Geographical Indications Law in India
India's legal framework for Geographical Indications (GIs) is established under the Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into effect on September 15, 2003. This legislation aligns with the TRIPS Agreement of the World Trade Organization (WTO) and provides a comprehensive system for the registration and protection of GIs in India
🏛️ Key Features of the GI Act, 1999
Definition of GI: A Geographical Indication is an indication that identifies goods as originating from a specific location, where a particular quality, reputation, or characteristic is essentially attributable to its geographical origin.
Scope: The Act covers agricultural, natural, and manufactured goods, including handicrafts, textiles, and food products.
Registration: GIs are registered in two parts: Part A for the GI itself and Part B for authorized users.
Duration: The registration is valid for 10 years and can be renewed indefinitely for subsequent periods of 10 years.
Infringement and Penalties: Unauthorized use of a registered GI is considered infringement, punishable by imprisonment (minimum six months to maximum three years) and fines (minimum ₹50,000 to maximum ₹2,00,000).
📝 GI Registration Process in India
Eligibility: Any association of persons, producers, or organizations representing the interests of producers can apply.
Application Submission: The application must be filed with the Geographical Indications Registry in Chennai, including details about the product, its geographical origin, proof of uniqueness, and supporting documents like maps and photographs
Examination: The Registrar examines the application for compliance with the Act and may seek additional information or clarification
Publication: If accepted, the application is published in the Geographical Indications Journal to invite oppositions within a specified period. (IJIRL)
Opposition (if any): If oppositions are filed, a hearing is conducted, and the Registrar decides on the matter. (IJIRL)
Registration: Upon successful completion of the above steps, the GI is registered, and a certificate is issued to the applicant.
🌟 Benefits of GI Registration
Legal Protection: Prevents unauthorized use of the GI by others.(The Legal School)
Market Differentiation: Helps consumers identify authentic products with specific qualities.(arcticinvent.com)
Economic Benefits: Enhances the marketability and export potential of GI-tagged products.(arcticinvent.com)
Preservation of Heritage: Protects traditional knowledge and cultural heritage associated with the product.
📈 Recent Developments
As of May 2025, India has seen a significant number of GI applications and registrations. For instance, Andhra Pradesh's renowned Polavaram cotton sarees have recently sought GI registration to protect and promote their unique handloom heritage. This initiative reflects the growing awareness and importance of GIs in preserving regional specialties.
📌 Notable GI-Registered Products in India
Agricultural Products: Darjeeling Tea, Malabar Pepper, Nagpur Oranges.
Handicrafts: Kanchipuram Silk Sarees, Madhubani Paintings, Solapuri Chaddars.
Food Items: Bikaneri Bhujia, Tirupati Laddu, Hyderabadi Haleem.
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