Geographical Indication- Protection of the Identity

Products need a designation to protect itself, its uniqueness and give itself a name or an identity. Geographical indication (GI) does this. It is a sign or a name used on products that have specific geographical origin and possess qualities or a reputation that are essentially due to that origin, connecting thr product’s unique characteristics to its specific place of origin. GIs are a form of intellectual property that protects these specific products and their connections to a place. They are protected under international agreements like the World Trade Organization’s Trade Related Aspects of Intellectual Property Rights (TRIPS).

The act that resolves the issue maybe called as the Geographical Indication of Goods (Registration and protection) Act, 1999 extending to the whole of India.  It shall come into force on such date ¹ as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. The Controller – General of Patents, Design and Trade marks appointed under sub section (1) of section 3 of the Trade Marks Act, 1999, shall be the Registrar of the Geographical Indications.

For the purposes of this Act, a record called the Register of geographical indications shall be kept at the head office of the Geographical Indications Registry, wherein shall be entered all registered geographical indications with the names, addresses and descriptions of the proprietors, the names , addresses and descriptions of authorised users and such other matters relating to registered geographical indications as may be prescribed and such registers may be maintained wholly or partly on computer.  Notwithstanding anything contained in sub-section (1), it shall be lawful for the Registrar to keep the records wholly or partly in computer floppies or diskettes or in any other electronic form, subject to such safeguards as may be prescribed. Where such register is maintained wholly or partly in computer floppies or diskettes or in any other electronic form under sub-section (2), any reference in this Act to any entry in the register shall be construed as the reference to the entry as maintained on computer floppies or diskettes or in any other electronic form, as the case may be. No notice of any trust, express or implied or constructive, shall be entered in the register and no such notice shall be receivable by the Registrar. Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Registrar. There shall be kept at each branch office of the Geographical Indications Registry a copy of the register and such other documents mentioned in section 78 as the Central Government may, by notification in the Official Gazette, direct.

While we talked about the register of geographical indications, it’s important to mention the prohibition of registration of geographical indication as a trade mark. Notwithstanding anything contained in the Trade Marks Act, 1999 (47 of 1999), the Registrar of Trade Marks referred to in section 3 of that Act, shall, Suo motu or at the request of an interested party, refuse or invalidate the registration of a trade mark which– contains or consists of a geographical indication with respect to the goods or class or classes of goods not originating in the territory of a country, or a region or locality in that territory which such geographical indication indicates, if use of such geographical indications in the trade mark for such goods, is of such a nature as to confuse or mislead the persons as to the true place of origin of such goods or class or classes of goods; contains or consists of a geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22. The penalty for applying for false geographical indications is any person who falsifies any geographical indication; or falsely applies to goods any geographical indication; or makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a geographical indication; or applies to any goods to which an indication of the country or place in which they were made or produced or the name and the address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 71, a false indication of such country, place, name or address; or tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 71; or causes any of the things above-mentioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

After mentioning the bare act for the definition, procedure, offence and penalties, mentioning a few of GIs of India should be important. They are Darjeeling Tea of West Bengal, known for its distinctive aroma and flavour, Alphonso Mango from Maharashtra for its unique taste and texture, Kasmir Saffron from Jammu and Kashmir for its delicate threads, Mysore Silk from Karnataka for its high-quality fabric and texture and there are a lot more than what’s mentioned here. The GI tagged Kolhapuri Chappal, originated and handcrafted in Maharashtra was recently shown in the Prada runway which faced backlash by the artisans as they argued that it’s the violation of GI tag and is cultural appropriation. Prada has to later acknowledge it. The GI plays an important part in protecting and maintaining the culture, origin and acknowledgement of the product.