Explainer: What is Geographical Indication (GI)? Why is it important?
Sai Krishna Muthyanolla
September 28, 2019
The ‘Odisha Rasagola’
recently received the GI tag. But what is the GI tag? Why is it important? Here is an explainer.
Be it sipping a cup of delicate Darjeelingtea or adding some extra Swiss Gruyere cheese to the lasagne, many products wecome across in our daily lives can be linked to some geographical locationwhich proudly holds the patronage and authority to secure recognition andprotection of their product in the market. The product can be a food,handicraft or agricultural product that is unique to the place and is popularacross other parts. This story explains in detail what Geographical Indicationsare and why are they important.
What is a Geographical Indication (GI)?
According to the World Intellectual Property Organisation (WIPO), a Geographical Indication (abbreviated as GI) is a distinctive signassociated with products which have a specific origin and which determines thequalities possessed by the product. For instance, tea is produced in differentparts of the world. But what sets apart Darjeeling tea from the rest of the teaproducers is its flavour, quality and the area where it is grown which cannotbe replicated elsewhere. Since GIs are an intangible asset born out of thecreativity of human mind and are used in commerce, they have always beenconsidered intellectual properties. Usually, the names of GIs will also havethe place of origin (is evident from the name, Darjeeling tea). GIs aredifferent from ‘Appellations of Origin and Trademarks’. Apart from agriculturalproducts and food items, human skills such as art and craft which are unique toa particular area, made out of locally available natural resources and evenindustrial products can also qualify as a GI. A few famous examples of GIs areSwiss Watches, Beaujolais (red wine produced in Eastern France), Pinggu Peachesof China, Ceylon Tea from Sri Lanka and Idaho – potatoes produced in IdahoState of the US.
TRIPs agreement among the member states of WTO first described GI
The term ‘Geographical Indication’ wasinitially defined in section 3 of ‘Agreement on Trade Related Aspects ofIntellectual Property Rights’, also known as the TRIPS agreement. The agreement, adoptedin 1994, is an international legal agreement between all the countries whichare members of the World Trade Organisation. Prior to this, in the ParisConvention of 1883, appellation of origins and indications of source werereferred to with respect to Intellectual Property. The TRIPS agreement hasbestowed the member states with the obligation to provide legal means to ensurethat duplication of the good does not take place and to prevent unfaircompetition. The members of WTO must provide protection for their product.
Germany had the largest number of GIs registered as of 2017
According to WIPO, as of 2017, Germanyhad the largest number of registered GIs- about 14,073 followed by Austria with8749. China was next in line with 8507 GIs. Ukraine, Republic of Moldova,Georgia and Bosnia & Herzegovina had more than 3000. India had 305 GIs asof 2017. Countries like Singapore, Uzbekistan and Philippines did not have any.
GI Act was passed in 1999 in India
GI rights are territorial. There is not anyinternational right for GIs. GI rights vary from country to country. In India, The Geographical Indications of Goods (Registration and Protection) Act was passed in December 1999 and came into effect in 2003. It comes under thepurview of the Ministry of Commerce and Industry. Under this Act, the GeographicalIndications Registry was introduced, in which a register on GIs has to bemaintained which contains the details of the GI along with the basic details ofthe proprietors and authorised users. The classification of goods is done inaccordance with the International classification of goods for registering GIs.
Goods which contradict any of the existinglaws or hurt the sentiments of people or even hold generic names are notentitled to GI status in India. Generic GIs are that whose name not onlyrepresents the origin but also has become a customary term for the product.Homonymous GIs are those whose name sound alike or are spelt alike but theorigin of the products are different. Appropriate steps to differentiatebetween homonymous GIs need to be taken in order to avoid misleading consumers.
GI Protection lasts for duration of ten years after which it must be
renewed
In order to apply for the status, anassociation of producers or an organisation registered under law representingthe people who want to get the GI registration for a product, should applymentioning the quality, features and reputation which enable the qualificationof the product under the category. The application must be filed along with therequisite particulars at the office of the Geographical Indications Registryand should be accompanied by a fee of Rs. 5000. The acceptance ordenial of the application lies in the hands of the Registrar. Upon approval andregistration of the product, a certificate will be issued to the applicant aswell as the authorised users. The time period for which a product will beregistered is 10 years. It may be renewed once the period is over based on theprovisions of the act.
The registered proprietor has the right toobtain relief in case someone infringes on the GI as per the act. This can be acase in which another product from a different origin carries a similar namewhich deceives/misleads people. The case can also be one which involves the useof GI in dishonest industrial matters.
Falsifying GI or misuse of GI is liable to imprisonment and penalty
Anyone who uses the GI without the consentof the authorised user or makes a similar one which deceives people or someone comesup with a deceiving GI resembling the original on packages, he/she is liable tobe imprisoned for a period between 6 months and up to three years in additionto a penalty between Rs. 50,000 to Rs. 2 lakhs. Similar punishment is alsoapplicable for those who sell products which carry false GI unless proveninnocent. Any such repeat offences will carry a minimum penalty of Rs. One lakh(which may extend up to Rs. Two lakhs) and an imprisonment between 1 to 3years. If anyone is accused of using GI for a product which has not beenregistered, he/she is liable to face three years imprisonment and penalty aswell.
Around the globe, GIs have played a crucial role in trade and economy. Not only does it help in branding of goods and marketing strategies, it also has helped in preservation of traditional knowledge and cultural practices. GIs have also contributed to rural development by aiding the regional producers.  The list of registered GIs in India can be accessed from the GI registry website. In the next story, we look at the GIs registered in India and their regional spread.
Featured Image: Geographical Indication Introduction