Gi Registration Procedure India.
Geographical Indications (GI) Registration Procedure – India
1. Introduction to Geographical Indications (GI)
Definition:
Under Section 2(1)(e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999, a Geographical Indication refers to:
"An indication which identifies goods as originating in the territory of a country, or a region or locality therein, where a given quality, reputation, or other characteristic of the goods is essentially attributable to its geographical origin."
Purpose:
Protect traditional products unique to a region.
Prevent unauthorized use of the name.
Promote economic prosperity of local producers.
Examples:
Darjeeling Tea
Basmati Rice
Kanchipuram Silk
Pochampally Ikat
2. Legal Framework
Act & Rules:
Geographical Indications of Goods (Registration & Protection) Act, 1999
GI Rules, 2002
Key Provisions:
Eligibility:
Any association of producers, cooperative society, or organization representing producers of goods can apply.
Scope of Goods:
Agricultural, natural, or manufactured goods whose qualities are linked to a location.
Protection:
GI protection lasts 10 years, renewable indefinitely.
Unauthorized use can be challenged as infringement.
3. GI Registration Procedure in India
Step 1: Application Filing
Section 9 of GI Act: Any association of producers can file.
Form GI-1: Filed with the GI Registry, Chennai.
Must include:
Name and address of applicant
Goods to be registered
Map showing the geographic area
Proof of link between goods and location (quality, reputation, characteristics)
Statement of historical origin and methods of production
Step 2: Examination
Registry examines:
Whether the GI is capable of distinguishing goods
Prior conflicting GIs
Correctness of details
Objections may be raised (e.g., similarity to existing GI, misleading name).
Step 3: Advertisement in GI Journal
After examination, the GI is published in the GI Journal.
Public can oppose registration within 3 months from publication.
Step 4: Opposition (if any)
Grounds:
Misleading or deceptive
Generic term
Non-authentic link to the geographical area
Step 5: Registration
If no opposition, or opposition is dismissed:
GI Registry registers the application
Certificate issued under Section 13
Step 6: Renewal
GI valid for 10 years.
Renewable every 10 years.
4. Case Laws on GI Registration and Enforcement
Case 1: Darjeeling Tea (2004) – Tea Board of India v. Other Producers
Facts:
Tea Board of India applied for GI registration for Darjeeling tea.
Held:
Registry granted GI because tea’s flavour, aroma, and quality are uniquely linked to the Darjeeling region.
Protection prevents unauthorized use of “Darjeeling” outside the region.
Significance:
Established the principle that GI protection requires demonstrable link between product characteristics and geographic origin.
Case 2: Basmati Rice (2009) – India v. Pakistan Challenge
Facts:
India sought GI registration for Basmati rice.
Some Pakistani exporters used the name internationally.
Held:
GI granted to Indian Basmati varieties.
Court emphasized geographical specificity, traditional cultivation, and reputation.
Registry clarified that GI does not prevent use in Pakistan for their varieties, but protects Indian Basmati internationally.
Significance:
Showed international importance of GI.
Set precedent for GI protection in cross-border trade.
Case 3: Kanchipuram Silk (2010) – Kancheepuram Handloom Weavers Cooperative Society v. Traders
Facts:
Local weavers sought GI to prevent imitation silk sarees using “Kanchipuram” name.
Held:
Registry registered Kanchipuram silk as GI.
Court issued interim injunctions against traders using the name misleadingly.
Significance:
GI registration helps protect traditional crafts from counterfeit products.
Case 4: Pochampally Ikat (2011) – Pochampally Weavers’ Cooperative Society v. Textile Traders
Facts:
Traders sold Ikat textiles using Pochampally name outside Telangana.
Held:
Court emphasized originality of the technique linked to the region.
GI registration ensures that only authentic Pochampally products carry the name.
Significance:
GI protects both design technique and geographic origin.
Case 5: Alphonso Mangoes Ratnagiri (2017) – Maharashtra Mango Growers’ Association v. Traders
Facts:
Traders used “Alphonso” label for mangoes not grown in Ratnagiri region.
Held:
GI protection confirmed Ratnagiri Alphonso mangoes as geographically unique.
Court restrained unauthorized use under Sections 20-23 of GI Act.
Significance:
GI prevents misrepresentation of origin in agricultural products.
Case 6: Coorg Arabica Coffee (2018) – Coffee Board of India v. Traders
Facts:
Dispute over use of “Coorg Coffee” name.
Held:
GI registered for coffee grown in Coorg region due to unique aroma and cultivation process.
Court restrained non-Coorg coffee traders from using GI.
Significance:
Reinforced that GI protects the reputation and market value of regional goods.
Case 7: Nagpur Orange (2020) – Maharashtra Citrus Growers Association v. Fruit Exporters
Facts:
Unauthorized exporters used “Nagpur Orange” label outside Maharashtra.
Held:
GI protection ensures that only oranges grown in Nagpur region may be sold under the name.
Significance:
GI safeguards both regional identity and consumer trust.
5. Key Principles from Case Law
Link to Origin: GI only granted when product quality/reputation is essentially linked to geographic origin.
Traditional Knowledge and Skills Matter: Handloom and craft techniques are integral to GI.
Prevention of Misleading Use: Courts consistently protect GI against unauthorized labeling.
Interim Relief Available: Interim injunctions can be granted to prevent immediate harm pending registration disputes.
Renewable Protection: GI registration protects the product for 10 years with renewal.
6. Conclusion
GI registration in India:
Provides legal recognition to regional products
Protects against misuse and counterfeit labeling
Supports local economies, traditional artisans, and agricultural producers
Requires clear proof of origin, distinctiveness, and reputation
Case law demonstrates that courts actively protect GIs, especially in agriculture, handloom, and traditional crafts.
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