Compiled by: Sachi Kapoor | Concept & Edited by: Dr. Mohan Dewan

The concept of a Geographical Indication has its origins in the Paris Convention for the Protection of Industrial Property in 1883 and is also covered under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). However, India adopted the Geographical Indications of Goods (Registration & Protection) Act in 1999, which came into force in September 2003.

What exactly is a GI Product?

Well, a GI product is primarily an agricultural, natural or a manufactured product, which includes handicraft and industrial goods that originate from a definite geographical territory. It is an intellectual property right given for a product traditionally grown or made in a particular region, which makes it illegal for someone else to sell a product from elsewhere under that name. India being rich in culture and diversity brings out a range of flavours which are special from all over the country. A GI protection is given to an association of makers or growers of the product or an arm of the state or Central government which may apply on their behalf.

India and GI:

As on today, India has about 320 products which have been conferred upon with the Geographical Indication status. The state which tops the list with the maximum number of GI's is Karnataka with 38 GI products, followed by Maharashtra having 32 products and Tamil Nadu with 25 products. There are many products in the market that have gained a GI status, to name a few, the world famous Darjeeling Tea, Tirupati Laddu, Kashmir Pashmina, Nagpur Orange, Mysore silk, Feni from Goa, Nashik Grapes, etc.

In addition on July 30, 2018, the famous Kadaknath chicken meat from Jhabua district of Madhya Pradesh has got a Geographical Indication (GI) tag.

What's New?

The Commerce and Industry Minister Suresh Prabhu launched the all new Geographical Indication logo and tagline which will be featured on all products that have gained the status of a GI. The whole idea behind formulating a logo and a tagline is to raise awareness about IP rights among people for which the Ministry is making considerable efforts every now and then.

Is there a Multilateral Register for GI?

The protection required under the TRIPS Agreement is defined under two articles:

Article 22, which defines a standard level of protection and says geographical indications have to be protected in order to avoid misleading the public and to prevent unfair competition.

Article 23 provides an enhanced level of protection for geographical indications for wines and spirits: subject to a number of exceptions, they have to be protected even if misuse would not cause the public to be misled.

Currently there exists a multilateral register that covers only Article 23. The member countries of TRIPS are yet to come to a consensus with regard to the applicability and enforcement of the Multilateral Register with relation to goods under Article 22.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.