FAQs on Geographical Indications

Q1. What is a Geographical Indication?

"Geographical indications are indications, which identify a good as originating in the territory or a region or locality in a territory where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

It can also be defined as a sign used on goods that have a specific geographical origin and possess qualities or a reputation that is due to that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the goods, although it is not mandatory.

Q2. List some of the famous registered GIs (Any 5)

Darjeeling Tea, Mysore silk, Mysore Sandalwood oil, Coorg orange, Nanjanagud Banana.

Q3. Who administers the registration of geographical indication?

A statutory body called Geographical Indication Registry has been established under the Act. The Registry maintains a Register of Geographical Indications and the Register is maintained in 2 parts viz, Part-A and Part-B.
Part A contains the essential characteristics of the goods and the name of the Registered Owner.
Part B contains the rules relating to the registration of the Authorized Users of that Geographical Indicator

Q4. What are the prohibitions against the registration of geographical indications?

The following are the geographical indications that cannot be registered in India:

1. The use of which would be

1. Likely to deceive or cause confusion

2. Contrary to any law for the time being in force

1. Which comprise or contain:

1. Scandalous or obscene matter

2. Any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India

1. Which would otherwise be disentitled to protection in a court
2. Which are determined to be generic names or indications of goods and are therefore, not or ceased to be protected in their country of origin or which have fallen into disuse in that country; or
3. Which although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality as the case may be

Q5. What is Register A & B for registration of GI?

Part 'A' consists of particulars relating to registered geographical indications. It contains the essential characteristics of the goods and the name of the Registered Owner.

Part 'B' consists of particulars of registered authorized users. It contains contains the rules relating to the registration of the Authorized Users of that Geographical Indicator.

Q6. What is the term of protection of geographical indications?

The term of protection of a geographical indication is perpetual provided payment of fees is done. The initial Registration of a Geographical Indication shall remain valid for a period of 10 years each. A grace period of 2 years has been provided for restoring the registration of geographical indications that has lapsed due to nonpayment of renewal fee.

Q7. What is considered to be the infringement of geographical indications?

A person, not being an authorized user, infringes a registered geographical indication when he uses:

1. Such geographical indication by any means in the designation or presentation of goods that indicates or suggests hat such goods originate in a geographical area other than the true place of origin of such goods in a manner goods; or which misleads the persons as to the geographical origin of such goods;
2. Any geographical indication in such manner which constitutes an act of unfair competition including passing off in respect of registered geographical indication. The acts that constitute 'unfair competition' has been explained in the Geographical Indications Act 1999 as:

i. all acts of such a nature as to create confusion by any means whatsoever with the establishment, the goods or the industrial or commercial activities, of a competitor;

ii. false allegations in the course of trade of such a nature as to discredit the establishment, the goods or the industrial or commercial activities, of a competitor;

iii. geographical indications, the use of which in the course of trade is liable to mislead the persons as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods;

1. Another geographical indication to the goods which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the persons that the goods originate in the territory, region or locality in espect of which such registered geographical indication relates.

Q8. In the year 1990, a distillery in Bijapur Karnataka adopted the trademark "SCOTCH" for its malted whiskies. Mr. Alfred De Costa who is the MD of the distillery had attended a course in Scotland in the early 1980s on how to produce malted whiskies. During that time, he had also visited the some of the Scotch Whisky distilleries in Islay, Scotland as a tourist and had the occasion to witness the production of Scotch Whisky. Recently, in 2004, the Scotch Whisky Association (SWA), a body entrusted with the protection of Scotch whisky came to know about the adoption of the trademark "SCOTCH" by Mr. De Costa's distillery. In your opinion, does SWA have a good case?

 Yes

 No

Yes

Why? ..........................................................................................

(Answer in one line only)

As this is a direct infringement of the Geographical Indication of Scotch Whiskey as per the section 22 of the Geographical Indications of Goods (Registration and Protection) Act, 1999.

Q9. You are the owner of a tea garden called "Aloobari" in Darjeeling and have started a recent advertisement campaign for your tea. The following is your ad line.

"Refreshing and rejuvenating... Wake up with your cup of darjeeling from Aloobari" - Is this ad legally correct? What is wrong with it?

Ad seems to be legally correct, provided the tea produced is 100% Darjeeling tea. The only thing wrong with the ad seems to be that the word darjeeling is not capitalized and the word tea is missing.

Q10. What is the difference between GI & appellation of origin

An appellation of origin means the geographical name of a country, region or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors. All appellation of origins are geographical indications but not all geographical indications are appellations of origin.

Appellation of origins are used on those goods which along with being an indication of source, also signify the quality and the characteristics of the product which is due exclusively to the geographical environment.

For example, Roquefort cheese, which is said to taste the way it does because it is matured in a certain way in the caves of Roquefort is an appellation of origin and a geographical indication.