or cultural significance. As such, it emphasizes the necessity of transparent and effective mechanisms for resolving such contentious issues within the framework of intellectual property law.
    
2. Darjeeling Tea:
   The case of Darjeeling tea serves as a quintessential example of the efforts made to protect geographical indications and prevent their misuse or infringement. As the Tea Board of India, entrusted with the ownership of the geographical indication for Darjeeling tea, fought over 15 cases against such infringements, it underscored the significance of preserving the integrity of this renowned beverage.
   
   One notable instance was the rejection of a trademark application for "Darjeeling Nouveau" by the Republic of Tea in the United States. The Tea Board successfully opposed this application before the Trademark Trial and Appeal Board, highlighting that Darjeeling tea is not perceived as a generic type but specifically linked to the tea grown in the Darjeeling region of India.
   
   Furthermore, the Trademark Trial and Appeal Board acknowledged the Tea Board's rigorous efforts to control and protect the value of the Darjeeling geographical indication. The regulations and licensing program implemented by the Tea Board were deemed sufficient for maintaining control over the use of the Darjeeling mark.
   
   Similarly, in a case heard by the Court of Appeal in Paris, an individual's attempt to register a mark featuring "Darjeeling" with a cattle device was nullified. The court recognized that such a mark could impair the geographical indication of Darjeeling tea and undermine the interests of the Tea Board.
   
   These legal victories not only safeguarded the reputation and authenticity of Darjeeling tea but also reinforced the importance of protecting geographical indications as valuable assets linked to specific geographical regions. Through these cases, the Tea Board exemplified its commitment to upholding the integrity of Darjeeling tea and ensuring that consumers receive authentic products with the Darjeeling GI mark.
    
3. Basmati Rice:
   In 1997, the United States granted a patent to RiceTec Incorporation for certain lines and grains of basmati rice, a move that sparked objections from Indian non-governmental organizations and the scientific community. The essence of the objection was rooted in the assertion that the term "basmati" is inherently linked to its geographical origin in India and Pakistan, and thus, should be protected as such under international trade agreements.
   
   The Indian government officially challenged the patent in 2000, presenting evidence to demonstrate the geographical and cultural significance of basmati rice to the Indian subcontinent. Despite RiceTec's argument that "basmati" had become a generic term and therefore not eligible for protection, it was established that the term was undeniably associated with its region of origin, India.
   
   Following extensive litigation and hearings, the United States Patent and Trademark Office eventually limited the scope of the patent, granting protection only to specific varieties rather than the broader claim initially sought by RiceTec.
   
   This controversy played a pivotal role in shaping discussions around intellectual property rights, leading to increased awareness and the eventual passage of the Geographical Indication Act of India in 1999. This legislation provided a formal framework for the registration and protection of geographical indications, ensuring that traditional products like basmati rice receive the recognition and safeguarding they deserve.
   
   The Basmati Rice patent controversy highlights the significance of safeguarding cultural heritage, safeguarding traditional knowledge, and guaranteeing equitable acknowledgment of geographical indications in the worldwide market. It stands as evidence of the determination of communities to protect their cultural and agricultural legacy from unauthorized use and commercial abuse.
    

Conclusion:
In conclusion, geographical indications represent more than just labels; they embody the rich tapestry of culture, tradition, and craftsmanship inherent in products originating from specific regions. India's efforts to protect and promote its GI products underscore the nation's commitment to preserving its cultural heritage and supporting its rural economies.

Through robust legal frameworks and proactive measures, India has taken strides in ensuring the integrity and authenticity of its GI products. However, challenges such as infringement and unauthorized use persist, necessitating continued vigilance and effective enforcement mechanisms. By upholding the principles of fairness, transparency, and respect for intellectual property rights, India can further strengthen its position as a guardian of geographical indications, contributing to the global recognition and appreciation of its diverse array of traditional goods.

References:

• Bhandari, M. K. (2019). Law Relating to Intellectual Property Rights (IPR) (5th ed.). Central Law Publications.
• Geographical Indication [GI Tags In India] - Stawise List | 2024. (2024, March 5). Textbook. Retrieved from https://testbook.com/ias-preparation/geographical-indication-tags-in-india
• GOI. (2022, July 27). The Geographical Indications Of Goods (Registration And Protection) Act, 1999, Arrangement Of Sections Last Updated. India Code. Retrieved from https://www.indiacode.nic.in/bitstream/123456789/1981/1/a1999-48.pdf
• Wadehra, B. L. (2021). Law Relating to Intellectual Property: Patents, Trade Marks, Copyright, Designs, Geographical Indications, Semiconductor Integrated Circuits Layout-design, Protection of Plant Varieties and Farmers Rights, Trips (5th ed.). LexisNexis.

Award Winning Article Is Written By: Mr.Kaustubh Ramakant Shinde

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