Geographical Indications

112. What does the term 'Geographical Indications (GI)' stand for?
113. Who can apply for GI's registration?
114. Who is a registered proprietor of a geographical indication?
115. Who can use the registered geographical indication?
116. Who is an ‘authorised user’?
117. Who can be considered a ‘producer’ for the purposes of this act?
118. Can all geographical indications be registered?
119.What is the punishment in the Act for falsifying GI?
120. What is the term of GI protection?
121. What is the cost of registering a GI in India?

112. What does the term 'Geographical Indications (GI)' stand for?

The term GI has been defined as "Geographical Indications", in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

113. Who can apply for GI's registration?

Any association of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods, who are desirous of registering geographical indication in relation to such goods shall apply in writing to the Registrar in such' form and in such manner and accompanied by such fees as may be prescribed for the registration of the geographical indication.

114. Who is a registered proprietor of a geographical indication?

Any association of persons or of producers or any organisation or authority established by or under the law can be a registered proprietor. Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for.

115. Who can use the registered geographical indication?

An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered.

116. Who is an ‘authorised user’?

‘Authorised user’ is any person claiming to be the producer of the goods in respect of which a geographical indication has been registered. For becoming an authorized user the person has to apply in writing to the Registrar in prescribed manner and by paying requisite fee.

117. Who can be considered a ‘producer’ for the purposes of this act?

‘Producer’ in relation to goods, means any person who :-
(a) Produces, processes or packages agricultural goods
(b) Exploits natural goods
(c) Makes or manufactures handicraft or industrial goods.

118. Can all geographical indications be registered?

No, a GI cannot be registered if :-
• its use is likely to deceive or cause confusion or be contrary to any law;
• it comprises or contains scandalous or obscene matter or any matter likely to hurt religious susceptibilities of any class or section of the citizens of India;
• it is a generic name;
• it has ceased to be protected in their country of origin or which have fallen into disuse in that country;
• it is falsely represented by persons claiming that goods originate in another territory, region or locality as the case may be.

119. What is the punishment in the Act for falsifying GI?
A sentence of imprisonment for a term between six months to three years and a fine between fifty thousand rupees and two lakh rupees is provided in the Act. The court may reduce the punishment under special circumstances.

120. What is the term of GI protection?

The registration of a GI shall be for a period of ten years but may be renewed from time to time for an unlimited period by payment of the renewal fees.

121. What is the cost of registering a GI in India?

Some important fees are given below:-

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