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1. What are geographical indications?
Geographical Indications (GIs) are signs used on goods that identify them as originating from a specific country, region, or locality, where their quality, reputation, or characteristics are essentially linked to that geographical origin, as defined under TRIPs and India’s GI Act, 1999.
2. What are the types of geographical indications?
There are two main types of GIs:
Geographical names, such as Darjeeling Tea, Scotch Whisky, and Kanjeevaram Sarees.
Non-geographical traditional names, such as Darjeeling Tea, Greek Olive Oil
3. What does a geographical indication protect?
A GI protects the goodwill, reputation, and premium value associated with goods produced in a specific region using traditional methods. It safeguards the collective identity and quality perception linked to the geographical origin.
4. Why is protection of a geographical indication important?
GI protection prevents misuse by unauthorized parties and protects consumers from counterfeit products. Without protection, a GI may become a generic name, resulting in loss of exclusivity, reputation, and market value for genuine producers.
5. How are geographical indications protected in India?
In India, GIs are primarily protected through registration under the Geographical Indications of Goods (Registration & Protection) Act, 1999. Alternatively, protection may also be obtained through Certification Trade Marks under the Trade Marks Act, 1999.
6. What is the effect if a Geographical Indication if it is not renewed?
If a registered geographical indication is not renewed it is liable to be removed from the register.
7. Can a registered geographical indication be assigned, transmitted, etc?
No. A geographical indication is a community right belonging to the producers of the concerned goods. It shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement However, when an authorised user dies, his right devolves on his successor in title.
8. How a geographical indication is different from a trade mark?
A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises. Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.
9. Can a registered geographical indication or a registered authorised user be removed from the register?
Yes. The Registrar of Geographical Indications has the power to remove the geographical indication or an authorized user from the register.further, on application by an aggrieved person action can be taken.
10. Who can initiate an infringement action?
The registered proprietor or authorised users of a registered geographical indication can initiate an infringement action.