Intellectual property protection, apart from providing protection to new innovations and creativity, has also embarked on safeguarding knowledge and innovations that have been nurtured for centuries and remain the knowledge of a community. Protection for such knowledge and innovations, which reflects the typicality linked to a place, is labelled as geographical indication (GI). GIs are mentioned as one of the specific areas of protection under IPR for the members, which need to be accorded protection. In India, GIs are provided protection under both the Geographical Indications of Goods (Registration & Protection) Act and under relevant international agreements. The Act was amended, and the registry began registration of new GIs. India, being a member of the World Trade Organization, has enacted laws to meet its commitments and also to meet the objectives of protection required for indigenous knowledge and innovations. The GI Act conveys protection to identify a good as originating in the territory of a member or its quality, reputation, or characteristic essentially attributable to its geographical origin. The rights require that such GIs should be protected. The GIs under the GI Act shall be solely proffered for the products that originate in a particular geographical location and whose quality and reputation are undeniably dictated by the unique qualities of that place of production. The enhanced value derived from a product having a unique character or reputation is based not only on the product quality itself but on the place of origin, which confers the characteristic. India, with its vast diversification, is endowed with a huge potential for producing GIs and is commercially very lucrative for its owners as well as for the country.
- The Legal Implications of Geographical Indications of Goods (Registration & Protection) Act, 1999
The Geographical Indications of Goods (Registration and Protection) Act, 1999 aims to register and protect products with unique qualities linked to their geographical origin, such as agricultural, natural, or manufactured goods. It ensures that these goods are legally recognized and protected, fulfilling India’s commitments under the TRIPS Agreement.
Any group or organization representing producers in a specific area can apply for GI registration. The Registrar carefully examines each application based on the law before granting or rejecting registration. Section 11 outlines the criteria for registration, including distinctiveness, which is essential for approval. A registered GI grants exclusive rights to its holders, allowing them to prevent unauthorized use. Any misuse, even without registration as an additional matter, can lead to legal action under “passing off” or tort law, ensuring the GI’s integrity and reputation are protected.
If a GI relates to a plant variety, it must also comply with the Protection of Plant Varieties and Farmers’ Rights Act. Unauthorized activities like selling or exporting such plant varieties are considered infringements and may result in criminal charges, imprisonment, and fines up to Rs. 50,000. The Act ensures GIs are safeguarded, preserving their value and protecting the rights of legitimate producers.
2. Full Process of Attaining The GI Tag Under The Legal Provisions Of Geographical Indications Of Goods (Registration & Protection) Act, 1999
The process of attaining the GI tag under the legal provisions of the Geographical Indications of Goods (Registration & Protection) Act, 1999:
- It all begins with inventorying and choosing an authentic indigenous local product to give that product a GI tag under the law. Consequently, the product is inventoried and the folklore gathered thereof is systematically documented. This part is done by the local community. The purpose of this step is to ensure that the selected product truly represents its specific geographical origin and possesses unique qualities that distinguish it from products produced elsewhere. Through these efforts, the cultural heritage and traditional practices associated with the product are also safeguarded, promoting socio-economic development and preserving local identity.
- After choosing the product, an application is required to be filed with the state government. The application is received from the Joint Committee of the Joint Management Council, which is a legal entity; formal twinning between the state body and the community. The Joint Management Committee has the Intellectual Property Rights cell, now known as the Innovation and IPR cell. This committee plays a crucial role in facilitating the application process, working closely with the local community and ensuring that all necessary documentation and evidence are provided to support the GI application.
- The Secretary of the Indian Institute of Intellectual Property confirms that the GI application conforms to the registration act of 1999. In the application, the process of making the product, the evidence of the uniqueness of the product, and the characteristics as described in the community folklore are given in the form of an affidavit. This ensures transparency and authenticity in the application process, allowing for a comprehensive understanding of the product and its significance within the community. The detailed description provided in the affidavit aids in evaluating the distinctiveness and special qualities of the product.
- The Trade and Commerce Department conducts hearings for the applicant and forwards the application to the Ministry of Commerce after confirming that the application has fulfilled all the legal requirements. The Ministry can conduct an opposition procedure under the seal of the Geographical Indications of Goods (Registration & Protection) Act, 1999. On the contrary, if the Ministry accepts it, then the GI board may advertise the draft notification for the GI tag in the official gazette. This step ensures that all stakeholders have an opportunity to express their views and raise any concerns regarding the product’s geographical indication. It also allows for a fair and impartial decision-making process, emphasizing the importance of public participation and feedback.
- Once the Secretary is appointed to conduct the investigation, he visits the concerned district and holds a public hearing at the district headquarters. While these reports are being sent to the GI board, the board may invite local representations to discuss the draft findings, especially from the perspective of the ease of filing the affidavits and other documents. Then the final investigations are ordered by the office of the Chairman GI in New Delhi. This thorough investigation ensures that all relevant factors are considered before a decision on the GI application is made. It provides an opportunity for members of the community to contribute their knowledge and expertise, strengthening the legitimacy of the GI registration process.
- The government also revisits the site of the claimed product or visits the community if the registration of the GI is eucalyptus-based. Then the government orders a detailed investigation of the GI application, which is then forwarded to the GI registration office. In the application, the applicants must provide all the information that is required for the public at large to analyse the application independently and without fear or hindrance. Once the GI tag is registered, the information is placed on the official website of the Geographical Indications Council to make it available to the public. This step ensures transparency and accessibility, allowing interested parties to access information about the registered GI products easily.
- Finally, once the GI application is filed, it may face changes or obstacles in the process, that is, en route to getting the GI tag. These can be felt from the earliest filing through to the registration or even later at any step after the tag has been listed. Thus, the procedure outlined above is the route open to secure a successful acquisition of the desired GI right, and as of this day, there have been three successful GI filings. These include the “USILAMPATTI PAI”, Coimbatore soft-fibrous turmeric, the “GORAKHPURI TURIA” aka the pointed gourd, which has a registered GI from Gorakhpur district, and the “IRANIAN SAFFRON”, which has a GI from Keshar district. The filing was done in 2011, and registration for the above-mentioned process was completed by the year 2013. These successful GI filings serve as examples of the effectiveness of the legal provisions in protecting and promoting unique products with geographical indications, ensuring their cultural, economic, and legal recognition.
3. Case Studies: Successful Implementation of GI Protection in India
India has 643 Geographical Indication (GI) products, each representing the country’s rich heritage and traditional craftsmanship. These include famous items like Darjeeling Tea, Basmati Rice, Chanderi Sarees, Pochampali Sarees, and Kancheepuram Silk, among others. However, GI products often face challenges in protecting their unique identity and ensuring proper recognition. For example, Basmati Rice has sparked international debates, while Darjeeling Tea has led to heated discussions within India.
The GI registration process requires collaboration between state associations and government bodies. However, current Intellectual Property Rights (IPR) rules often fail to fully meet the needs of these traditional producers. As these products gain global recognition, there is a growing need for a dedicated system to better protect and promote them. The government must reevaluate its strategies to ensure these products are preserved and celebrated without compromising their cultural essence. By doing so, India can safeguard its heritage and continue to share its authentic and cherished traditional products with the world.
4. Comparative Analysis and International Perspective
India’s rich diversity in culture, crafts, food, wildlife, and traditional practices has shaped the identity of its local and indigenous communities. Despite challenges like globalization and societal changes, efforts are growing to protect and promote these communities’ contributions. This is especially relevant in areas like Geographical Indications (GIs), Intangible Cultural Heritage, Traditional Knowledge, and biodiversity-related intellectual property.
However, the current intellectual property frameworks often fall short in effectively addressing the complexities of GIs. These challenges stem from the unclear definitions and diverse roles that GIs play. Since the first international agreement on intellectual property under the TRIPS Agreement, GIs have been a topic of debate, particularly concerning agriculture, trade, and origin-based products like wines and spirits. Unlike standard trademarks, GIs are given higher protection because of their direct link to the product’s unique qualities and origins.
5. Policy Recommendations and Future Directions.
Based on the analysis, we recommend policy measures to strengthen the system for registering and protecting Geographical Indications (GIs) while fostering inclusivity. The legal and policy framework for GIs should aim to:
- Incorporate Diverse Stakeholders: Ensure participation from local communities, indigenous groups, consumer networks, and sectors involved in GI production and consumption. This approach broadens the perspective and avoids domination by major exporting nations.
- Promote Inclusive Intellectual Property (IP) Systems: Develop IP arrangements that empower rural stakeholders, enabling them to leverage their knowledge, resources, and market opportunities. This includes encouraging the formation and management of cooperatives or associations of producers and processors with shared rights.
- Safeguard Access to Resources: Protect community access to land, natural, cultural, and intellectual resources integral to GI production. These resources must remain available to support sustainable, community-driven innovation and the creation of assets rooted in local environments and traditions.
- Facilitate Technical and Institutional Support: Strengthen mechanisms for technical, economic, and institutional collaboration that promote growth and development in GI-related initiatives. This includes creating opportunities for capacity building and sustainable innovation.
- Align with Local Governance: Establish a GI registration system that is locally managed or overseen by state-based institutions. These institutions must act in the best interests of the local stakeholders, using inter-governmental or aid-based resources to support their goals without undermining their primary objectives.
By implementing these measures, the GI system can preserve traditional knowledge, enhance local innovation, and ensure fair benefits for all stakeholders.
At Aumirah, we provide comprehensive solutions for issues related to Geographical Indications (GIs) by offering end-to-end legal advisory services, ensuring compliance with national and international laws. Our approach emphasizes strong protection through infringement monitoring, enforcement actions, and litigation, while also advocating for policy reforms to uphold community rights and cultural heritage.
Beyond protection, we support branding, market access, and sustainability planning for GI-tagged products, driving their long-term success. Through dispute resolution and capacity-building initiatives, we empower communities to maximize the potential of their GI assets, ensuring economic growth and cultural preservation.
