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Registration, Duration of Protection & Renewal of Geographical Indications (GI)

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1. Introduction

• A Geographical Indication (GI) is a sign used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics linked to that place.
• Protected in India by the Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act).
• Examples: Darjeeling Tea, Banarasi Saree, Kanchipuram Silk, Kolhapuri Chappal.

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2. Procedure for Registration of GI

(Sections 11 to 19, GI Act 1999)

1. Application (Section 11)

   • Any association of persons, producers, or organization representing producers may apply.
   • Application must contain:
     • Name of GI,
     • Class of goods,
     • Geographical map of region,
     • Proof of origin,
     • Particulars of producers.

2. Preliminary Scrutiny & Examination (Section 11–12)

   • The Registrar of GI examines the application.
   • If found defective, applicant is asked to correct it.

3. Show-Cause Notice (Section 12)

   • If Registrar has objections, applicant must reply within time.

4. Publication (Section 13)

   • If accepted, the application is published in the GI Journal for public notice.

5. Opposition (Section 14)

   • Any person can oppose the registration within 3 months (extendable to 4 months) from publication.

6. Hearing of Opposition

   • Registrar hears both parties and decides.

7. Registration (Section 16)

   • If accepted, the GI is entered into the Register of GI and a Certificate of Registration is issued.
   • Example: Darjeeling Tea was the first GI registered in India (2004-05).

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3. Duration of Protection

• Section 18(1), GI Act → A GI is registered for 10 years.

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4. Renewal of GI

• Section 18(2), GI Act →
  • Registration can be renewed for further 10-year periods from time to time.
  • Renewal must be filed before expiry, along with prescribed fee.
• Section 19, GI Act →
  • If not renewed, GI may be removed from the register.
  • However, it can be restored within 1 year from expiry on payment of additional fees.

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5. Case Laws

(i) Tea Board of India v. ITC Ltd. (2011, Calcutta HC)

• Issue: ITC used the name “Darjeeling Lounge” without selling Darjeeling Tea.
• Held: This misled the public and diluted the reputation of the registered GI “Darjeeling Tea.”
• Importance: Shows the value of registered GI protection.

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(ii) Scotch Whisky Association v. Pravara Sahakar Karkhana Ltd. (1992, Bombay HC)

• Indian company used “Scotch Whisky” for its liquor.
• Court: Only whisky produced in Scotland can use the term “Scotch.”
• Importance: Appellation of origin protected even before India’s GI Act.

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(iii) Bikanerwala v. New Bikanerwala (Delhi HC, 2005)

• “Bikaner” has reputation in sweets and snacks.
• Court held that using “Bikanerwala” by non-genuine producers could mislead consumers.
• Importance: GI names must be protected to prevent passing off.

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6. Conclusion

• Procedure: Application → Scrutiny → Publication → Opposition → Registration (Sec. 11–16).
• Duration: 10 years (Sec. 18).
• Renewal: Can be renewed indefinitely for 10 years each time (Sec. 18–19).
• Case laws show why registration and renewal are necessary to maintain the value and reputation of GI products.