India: Protection Of Geographical Indications

A geographical indication is a sign which is used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. Geographical Indication is primarily granted to agricultural, natural, manufactured, handicraft originating from a definite geographical territory.

Article 22 of the TRIPS Agreements defines Geographical Indication 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 geographical origin".¹

Consequently, upon India joining as a member state of the TRIPS Agreement sui-geneis legislation for the protection of geographical indication was enacted in 1999. The object of the Geographical Indications of Goods (Registration and Protection) Act, 1999, is three fold,

1. By specific law governing the geographical indication of goods in the country which could adequately protect the interest of producers of such goods,

2. To exclude unauthorized persons from misusing geographical indications and to protect consumers from deception and,

3. To promote goods bearing Indian Geographical Indication in the export market.²

A registered Geographical Indications prohibit a third party to use such Geographical indication by any means in the designations or presentations of goods that indicate that such goods originates in a geographical area. Read more