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Intellectual Property Right

Geographical Indications and GI Law in India

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 22-Dec-2025

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  • Indian Penal Code, 1860 (IPC)

Introduction 

Geographical Indications represent an important form of intellectual property protection that links products to their place of origin. They serve as a powerful tool for protecting traditional knowledge, preserving cultural heritage, and promoting socio-economic development in specific regions.  

  • The GI system recognizes that certain products derive their unique qualities from the geographical location where they are produced, and protects the right of producers from those regions to use the geographical name. 

Geographical Indications 

  • A Geographical Indication (GI) is a form of preservation of intellectual property. 
  • It is a designation applied to products originating from a specific geographical area, indicating that the qualities or reputation of the products are inherently linked to that particular origin. 
  • Article 22(1) of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement defines GIs as indications which identify a good as originating in the territory of a member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. 
  • GI is applicable to agricultural goods, natural goods and manufactured goods including handicrafts that are based on human skills, materials and resources available in certain areas that make the product unique. 

Categories of Geographical Indications 

In many European Union nations, GI is classified into two basic categories: 

  • Protected Geographical Indication (PGI): Where at least one stage of production, processing or preparation takes place in the region. 
  • Protected Designation of Origin (PDO): Where all stages of production, processing and preparation must take place in the specific region. 

India recognizes only the PGI category under its legal framework. 

Eligibility for GI Registration 

For a product to be eligible for GI registration in India, it must satisfy certain essential criteria: 

  • Geographical Origin: The goods must originate from a specific geographical territory, region or locality. 
  • Quality, Reputation or Characteristic: The product must possess a given quality, reputation or other characteristic that is essentially attributable to its geographical origin. 
  • Uniqueness: The product should have unique qualities that distinguish it from similar products produced elsewhere. 

Products that cannot be registered as GI include those whose use is likely to deceive or cause confusion, those contrary to law, those comprising scandalous or obscene matter, generic names, indications that have ceased to be protected in their country of origin, and false geographical representations. 

Who Can Apply for GI Registration 

  • Any association of persons or producers, or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods can apply for GI registration. 
  • The applicant whose name is entered in the Register of Geographical Indication becomes the registered proprietor for the geographical indication. 

Rights of Authorized Users 

  • An authorized user has the exclusive rights to use the registered geographical indication in relation to goods in respect of which it is registered. 
  • Authorized users are typically producers from the geographical area who are permitted by the registered proprietor to use the GI tag on their products. 

Term of GI Protection 

  • The registration of a GI shall be for a period of ten years from the date of registration. 
  • The registration may be renewed from time to time for further periods of ten years each, for an unlimited duration, by payment of the prescribed renewal fees. 
  • This renewable protection ensures long-term preservation of traditional products and regional heritage. 

Geographical Indications of Goods (Registration and Protection) Act, 1999 

  • The Geographical Indications of Goods (Registration and Protection) Act, 1999 is the principal law governing the GI system in India. 
  • This Act came into force on September 15, 2003, and seeks to provide for the registration and better protection of geographical indications relating to goods in India. 
  • The Act was enacted to fulfill India's obligations under the TRIPS Agreement and to provide a legal framework for protecting products with geographical significance. 

International Framework 

  • GI is governed under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) at the World Trade Organization (WTO). 
  • The Paris Convention for the Protection of Industrial Property emphasizes protecting industrial property and geographical indications in Articles 1(2) and 10. 
  • These international agreements ensure that GIs are recognized and protected across member countries, facilitating international trade and preventing misuse.