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Geographical Indications: Understanding Registration and Protection

Meaning:
A Geographical Indication (GI) tag is a special mark used on products that originate from a particular region and have unique qualities or a good reputation due to their origin. This tag serves as a form of protection, ensuring that only products from that specific place can use the name and guaranteeing they meet certain standards. For instance, only tea grown in Darjeeling that meets the quality requirements can be labelled "Darjeeling tea."

Importance of a GI Tag?:

A GI tag prevents others from using the product name without permission and protects unique products made by individuals or groups. It allows the holders to use the name, ensuring the products are of high quality and truly come from the specified location. These rights are granted when the GI is registered, following specific rules and conditions. Only people who are registered and live in the designated area can use the product name. Registering a GI provides legal protection for these products, ensuring that only authorized users can use the GI tag. As of 2024, there are 643 registered geographical indications in India.

Who can get a GI Tag?

A GI registration is assigned to a particular region, not to individual sellers. After a product receives the registration, sellers from that region can apply to sell it using the GI logo. Any organization, association, or group can apply for a GI tag. They must provide historical evidence and detailed production methods to demonstrate the product's uniqueness. Each authorized seller is given a unique GI number. If an unauthorized seller tries to sell the product using that name, they can be prosecuted under The Geographical Indications of Goods (Registration and Protection) Act, 1999.

Once a GI (Geographical Indication) is granted, the owner and authorized users have the exclusive right to use the indication on the registered product. The GI is legally protected for an initial 10-year period, which can be renewed. Any violation or infringement of a GI tag can lead to a substantial fine and imprisonment.

How to get a GI Tag?

The GI tag is registered according to the GI Act by following steps:

  1. Filing an application [Section 11 (1)]
    Any association of persons or producers or any organisation 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 as per Sec 11 of the GI Act,1999.
     
  2. Preliminary scrutiny and examination [Section 11(5) to (7)]
    The examiner will check the application for any mistakes or problems. If there are any, the applicant must fix them within one month of being told. After that, the Registrar will review the information with a group of up to 7 experts who know about the topic. The examination report will only be issued after this thorough review.
     
  3. Issue of Show cause Notice [Section 12]
    If the Registrar has any objections to the application, he will inform the applicant. The applicant must respond within two months or ask for a hearing. The decision will be communicated to the applicant. If the applicant wants to appeal, they can request this within one month. The Registrar can also withdraw an application if it was accepted by mistake, but only after giving the applicant a chance to be heard.
     
  4. Publication [Section 13]
    Every application shall be published in the Geographical Indications Journal within three months of acceptance.
     
  5. Opposition to Registration [Section 14]
    Any person can file an application within 3 months opposing the GI Application published in the journal.
    The Registrar will send a copy of the notice to the applicant. The applicant must then send a counter statement within two months.
    If the applicant does not send the counter statement within two months, their application will be considered abandoned. If the counter statement is filed, the Registrar will send a copy to the person who opposed the application.
    After that, both sides will present their evidence through affidavits and supporting documents. A date for the hearing will then be set.
     
  6. Correction [Section 15]
    The Registrar may allow corrections or changes to an application, from time to time, under certain terms and conditions.
     
  7. Registration [Section 16]
    When a GI application is accepted, the Registrar will register the geographical indication. The date the application was filed will be considered the registration date. The Registrar will issue a certificate with the seal of the Geographical Indications Registry to the applicant.
     
  8. Renewal [Section 18]
    A registered GI shall be valid for 10 years and can be renewed on payment of renewal fee.
     
  9. Appeal [Sec 31]
    If someone is aggrieved with an order or decision made by the Registrar, they can appeal to the Intellectual Property Appellate Board (IPAB) within three months from when they receive the decision.

Who can use a GI Tag?

As per sec 17 of the GI Act, 1999 any person claiming to be the producer of the goods in respect of which a geographical indication has been registered under section 16 may apply in writing to the Registrar in the prescribed manner for registering him as an authorised user of such geographical indication.

Rights and protection granted by a GI Tag:

  • The exclusive right to use the indication for the goods it applies to.
  • The ability to seek legal help if someone infringes on these rights.
However, these rights are not unlimited and come with conditions that limit how they can be used.

Conclusion:
In conclusion, a Geographical Indication (GI) tag is a valuable mark that protects products linked to specific regions and their unique qualities. By securing a GI tag, producers ensure that only goods from the designated area can use the name, upholding quality and authenticity.

The process of obtaining and maintaining a GI tag involves several steps, including application, scrutiny, publication, and potential opposition. Once granted, the GI tag provides exclusive rights to the authorized users, but these rights come with conditions to prevent misuse. Registering and using a GI tag not only safeguards regional products but also helps in preserving cultural heritage and promoting fair trade practices.

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