The Geographical Indications of Goods (Registration and Protection) Act, 1999
📘 Background
India passed the Geographical Indications of Goods (Registration and Protection) Act in 1999, and it came into force in 2003. The Act was introduced to fulfill India’s obligations under the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) under the WTO.
It is administered by the Geographical Indications Registry under the Controller General of Patents, Designs, and Trade Marks, Chennai.
🎯 Objectives of the Act
To protect the unique identity of goods originating from specific geographical locations.
To prevent unauthorized use or imitation of registered GIs.
To promote economic prosperity of producers and artisans.
To preserve traditional knowledge and cultural heritage.
🗂️ Key Concepts
🔹 What is a Geographical Indication (GI)?
A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
Examples:
Darjeeling Tea (West Bengal)
Kanchipuram Silk Sarees (Tamil Nadu)
Mysore Sandalwood Oil (Karnataka)
Basmati Rice (Northern India)
⚖️ Key Provisions of the Act
🔸 Section 2(1)(e) – Definition of GI
A GI refers to an indication that identifies a product as originating from a particular place where a given quality, reputation, or characteristic of the good is essentially attributable to its geographical origin.
🔸 Section 3–9 – Registration of GIs
Only a producer group, association of persons, or an organization can apply for GI registration.
The application must describe:
The product
Its geographical area
The unique characteristics
Evidence of link to that place
🔸 Section 16 – Duration and Renewal
GI registration is valid for 10 years and can be renewed indefinitely in blocks of 10 years.
🔸 Section 21 – Infringement of GI
A person is said to infringe a GI if:
They use a registered GI without authorization.
Use it in a way that misleads consumers about the true origin.
Use terms like "style", "imitation", or "type" to falsely indicate a connection to the original GI product.
🔸 Section 22 – Remedies for Infringement
The registered proprietor can file a civil suit for:
Injunctions
Damages
Delivery of goods bearing false GIs
🔸 Section 39 – Penalties
Infringement is a criminal offense.
Penalty includes:
Imprisonment up to 3 years
Fine up to ₹2 lakh
Both
🏛️ Important Case Laws
1. Tea Board of India v. ITC Ltd. (2011)
Facts: ITC used the name "Darjeeling Lounge" for its restaurant. Tea Board, which owns the GI "Darjeeling", objected.
Held:
The court held that just using the name "Darjeeling" in a restaurant context did not infringe the GI, since it was not used for selling tea.
This case clarified that use of a GI name outside the context of the actual registered good may not always amount to infringement.
2. Scotch Whisky Association v. Golden Bottling Ltd. (2006)
Facts: An Indian company was selling a liquor product with the name "Red Scot", creating confusion with "Scotch".
Held:
Delhi High Court ruled in favor of Scotch Whisky Association.
Held that “Scotch” is a protected GI for whisky from Scotland, and using similar names is misleading and infringing.
3. Rasna Pvt. Ltd. v. Ashok Traders (2004)
Facts: The defendants used the name "Rasna" on their product, claiming it as a GI from a village called Rasna.
Held:
The court held that just because a place has the same name as a brand, it cannot be used to infringe a registered brand or GI.
Helped distinguish between trademarks and GIs.
🌍 Significance of the Act
✅ For Producers:
Ensures exclusive rights and economic benefits.
Prevents misuse by others.
Enhances marketability and export potential.
✅ For Consumers:
Ensures authenticity and quality.
Protects from misleading goods.
✅ For India:
Preserves cultural and traditional heritage.
Promotes rural and artisanal industries.
Boosts international recognition (e.g., "Darjeeling Tea" was the first Indian GI registered internationally in the EU).
🇮🇳 Examples of Indian GIs
| Product Name | State/Region |
|---|---|
| Darjeeling Tea | West Bengal |
| Mysore Silk | Karnataka |
| Banarasi Sarees | Uttar Pradesh |
| Pochampally Ikat | Telangana |
| Alphonso Mango | Maharashtra |
| Basmati Rice | Punjab, Haryana, etc. |
| Aranmula Kannadi | Kerala |
| Bhut Jolokia (Chili) | Assam |
🧾 Conclusion
The Geographical Indications of Goods (Registration and Protection) Act, 1999 is a crucial law that protects India’s rich traditional knowledge, cultural products, and regional specialties. It provides a legal framework to ensure that only authorized users can use the name of a GI product, thereby safeguarding authenticity and heritage.
This Act is not just about intellectual property—it's a tool for rural development, economic empowerment, and cultural preservation.
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