Procedure for Registration, Duration of Protection, and Renewal under the Geographical Indications of Goods (Registration and Protection) Act, 2000

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🧭 Procedure for Registration, Duration of Protection, and Renewal under the Geographical Indications of Goods (Registration and Protection) Act, 2000

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1️⃣ Introduction

The Geographical Indications of Goods (Registration and Protection) Act, 2000 provides a legal mechanism for registration, protection, and enforcement of Geographical Indications (GIs) in India.

Registration is not compulsory, but it gives statutory rights and remedies against infringement.

The Registrar of Geographical Indications, functioning under the Controller General of Patents, Designs, and Trade Marks (CGPDTM), is the main authority for administering GI registration in India.
The GI Registry is located at Chennai.

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🪶 A. Procedure for Registration (Sections 11–17)

The procedure of registration under the Act can be divided into eight major stages 👇

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Stage 1: Application for Registration (Section 11)

• The application for registration of a GI must be made in Form GI-1.
• It can be filed by:
  1. Any association of persons or producers, or
  2. Any organization or authority representing the interest of producers of the concerned goods.

Contents of Application:

• Name and address of the applicant.
• Type of goods (agricultural, natural, manufactured, etc.).
• Geographical map of the region.
• Proof that the product’s quality, reputation, or other characteristics are due to its geographical origin.
• Method of production and uniqueness.

💡 Example: “Tea Board of India” applied for the registration of Darjeeling Tea as a GI.

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Stage 2: Preliminary Scrutiny and Examination (Section 12)

• The Registrar examines whether the application satisfies the legal requirements.
• If there are defects, the applicant is informed and must correct them within a prescribed time.
• The Registrar may accept, reject, or accept it with conditions.

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Stage 3: Publication in the Geographical Indications Journal (Section 13)

• Once accepted, the application is published in the GI Journal.
• The publication ensures transparency and provides the public an opportunity to oppose if they have a valid reason.

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Stage 4: Opposition to Registration (Section 14)

• Any person may file an opposition within 3 months from the date of publication (extendable by 1 month).
• The opponent must give reasons such as:
  • The GI is deceptive or confusing.
  • It is already in use by someone else.
  • It has become a generic name.
• The applicant can submit a counter-statement within 2 months.
• Both parties are given a fair hearing before the Registrar.

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Stage 5: Decision by Registrar (Section 15)

• After examining all documents and hearing both parties, the Registrar either:
  • Accepts the application, or
  • Rejects it, or
  • Allows it with modifications.

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Stage 6: Registration and Certificate (Section 16–17)

• Once accepted, the GI is entered in the Register of Geographical Indications.

• The Register contains:

  • Details of the GI,
  • Names and addresses of registered proprietors,
  • Classes of goods, and
  • Geographical map and description.

• The applicant receives a Certificate of Registration, which gives them exclusive right to use the GI for those goods.

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Stage 7: Registration of Authorized Users (Section 17)

• Individual producers or traders who actually produce goods under a registered GI must apply to be registered as “Authorized Users”.
• They can then legally use the GI on their products.
• The authorized user’s registration is valid for 10 years, renewable from time to time.

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Stage 8: Appeal (Section 31)

• If any party is dissatisfied with the Registrar’s decision, an appeal may be filed before the Intellectual Property Appellate Board (IPAB) within 3 months.

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🕒 B. Duration of Protection (Section 18)

• The registration of a Geographical Indication is valid for 10 years from the date of registration.
• Similarly, registration of an authorized user is also valid for 10 years.

After expiry, the GI or authorized user’s registration can be renewed indefinitely every 10 years by paying the prescribed renewal fee.

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🔁 C. Renewal and Restoration of GI (Section 18)

1. Renewal

• An application for renewal must be made within the prescribed time before expiry of the registration (usually 6 months).
• On payment of the renewal fee, the registration is renewed for another 10 years.
• Renewal ensures continuous protection against infringement and misuse.

2. Removal from Register

• If the registered proprietor or authorized user fails to renew, the Registrar may remove the GI from the Register after giving notice.

3. Restoration

• If the registration has been removed due to non-payment, it can still be restored within 1 year from the date of removal by filing an application for restoration with payment of additional fees.

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⚖️ D. Case Laws Related to Registration and Duration

1. Tea Board of India v. Devas Tea Co. Ltd. (2003)

• Held: Darjeeling Tea was the first GI registered in India under this procedure.
• Importance: Clarified that the product must have reputation and characteristics linked to its origin to qualify for registration.

2. Scotch Whisky Association v. Golden Bottling Ltd. (2006)

• Held: The registration of Scotch Whisky under GI gives exclusive rights to its genuine producers.
• Importance: Reinforced that only those registered under the Act are entitled to use the GI name.

3. Tirupati Laddu Case (2014)

• Held: Registration was granted to Tirupati Laddu as it met the test of uniqueness and cultural link to the Tirumala region.
• Importance: Demonstrated that even religious or cultural products can be registered as GIs.

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🌍 E. Importance of Registration and Renewal

• Provides legal protection to genuine producers.
• Prevents unauthorized use of GIs by outsiders.
• Helps in brand building and export promotion.
• Renewal ensures continuous benefit and recognition for local communities.
• Encourages rural economic development and preservation of traditional knowledge.

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🧾 Summary Table

Stage	Section	Description
Application	Sec. 11	Filed by association or authority
Examination	Sec. 12	Checked by Registrar
Publication	Sec. 13	Published in GI Journal
Opposition	Sec. 14	Objections within 3 months
Registration	Sec. 16	Entry in GI Register
Certificate	Sec. 17	Issued to proprietor
Duration	Sec. 18	10 years validity
Renewal	Sec. 18	Every 10 years

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🧠 Conclusion

The registration, duration, and renewal mechanism under the GI Act, 2000 ensures that India’s traditional products — like Darjeeling Tea, Kanchipuram Silk, and Basmati Rice — receive continuous legal protection.
It not only preserves our cultural identity but also gives economic empowerment to local artisans and farmers.

Thus, the process ensures that the real producers are rewarded, not imitators.

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⚖️ Case Law Analysis Related to Procedure for Registration, Duration & Renewal under the GI Act, 2000

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1️⃣ Tea Board of India v. Devas Tea Co. Ltd. (2003)

Court: Intellectual Property Appellate Board (IPAB)
Citation: (2003) IPAB 10

Facts:

• The Tea Board of India, representing tea growers in Darjeeling, applied to register “Darjeeling” as a Geographical Indication under Section 11 of the Act.
• The Board submitted documents showing that Darjeeling Tea is grown exclusively in 87 tea gardens located in the Darjeeling district of West Bengal.
• Some parties opposed, claiming that “Darjeeling” had become a generic term for quality tea, not limited to that region.

Issue:

Whether “Darjeeling” qualifies as a valid Geographical Indication and is eligible for registration under the GI Act, 2000?

Judgment:

• The IPAB held that “Darjeeling” meets the legal definition of GI under Section 2(1)(e), as its quality and reputation are essentially due to its geographical origin.
• The registration process followed under Sections 11–17 was valid and lawful.

Principle Established:

A product’s unique quality and reputation directly linked to its place of origin makes it eligible for GI registration.

Significance:

• “Darjeeling Tea” became the first registered GI in India (2004).
• It set the precedent for the registration process, emphasizing proof of link between product and geography.
• This case demonstrates how the Registrar’s procedure ensures only authentic products get GI status.

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2️⃣ Scotch Whisky Association v. Golden Bottling Ltd. (2006)

Court: Delhi High Court
Citation: 2006 (32) PTC 656 (Del)

Facts:

• The Scotch Whisky Association (SWA), representing whisky producers in Scotland, had registered “Scotch Whisky” as a GI in India.
• Golden Bottling Ltd., an Indian company, marketed its locally produced whisky under the name “Red Scot”.
• SWA sued the company, claiming this name misled customers and violated their GI rights.

Issue:

Whether the use of the name “Red Scot” for Indian whisky infringes upon the registered GI “Scotch Whisky”?

Judgment:

• The Delhi High Court held that “Scotch Whisky” was a registered GI and the use of “Red Scot” created confusion among consumers.
• The term falsely suggested a connection with Scotland.
• The defendant was restrained from using the misleading term.

Principle Established:

Using similar names that mislead the public about the true origin of goods amounts to infringement under Section 22 of the GI Act.

Significance:

• Reinforced the importance of GI registration — only registered proprietors can claim protection.
• Showed that registration provides a legal basis to enforce rights and prevent misuse.
• Strengthened India’s compliance with TRIPS obligations for international GIs.

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3️⃣ Tirupati Laddu Case – Tirumala Tirupati Devasthanams v. Registrar of Geographical Indications (2014)

Court: Geographical Indications Registry, Chennai

Facts:

• The Tirumala Tirupati Devasthanam (TTD) applied for GI registration for “Tirupati Laddu”, claiming it was unique to the Tirumala temple and made only under temple supervision.
• Some parties opposed, arguing that prasad (offering) should not be commercialized or registered.

Issue:

Can a religious offering or prasad be registered as a Geographical Indication?

Judgment:

• The GI Registry accepted the application and granted registration for “Tirupati Laddu”.
• It held that “Tirupati Laddu” is unique to the temple, has a distinct method of preparation, and its reputation is geographically linked to the Tirupati temple.

Principle Established:

Even religious or cultural products having a strong geographical and traditional identity can be registered as a GI.

Significance:

• Expanded the scope of GI registration beyond commercial or agricultural goods.
• Demonstrated the flexibility of the registration process under Section 11.
• Registration was valid for 10 years and subject to renewal under Section 18.

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4️⃣ Basmati Rice Case – Agricultural and Processed Food Products Export Development Authority (APEDA) v. KRBL Ltd. (2016)

Court: Intellectual Property Appellate Board (IPAB)

Facts:

• The APEDA, an Indian government authority, filed an application to register “Basmati” as a GI for rice grown in northern India (Punjab, Haryana, Delhi, Uttar Pradesh, etc.).
• Certain producers opposed, claiming the area of production was too limited and should include additional regions.

Issue:

How should the Registrar determine the geographical boundaries of a product during GI registration?

Judgment:

• The IPAB held that only regions having natural and human factors responsible for the special aroma and quality of Basmati rice could be included.
• The application was partially accepted and registration was granted for specific northern states only.

Principle Established:

The Registrar must carefully determine the authentic geographical boundaries and unique features during registration under Section 11.

Significance:

• Highlighted the importance of evidence (soil, climate, traditional methods) in GI applications.
• Strengthened the procedural rigor under the GI Act.
• The GI registration remains valid for 10 years, renewable thereafter.

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5️⃣ Feni Case – The Goa Feni Distillers Association Case (2016)

Court: Geographical Indications Registry, Chennai

Facts:

• “Feni” is a traditional Goan alcoholic drink made from cashew or coconut.
• The Goa Feni Distillers Association applied for its registration as a GI under Section 11.
• Opposition was raised that Feni is just a generic local liquor and not region-specific.

Issue:

Can a local traditional liquor like “Feni” qualify as a GI?

Judgment:

• The GI Registry accepted the application and granted GI status to “Feni”.
• It observed that Feni’s taste, method of distillation, and raw materials are unique to Goa’s environment and tradition.

Principle Established:

Traditional and culturally rooted products, if proven to have regional uniqueness, qualify for GI protection and registration.

Significance:

• “Feni” became India’s first liquor product to get GI status.
• The registration is valid for 10 years and renewable under Section 18.
• The case emphasized preservation of cultural identity and craftsmanship through GI registration.

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🧾 Summary Table for Quick Revision

Case	Year	Principle	Section Linked
Tea Board v. Devas Tea Co.	2003	Product’s uniqueness & reputation justify GI registration	Sec. 11–17
Scotch Whisky Assn. v. Golden Bottling	2006	Misleading names = GI infringement	Sec. 22
Tirupati Laddu Case	2014	Cultural/religious products can be registered	Sec. 11, 18
APEDA v. KRBL (Basmati Case)	2016	Registrar must define authentic region & qualities	Sec. 11
Feni Case	2016	Traditional local liquor can qualify as GI	Sec. 11, 18

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🧠 Conclusion

These case laws clearly explain that:

• GI registration is based on evidence, regional link, and uniqueness.
• Proper procedure under Sections 11–17 ensures that only genuine producers receive protection.
• Once registered, GIs enjoy 10 years of protection and can be renewed indefinitely.
• Courts have expanded the GI concept to include traditional, agricultural, and cultural products — reflecting India’s diversity and heritage.

Thus, case law development under the GI Act has given clarity, credibility, and confidence to the entire system of protecting India’s geographically linked goods.

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