Updated: Jul 1, 2020
What is Geographical Indication of Goods?
Geographical Indication (GI) is a form of protection given to a good or product which originates from a definite geographical territory. A few examples of GI include Darjeeling Tea, Nagpur Orange, Mysore Silk etc. This good may be agricultural, natural or manufactured. The manufactured goods should be produced or processed or prepared in that geographical territory. The basic requirement to obtain a Geographical Indication is the special quality and reputation associated with the good. The registration for GI is valid for ten years. However, the registration can be renewed after every ten years. GI cannot be assigned, transmitted, licensed, pledged or mortgaged to any other person since it is a public property owned by a group of producers. The Geographical Indications of Goods (Registration & Protection) Act, 1999 governs the system of GI in India.
Who can file an application for registration of a GI?
Any association of persons, producers, organisation or authority established by or under the law can make an application to the Registrar of Geographical Indications. The Application should be made for the welfare or the interest of the producers. The Application should be in writing in the prescribed form and must be addressed to the Registrar along with the prescribed fee. Further, registration is not compulsory. However, registration of GI provides better legal protection against infringement. Apart from the application made to be the registered proprietor, one can also apply for registration as an authorized user (i.e the producer of agricultural goods, natural goods or industrial goods). In cases of infringement either the registered proprietor or the authorized user can initiate legal actions.
Where to file a GI Application in India?
The GI Registry has an all-India jurisdiction for making an application for registration of GI. The GI Registry is situated at:
Geographical Indications Registry,
Intellectual Property Office Building,
G.S.T. Road, Guindy,
Chennai – 600032