In brief: Geographical indications of goods in India

The Ministry of Commerce and Industries’ Department for Promotion of Industry and Internal Trade (DPIT) recently published an amendment to the Geographical Indications of Goods (Registration and Protection) Rules 2002.

These regulations took effect on August 26, 2020. A few provisions concerning the regulation of authorized users of goods carrying a Geographical Indication Act have been modified as part of this amendment. The guidelines have also assisted in the simplification of the procedures for GI Authorized Users. The goal of such revisions appears to be to make it easier for people who want to register as authorized users of a product with a GI Tag to do so.

The Geographical Indications of Goods (Registration and Protection) Act, 1999 is the law in India that governs geographical indications. The regulations governing Geographical Indications of Goods in India require extensive explanation because, in addition to being intellectual property, they also aid in the preservation and protection of traditional knowledge of people whose products have a GI tag.

Geographical Indication

A Geographical Indication of Goods is a type of intellectual property that aims to protect certain goods made in a specific location. It refers to a geographical indicator, which in turn relates to the country, city, or location where the product originated. Because such goods have a certain standard of quality and reputation associated with them as a result of their being created in a specific geographic region, they must be protected from illegitimate use. The fact that a product is made in a certain location offers consumers confidence in its quality and uniqueness.

A product must satisfy two conditions in order to be designated as a geographical indication. In the case of agricultural goods, the product must come from a certain geographic location, whereas manufactured goods must be produced, processed, or prepared in that area. The products or goods should have a unique quality or reputation among the target customers.

Geographical Indication Registration

It is frequently recommended that a geographical indication be registered in order to provide better protection against unauthorized use. It allows the registered owner of the GI as well as its authorized user to take legal action against an infringement of their rights. However, it is not required. A geographical indication’s registration also grants an authorized user exclusive rights to the items for which the GI is registered. This type of registration is good for ten years, after which it can be renewed. However, if it is not renewed before the expiration date, it is withdrawn from the register and no longer has legal protection.

A register should be kept in order to maintain the record of registered GIs, according to Section 6 of the Geographical Indications of Goods (Registration and Protection) Act, 1999. The name of registered GIs, as well as the names, addresses, and other descriptions of the registered proprietors and permitted users, must be kept in the register, which must be held at the main office. It is allowed to maintain a record entirely or partially in digital form. Part A and Part B are the two sections of the registry. Part A is concerned with the registration of geographical indications, while Part B is involved with the registration of authorized users.

Authorized User

An authorized user is a person who has the right to produce, manufacture, or distribute any product/goods with a geographical indication. Any manufacturer of goods can apply to become an approved user. Producing, processing, trading, or dealing (in the case of agricultural goods), exploiting, trading, or dealing (in the case of natural goods), and making, manufacturing, trading, or dealing (in the case of industrial products) are all considered producers. A person must apply in writing on a given form and pay the prescribed charge in order to be registered as an authorized user. In the event of a geographical indication infringement, an authorized user has the right to file a lawsuit.

A GI’s certificate is valid for ten years, after which it is likely to be eliminated from the register and considered unprotectable. However, by renewing its registration as a geographical indication, the registered proprietor can further protect it. It must be renewed every ten years. When renewing your license, you must fill out a form and pay the required fee.

In India, the regulations governing geographical indications of goods are relatively new. With the rapid growth of technology and globalization, traditional knowledge from distinct localized groups needs greater protection than ever before. In the event that foreign corporations attempt to use traditional knowledge without official authority, it is past time for geographical indicators protection to be made widely available. These rules have been amended, which is a start in the right direction. The simplicity of GI and authorized user registration processes, as well as a significant reduction in the registration and renewal fees, will go a long way toward encouraging communities to protect their products under these laws.

***Other Articles***

– You could see Procedure of Trademark in India here.

– You could visit here to see Required documents of filing trademark in India.

Contact AAA IPRIGHT: Email: [email protected]

Or sending your inquiry by filling the form: