Geographical Indication Registration Process and Importance

India has many products whose identity comes from their place of origin. Geographical Indication Registration helps protect such goods by legally recognizing their connection with a specific region. By opting for Geographical Indication Registration, producers can safeguard traditional knowledge, prevent misuse of product names, and enhance the commercial value of regional goods.

What is Geographical Indication Registration?

A Geographical Indication (GI) is a special name or sign on products. It shows they come from a specific region. Their quality or fame links directly to that origin. Darjeeling Tea and Kashmiri Pashmina are examples. Understanding Geographical Indication Registration is crucial for protecting such unique goods.

What is a Geographical Indication?

A Geographical Indication (GI) is a name or sign used on products that originate from a particular location. The quality, reputation, or characteristics of these goods are essentially linked to their geographical origin, which is why Geographical Indication Registration becomes important for long-term protection.

Examples include:

• Darjeeling Tea

• Banarasi Sarees

• Kashmiri Pashmina

Importance of GI Registration

The importance of Geographical Indication Registration goes beyond legal protection.

• Prevents unauthorized use of product names

• Protects traditional skills and cultural heritage

• Enhances product value through Geographical Indication Registration

• Supports local producers and rural development

• Improves domestic and international market recognition

Indications Not Registrable

Certain indications are not eligible for Geographical Indication Registration, such as:

• Generic terms

• Misleading or false geographical claims

• Obscene or scandalous indications

• Terms against public order or religious sentiments

Affidavits and Inspection of Documents

Applicants or producers must file sworn affidavits. These must follow the Act's rules. If sworn outside India, they need proper certification. The GI Registry allows public inspection of certain application documents. This ensures transparency in the registration process.

Geographical Indication Registration

The Geographical Indication Registration process in India involves multiple steps to ensure authenticity and accuracy.

Step 1: Filing Application

The first step for Geographical Indication Registration is submitting an application. Applicants must check eligibility under Section 2(1)(e) of the GI Act, 1999. An association of producers or organization represents the interests of producers. They must provide an affidavit confirming this representation. Required documents include three copies of the application, a detailed statement of case, special features of the product, a region map, and details of any inspection structure. Applicant information, including name and address, is also needed. Applications go to the Geographical Indications Registry in Chennai. A legal practitioner or registered agent can file the application.

Step 2 & 3: Preliminary Scrutiny and Examination

The Registry checks the application for errors or missing information. Applicants must fix issues within one month. Experts then review the statement of case. They confirm details like product features, map accuracy, and inspection structures. An examination report summarizes findings and suggests corrections.

Step 4: Show Cause Notice

If the Registrar finds objections, a show-cause notice is issued. This explains the reasons for objection. The applicant must respond within two months. They can also request a hearing. The Registrar's decision is communicated. The applicant can appeal within one month. The Registrar can withdraw an application if accepted in error, after a hearing.

Step 5: Publication in Journal

Accepted applications appear in the Geographical Indications Journal. This happens within three months. Publication ensures transparency. It allows the public to oppose the registration.

Step 6: Opposition to Registration

Any person can oppose registration within three months of publication. This period can extend by one month. The applicant must file a counter-statement within two months of receiving an opposition. Failure to do so abandons the application. Both parties present evidence through affidavits and documents. A hearing date is set once evidence is received.

Step 7: Registration

If no opposition arises or it is dismissed, the GI is registered. The Geographical Indications Registry issues a certificate with an official seal. The registration date is the application filing date.

Step 8: Renewal

A registered GI is valid for 10 years. This period starts from the registration date. It can be renewed for another 10 years by submitting a renewal application and fee.

Step 9: Additional Protection

The GI Act offers extra protection for specific goods. These goods are notified by the central government. A joint application from the proprietor and all GI producers is needed for this protection.

Step 10: Appeal

A person can appeal the Registrar's decision to the Intellectual Property Appellate Board (IPAB). This must happen within three months.