Geographical Indications Registration

What is a Geographical Indications Registration?

A geographical indication (GI) is a sign that is used in relation to products or goods that possess specific qualities, characteristics or reputation, that is attributable to place of its geographical origin. … This Act aimed at providing for the registration and better protection of geographical Indications of goods

Why we use Geographical Indications Registration ?

A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards. Protection for a geographical indication is usually obtained by acquiring a right over the sign that constitutes the indication.

What Cannot be Registered As A Geographical Indications ?

Under Section 9 of the Act, the following indications cannot be registered: which would likely to deceive or cause confusion. which would be contrary to any law for the time being in force; or. which comprises or contains scandalous or obscene matter

Flow Chart from filing stage of application till Certificate stage

Landmark Cases - Geographical Indications Registration

1. Tea Board vs Itc Limited on 20 April, 2011

The GI Act announces in its preamble that it provides for the registration and better protection of geographical indications relating to goods. In its statement of objects and reasons, the bill that preceded the Act proclaimed that unless a geographical indication was protected in the country of its origin, there would be no obligation under the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) for other countries to extend reciprocal protection and that would be to the detriment of goods bearing Indian geographical indications in the international market. Section 2(1)(f) of the GI Act defines “goods” to mean any agricultural, natural or manufactured goods or any goods of handicraft or of industry including foodstuff. The following sub-section gives an inclusive definition of “indication” to imply any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of the goods to which it applies. Section 2(1)(e) of the GI Act is of the very essence of this statute:

2. The Scotch Whisky Association, ... vs Golden Bottling Limited on 20 April, 2006

It is submitted by learned Counsel for the Plaintiffs that under the WTO TRIPS Agreement, protection is provided for geographical indications in terms of Article 22 thereof. Article 22.1 defines geographical indications as indications, which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

3. Nbu Bearings Private Limited And ... vs Union Of India And 4 Ors on 12 March, 2021

 “intellectual property” means a copyright as defined in the Copyright Act, 1957, trade mark as defined in the Trade Marks Act,1999, patent as defined in the Patents Act, 1970, design as defined in the Designs Act, 2000 and geographical indications as defined in the Geographical Indications of Goods (Registration and Protection) Act, 1999;

 ” Intellectual property law” means the Copyright Act, 1957, the Trade Marks Act,1999, the Patents Act, 1970, the Designs Act, 2000 or the Geographical Indications of Goods (Registration and Protection) Act, 1999 ;

4.Unknown vs Itc Limited on 4 February, 2019

According to the defendant, there is no cause of action for filing the suit. The suit is barred by the law of limitation. There has been neither any violation of trademark, nor is there any passing off. Since the plaintiff had only certification trademark, no right or cause of action could arise for the plaintiff under such certification trademark against the defendant’s using the “DARJEELING LOUNGE”. The plaintiff has also no right to sue the defendant for the alleged cause of action under Geographical Indication Act, 1999 either. According to the defendant, suit is not maintainable in view of Section 26 of the Geographical Indication Act, 1999 and particularly that the word ‘DARJEELING’ is also being used as a corporate name by many others against whom no action has been taken by the plaintiff.

5.The State Of Madhya Pradesh vs The Intellectual Property ... on 5 February, 2016

1. The Intellectual Property Appellate Board, Chennai Guna Complex, Annexe-1 2nd Floor, No.443, Anna Salai Teynampet, Chennai – 600 018

2. The Agricultural and Processed Food Products Export Development Authority 3, NUCI Building, Siri Institutional Area August Kranti Marg New Delhi – 110 016

3. The Assistant Registrar of Geographical Indications Office of the Geographic Indications Registry IP Building, GST Road, Guindy Chennai – 600 032  wp 5798 of 2016