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Geographical Indications

Geographical Indications (GIs) certify the origin and quality of goods, safeguarding traditional methods and local economies. Governed by the Geographical Indications of Goods Act, GIs are registered for ten years and can be renewed to maintain protection and reputation.

Overview

Geographical Indications are signs, which identify a good as originating in a particular territory or a region or locality, 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. In India Geographical Indications is governed by the Geographical Indications of Goods (Registration & Protection) Act, 1999. The main use of a Geographical Indication is that it acts as an indication that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its Geographical origin. 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 the registration of the Geographical Indication.

A Geographical Indication is registered for a period of ten years and the registration may be renewed from time to time on payment of renewal fees.

Execution

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Our Geographical Indicators Team

Gunjan Paharia (10 years in Trademarks)

Gunjan was admitted to the Bar in 1999. She briefly worked at a couple of law firms prior to founding the firm ZeusIP Advocates in 2004….

Naveen Verma (Senior Partner)

Naveen is a practicing Patent Attorney in India. He is qualified Mechanical Engineer and an advocate enrolled with the Bar Council of Delhi….

Naqeeb Nawab (Partner)

Naqeeb started his legal career in 2003 practicing in the Delhi High Court and Jammu & Kashmir High Court with leading litigating lawyers…

FAQs related to Geographical Indications

What is a Geographical Indication (GI)?

A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities, a reputation, or characteristics inherent to that location. Examples include Basmati rice, Darjeeling tea, and Kolhapuri chappals.

How does a Geographical Indication benefit producers?

A GI protects producers by ensuring only those in a specific region who follow certain standards can use the name. It boosts the product’s reputation, adds market value, and supports local economies by promoting traditional methods and unique qualities tied to a specific region.

Who can apply for a Geographical Indication registration in India?

Associations of persons, producers, organizations, or authorities representing the interests of the product's producers can apply. They must be established by or under a law in force and must represent the interests of the concerned goods.

How long does a Geographical Indication registration last in India?

The registration lasts for ten years, after which it can be renewed upon payment of renewal fees.

Can a GI registration be transferred or licensed?

No, a GI cannot be transferred or licensed as it is specific to a particular geographical area and a group of producers. The rights are collective and meant to protect the reputation of the region’s products.

What happens if someone misuses a registered GI?

Unauthorized use of a GI is considered infringement and is punishable under the law. Legal action can be taken to prevent misuse and protect the product’s authenticity and reputation.

What is a Geographical Indication?

Geographical Indication also known as GI, as defined in Section 2(1)(e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999 is an indication which identifies goods mentioned below which attribute to the geographical origin of them.

- Agricultural goods

- Natural goods

- Manufactured goods

What is an Essentially Derived Varieties (EDV)?

Essentially Derived Varieties (EDV) means a variety which has been essentially derived from existing variety by any of the following means:

Genetic Engineering
Mutation
Tissue Culture Derived
Back Cross Derivative
Any other (Ploidy change etc.)

What is a Farmers' Variety ?

A variety which:

has been traditionally cultivated and evolved by the farmers in their fields.
is a wild relative or land race or a variety about which the farmers possess the common knowledge.

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Our Other Practices

Patents

Patent grants exclusive invention rights to its legal owner.

Trademarks

Patent grants exclusive invention rights to its legal owner.

Copyrights

Copyright grants exclusive reproduction rights for creative works temporarily.

Designs Protection

Designs Act, 2000: Visual features judged by an article's appearance.

Protection of Plant Varities and Farmers Rights

PPV & FR Act established Authority in 2005 enactment.

Geographical Indications

Geographical Indications show goods' origin, qualities, and reputation.

Litigation

Intellectual Property (IP) litigation involves legal disputes over patents, trademarks, copyrights, and trade secrets.

Our Other Practices

Patents

Patent is a statutory Intellectual Property Right which grants exclusive rights to the owner of an invention.

Trademarks

A trademark is a unique symbol representing goods or services, distinguishing them from others.

Copyrights

Copyright grants exclusive rights to reproduce, distribute, and perform creative works for a limited time.

Designs Protection

According to the Designs Act, 2000, a design pertains to the visual features of an article judged solely by appearance.

Litigation

Intellectual Property (IP) litigation involves legal disputes over patents, trademarks, copyrights, and trade secrets.

Geographical Indications

Geographical Indications denote goods' origin, showcasing qualities and reputation attributed to their specific locale.

Protection of Plant Varities and Farmers Rights

The PPV & FR Act established the Authority in 2005, following its enactment in 2001.