Be it sipping a hot cup full with aroma of Darjeeling Tea or decorating your house with some Turkish Pottery, many products we know directly connect us to some geographical location which proudly holds the authority to secure such recognition of their product in the commercial place. The products include handlooms, handicraft, grains, spices, sweets, fruits, vegetables, or manufactured products that is unique to the place and is popular across the world. This story explains in detail what Geographical Indications are and it’s importance.
The agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) describe Geographical Indication as: “Geographical indications are, for the purposes of this Agreement, indications which identify a good as originating in the territory of a Member [of the World Trade Organization], 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.”
From the medieval and colonial period, even though when there were no legal recognitions, geographical indications goods had earned global attention. Indian spices impelled Christopher Columbus to sail all the way from Europe to India. Scotch Whisky, Kashmiri Carpets, Dhaka Muslin are other few to name the age-old examples of globally renowned products representing the fame of certain regions.
The Paris convention for the Protection of Industrial Property of 1883, marks the beginning when the first international legal framework came to grant protection for indications of geographical origin on goods. The very legal concept of geographical indications as a form of Intellectual property can be traced from here. The Paris convention does not use the term “geographical indications” but it is the first multilateral agreement which provided for protection of “indications of source” and “appellations of origin”. It can be presumed that the expression ‘appellations of origin’ is the precursor of the expression ‘geographical indication’.
First GI system used in France - appellation d’origine controlee (AOC)
The Madrid Agreement of 1891, uses the relevant term the ‘indications of source’ and has almost identical provisions for seizure of goods which use ‘false’ or ‘deceptive’ indications of source.
The Lisbon Agreement of 1958, is the first of such agreements to define the term “appellation of origin”. This agreement sets a relatively higher standard of protection and was relied upon as a model while drafting the TRIPS provisions on geographical indications.
In the late 1970s, preparations started for the revision of the Paris Convention and in 1975 a proposal came with the terminology “geographical indication” used in the WIPO draft treaty which was adopted. Thus, in order to make the treaty attractive to all States party to the Paris Convention, the replacement of the concepts of “appellation of origin” and “indication of source” by the notion of “geographical indication” was evoked.
Trade Related Intellectual Property Rights (TRIPS) 1994, a part of the WTO agreement is the most recent international agreement on ‘Indications of geographical origin’. The TRIPS agreement covers goods which have a given quality, reputation or other characteristic that is essentially attributable to their geographical origin.
The inclusion of indications of source and appellations of origin and the specific reference to a series of agricultural products in early versions of the Paris Convention are clear evidence that the 19 th century diplomats who negotiated the international convention, primarily to protect inventions shown at international exhibitions, had not overlooked the most ancient form of intellectual asset.
WIPO’s Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (“the Geneva Act”) was adopted on May 20, 2015. On February 26, 2020, the Geneva Act officially entered into force after the European Union acceded to the same. Currently, the Geneva Act is effective in 31 countries (Albania, Cambodia, North Korea, Samoa and 27 EU member countries). While the Lisbon Agreement applies only to Appellations of Origin (AOO), namely, those names of products that have a particularly strong link with the place of origin, the Geneva Act extends that protection to all Geographical Indications (GIs) covered by the TRIPs definition. Through a single application, an applicant can obtain registration in all the member countries of the Geneva Act without the need to designate such member countries. This is quite cost effective, especially considering that many of the GI bodies do not have deep pockets.
GI is a sign used on GOODS (Natural/ Agricultural/ Manufactured) that confirm that these Goods must originate from a defined area with some special inherent qualities. This Attributable Quality of a product indicates something special about that region/ a place on land (geography).
Such a certificate conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country. Topography, Vegetation, Soil and the Traditional Practices at that place mainly contribute to Geographical Indication.
Geographical Indications is intended for a community or is a right given to a group. Hence, it is not possible to get Geographical Indication registration in the name of an individual.
Since the qualities depend on the geographical place of production, there is a link between the product and its original place of production.
However, the use of GIs is not only limited to agricultural products where weather, soil and its pH affects the qualities of the agricultural product but a GI may also highlight specific qualities of a product that are due to human factors found in the product’s place of origin, such as specific manufacturing skills and traditions.
That is the case, for instance, for handicrafts, which are generally handmade using local natural resources and usually embedded in the traditions of local communities. Handicraft Products identified by a GI are often the result of traditional processes and knowledge carried forward by a community in a particular region from generation to generation.
Following the GI registration of the agriculture/ fabric, an inspection agency has been constituted for quality control of the product produced/ made by weavers.
Buy products with a GI Certificate. This ensures that none other than those registered as authorized users residing inside the geographic territory are allowed to use the product name.
A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
Any association of persons, producers, organization or authority established by or under the law can apply. The application should be addressed to the Registrar of Geographical Indications of that country along with prescribed fee.
Any association of persons, producers, organization or authority established by or under the law can be a registered proprietor. Their name should be entered in the Register of Geographical Indications as registered proprietor for the Geographical Indication applied for.
A producer of goods can apply for registration as an authorized user, with respect to a registered Geographical Indication. He should apply in writing in the prescribed form along with prescribed fee.
The right to use a protected geographical indication belongs to producers in the geographical area defined, who comply with the specific conditions of production for the product.
Like all intellectual property rights, the rights to geographical indications (GI) are enforced by the application of national legislation, typically in a court of law.
Geographical indication rights are territorial. This means that these rights are limited to the country (or region) where protection is granted.
The registration of a Geographical Indication is for a period of ten years.
Yes, renewal is possible for further periods of 10 years each.
When unauthorized use indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which misleads the public as to their geographical origins.
When use of Geographical Indication results in unfair competition including passing off in respect of registered Geographical indication.
When the use of another Geographical Indication results in a false representation to the public that goods originate in a territory in respect of which a Geographical Indication relates.
The registered proprietor or authorized users of a registered Geographical indication can initiate an infringement action.
A trademark can be assigned or licensed to anyone, anywhere in the world, because it is linked to a specific company and not to a particular place. In contrast, a GI may be used by any persons in the area of origin, who produces the good according to specified standards, but because of its link with the place of origin, a GI cannot be assigned or licensed to someone outside that place or not belonging to the group of authorized producers.
Geographical indications (GIs) identify a good as originating from a particular place. By contrast, a trademark identifies a good or service as originating from a particular company.
A trademark often consists of a fanciful or arbitrary sign. In contrast, the name used as a geographical indication is usually predetermined by the name of a geographical area.
India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 which came into force with effect from 15th September 2003.
The central government has established the Geographical Indications Registry with all-India jurisdiction, at Chennai, where right-holders can register their GI.
In 2004, “Darjeeling Tea” was the first Indian product to get the geographical indication tag.
Logo and Tag line of India GI: