Geographical Indications (GI) in India – procedure for registration, duration of protection, renewal – with case laws 

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Geographical Indications (GI): Procedure, Duration & Renewal

1. What is GI?

• A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics essentially linked to that origin.
• Example: Darjeeling Tea, Banarasi Saree, Mysore Silk.
• In India, GI is governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999.

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2. Procedure for Registration of GI

Step 1 – Application

• Filed to the GI Registry, Chennai (only one GI Registry in India).
• Must be filed by an association of persons, producers, or any organization/authority representing the interest of the producers.

Step 2 – Scrutiny by Registrar

• Registrar examines whether the application fulfills legal requirements.
• If incomplete → Registrar can ask for amendments.

Step 3 – Show Cause Notice

• If Registrar has objections → notice is issued.
• Applicant must reply within 2 months.

Step 4 – Publication in GI Journal

• If accepted, the GI is published in the Geographical Indications Journal for public objections.

Step 5 – Opposition (if any)

• Any person can file an opposition within 3 months (extendable to 1 month).
• Registrar hears both sides and decides.

Step 6 – Registration

• If no opposition (or opposition fails), GI is registered and a Certificate of Registration is issued.

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3. Duration of Protection

• GI is registered for 10 years.
• Can be renewed indefinitely for further periods of 10 years each.

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4. Renewal

• Renewal request must be filed before expiry.
• If not renewed → Registrar may remove the GI from the register.
• However, restoration can be requested within 1 year of removal by paying additional fees.

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Important Case Laws

(A) Tea Board of India vs ITC Limited (2011, Calcutta High Court)

• Facts:
  Tea Board of India owned the GI "Darjeeling Tea". ITC Limited opened a lounge called "Darjeeling Lounge" in one of its hotels. Tea Board objected, saying it misused GI.
• Issue:
  Whether use of "Darjeeling Lounge" by ITC amounted to infringement of GI.
• Decision:
  The Court held that ITC did not sell tea under the name “Darjeeling” but only used it for a lounge. This was not GI infringement.
• Principle:
  GI protection is only against misuse in relation to goods, not for general trade names.

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(B) The Scotch Whisky Association vs Golden Bottling Ltd. (2006, Delhi High Court)

• Facts:
  Scotch Whisky Association claimed that "Scotch" can only be used for whisky made in Scotland. Golden Bottling sold whisky in India using the word “Scotch”.
• Issue:
  Whether using "Scotch" for Indian whisky violated GI rights.
• Decision:
  Court held yes – use of “Scotch” for Indian whisky misleads consumers. Protection of GI is meant to prevent false origin claims.
• Principle:
  GI ensures that consumers are not deceived and genuine producers are protected.

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(C) Bikaner Sweets Pvt. Ltd. vs Rajasthan State (2020) (GI tag dispute for “Bikaneri Bhujia”)

• Facts:
  GI tag was given for "Bikaneri Bhujia". Some manufacturers outside Bikaner were using the name.
• Decision:
  Only producers from Bikaner region can use the name “Bikaneri Bhujia”.
• Principle:
  GI strictly ties goods to their geographical origin and reputation.

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Conclusion (for exam writing)

• Registration: Application → Examination → Publication → Opposition → Registration.
• Duration: 10 years.
• Renewal: Unlimited, every 10 years.
• Case laws:
  1. Tea Board of India v. ITC Ltd. → GI only protects goods, not general names.
  2. Scotch Whisky Assn. v. Golden Bottling → Prevents consumer deception.
  3. Bikaner Sweets v. Rajasthan State → GI limited to authentic producers.

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