Geographical Indications (GIs)
1. Meaning and Concept
A Geographical Indication (GI) is a type of Intellectual Property Right (IPR) that identifies goods as originating from a specific geographical region, where the quality, reputation, or other characteristics of those goods are essentially linked to that place.
In simple words —
ЁЯСЙ GI means “the name or sign used on products that come from a specific place and have special qualities due to that location.”
Example:
- Darjeeling Tea – famous because it is grown in Darjeeling hills, having a unique aroma and taste.
- Kanchipuram Silk, Banarasi Saree, Nagpur Orange, Mysore Sandal Soap, etc.
2. Legal Definition
Under Section 2(1)(e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999 (India):
“Geographical Indication” means an indication which identifies goods as originating from a territory, region or locality where a given quality, reputation, or other characteristics of such goods are essentially attributable to its geographical origin.
3. Purpose of GI
- To protect traditional knowledge and regional products.
- To prevent misuse or imitation by outsiders.
- To help producers get recognition and economic benefit.
- To ensure quality and authenticity for consumers.
4. Three Related Concepts
To understand GI properly, we must know three closely related ideas:
(a) Indication of Source
- This is the simplest form of geographical link.
- It merely indicates the place from which the goods originate, without guaranteeing quality or reputation.
- Example: “Made in India,” “Product of Japan.”
- It doesn’t mean the goods have any special quality due to that place — it just tells the origin.
✅ So, it’s about “where it comes from” — not “what quality it has.”
(b) Appellation of Origin
- This is a stronger concept than indication of source.
- It refers to products that not only come from a particular area but also derive their qualities and characteristics exclusively or essentially from that area’s geographical environment, including natural and human factors.
- Example: Champagne (France), Roquefort Cheese (France).
- For Indian context: Darjeeling Tea is also an example similar to an appellation of origin.
✅ So, here both origin and quality are linked to the region.
(c) Geographical Indication (GI)
- GI is a broader concept that includes both “indication of source” and “appellation of origin.”
- It covers any product that has a reputation, quality, or characteristic connected to its place of origin.
- It protects not only agricultural goods but also handicrafts, textiles, manufactured items, etc.
✅ GI combines both — “comes from a place” + “has special quality because of that place.”
5. Difference between the Three Concepts
| Basis | Indication of Source | Appellation of Origin | Geographical Indication |
|---|---|---|---|
| Meaning | Shows where goods come from | Shows origin + quality linked to environment | Broader — origin + quality/reputation/characteristic |
| Quality link | No | Strong and direct | Can be strong or moderate |
| Example | “Made in India” | “Champagne” | “Darjeeling Tea,” “Mysore Silk” |
| Protection level | Very low | High | High (under GI Act) |
6. Protection under Indian Law
- The Geographical Indications of Goods (Registration and Protection) Act, 1999 came into force in 2003.
- Administered by the Controller General of Patents, Designs and Trade Marks (CGPDTM).
- GI registration gives exclusive rights to the authorized users and prevents unauthorized use of the registered GI.
7. Duration and Renewal
- A GI is valid for 10 years from the date of registration.
- It can be renewed indefinitely every 10 years.
8. Important Case Laws
(i) Tea Board of India v. ITC Ltd. (2011)
- The Tea Board (owner of “Darjeeling Tea” GI) filed a case against ITC for using “Darjeeling Lounge” in a hotel.
- Court held: Use of “Darjeeling” as a lounge name does not amount to GI infringement, since it was not used for selling tea.
ЁЯСЙ This case clarified the scope of GI protection — it applies only to goods, not to unrelated services.
(ii) Scotch Whisky Association v. Golden Bottling Ltd. (2006)
- “Scotch” is protected as a GI for whisky made in Scotland.
- Indian company using “Scot” was restrained.
ЁЯСЙ The Court recognized international protection of GIs under TRIPS.
9. International Aspect (TRIPS Agreement)
- Article 22 to 24 of TRIPS (1995) deal with GIs.
- All WTO members (including India) must provide legal means to prevent misuse of GIs.
- TRIPS requires additional protection for wines and spirits (like Champagne, Scotch, etc.).
10. Conclusion
Geographical Indication is a modern legal tool to preserve cultural identity, traditional skills, and regional products.
It protects the authentic link between place and product, benefiting both producers and consumers.
In India, the GI system has become a symbol of economic empowerment and cultural pride — protecting the uniqueness of our land and craftsmanship.
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