The Geographical Indications of Goods (Registration and Protection) Act, 2000

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The Geographical Indications of Goods (Registration and Protection) Act, 2000

1. Introduction

The Geographical Indications of Goods (Registration and Protection) Act, 2000 is a special legislation enacted by the Indian Parliament to protect goods that have a specific geographical origin and possess qualities, reputation or characteristics essentially due to that origin.
It came into force on 15th September 2003 and extends to the whole of India.

This Act was introduced to comply with India’s obligations under the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) of the WTO, 1994.

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2. Objectives of the Act

• To provide legal protection to goods that are identified by geographical indications.
• To prevent misuse or unauthorized use of a registered geographical indication by others.
• To promote rural development and protect the interests of genuine producers.
• To enhance the market value of traditional Indian products having unique regional characteristics.

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3. Key Definitions (Section 2)

• Geographical Indication (GI):
  As per Section 2(1)(e), a GI means an indication which identifies goods as originating or manufactured in the territory of a country, region, or locality where a given quality, reputation, or other characteristics of such goods is essentially attributable to its geographical origin.

  ✳️ Example:

  • Darjeeling Tea (West Bengal)
  • Kanchipuram Silk (Tamil Nadu)
  • Basmati Rice (Northern India)

• Goods: Includes agricultural, natural, or manufactured goods, handicrafts, and industrial products.

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4. Authorities under the Act

• Registrar of Geographical Indications:
  Appointed under the Controller General of Patents, Designs, and Trade Marks (CGPDTM).
• Geographical Indications Registry:
  Located in Chennai, Tamil Nadu.

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5. Procedure for Registration (Sections 11–17)

1. Application (Section 11):
   Filed by an association of persons, producers, or any authority representing the interest of producers.

2. Examination and Publication (Sections 12–13):
   The Registrar examines the application and publishes it in the GI Journal for public opposition.

3. Opposition (Section 14):
   Any person can oppose the registration within 3 months (extendable by 1 month).

4. Registration (Section 16):
   After the opposition period, if no objection is found valid, the GI is registered.

5. Certificate (Section 17):
   A certificate of registration is issued to the applicant.

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6. Duration and Renewal (Section 18)

• The registration of a GI is valid for 10 years.
• It can be renewed indefinitely for further periods of 10 years each.

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7. Infringement of GI (Section 22)

A person is said to infringe a registered GI if they:

• Use the GI to indicate or suggest that goods originate in a region other than the true place of origin, misleading the public.
• Use the GI in a manner constituting unfair competition.
• Use another GI that misleads consumers about the true origin of goods.

🧾 Example:
Selling ordinary tea as “Darjeeling Tea” would be infringement.

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8. Remedies for Infringement (Section 67)

• Civil Remedies: Injunction, damages, delivery-up of infringing labels and goods.
• Criminal Remedies:
  • Imprisonment up to 3 years
  • Fine up to ₹2,00,000 (extendable)

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9. Prohibition of Registration (Section 9)

Certain GIs are not registrable, such as:

• Deceptive or confusing indications.
• Scandalous or obscene matter.
• Indications that hurt religious sentiments.
• Generic names or terms that have lost geographical significance.

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10. Case Laws Related to the Act

(a) Tea Board of India v. ITC Ltd. (2011)

• Facts: Tea Board claimed that ITC’s hotel named “Darjeeling Lounge” infringed its GI “Darjeeling Tea”.
• Judgment: The Calcutta High Court held that use of the name “Darjeeling Lounge” for a restaurant does not amount to infringement of GI for tea, since the term was not used for selling tea but to describe a place.
• Significance: The case clarified the scope of GI infringement — the protection applies only to goods, not services.

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

• Facts: The defendant sold Indian whisky under the name “Red Scot”.
• Judgment: The Delhi High Court held that using the word “Scot” for Indian whisky misled consumers, violating the GI protection of “Scotch Whisky”.
• Significance: GI protection applies to foreign geographical indications too.

(c) Feni (Goa Distillers Case, 2016)

• Facts: Feni, a traditional Goan liquor, was granted GI status under the Act.
• Significance: Demonstrated that local products of cultural importance can be protected, boosting rural and traditional industries.

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11. Importance of the Act

• Protects India’s traditional knowledge and cultural heritage.
• Prevents economic exploitation by outsiders.
• Helps consumers identify genuine regional products.
• Enhances India’s export potential through authenticity branding.

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12. Conclusion

The Geographical Indications of Goods (Registration and Protection) Act, 2000 plays a crucial role in preserving India’s heritage products and ensuring that the benefits of reputation and uniqueness reach the real producers.
It not only strengthens India’s IP framework but also empowers rural communities by giving them recognition and economic rewards for their traditional skills.

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🧾 Case Laws Related to Geographical Indications (GI)

These cases show how courts have interpreted and protected geographical indications under The Geographical Indications of Goods (Registration and Protection) Act, 2000 and international principles.

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1️⃣ Tea Board of India v. ITC Limited (2011)

Citation: Calcutta High Court, 2011
Facts:

• The Tea Board of India owns the registered GI “Darjeeling” and its logo for Darjeeling Tea.
• ITC Limited named one of its hotel lounges “Darjeeling Lounge”.
• The Tea Board argued that ITC was misusing the GI name and filed a case of infringement.

Issue:
Whether using the term “Darjeeling Lounge” for a hotel amounts to infringement of the GI “Darjeeling Tea”?

Judgment:

• The Calcutta High Court held that there was no infringement, as ITC was not selling tea using the word “Darjeeling” but merely using it as a name for a lounge.
• The GI protection applies only to goods, not services like hotels or restaurants.

Principle Established:

“Geographical Indication protection is product-specific — it cannot be extended to unrelated services.”

Significance:
Clarified the scope and limits of GI rights in India.

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

Citation: Delhi High Court, 2006
Facts:

• The Scotch Whisky Association (SWA) represented producers of genuine Scotch Whisky made in Scotland.
• Golden Bottling Ltd. in India was selling Indian whisky under the name “Red Scot”.
• SWA argued that this misled consumers and infringed the GI “Scotch Whisky”.

Issue:
Does using a name similar to “Scotch” for Indian whisky amount to infringement of GI?

Judgment:

• The Delhi High Court held that “Scotch Whisky” is a protected GI, and the word “Scot” suggested a false connection to Scotland.
• The Court restrained the defendant from using the name “Red Scot”.

Principle Established:

Misleading consumers about the origin of goods amounts to GI infringement, even if the goods are similar.

Significance:
This case strengthened international GI protection in India under the TRIPS Agreement.

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3️⃣ The Darjeeling Tea Case (Tea Board of India v. Devas Tea Co. Ltd., 2003)

Citation: Intellectual Property Appellate Board (IPAB), 2003
Facts:

• The Tea Board of India applied to register “Darjeeling” as a GI for tea grown in the Darjeeling region.
• Several companies objected, claiming “Darjeeling” was a generic name.

Judgment:

• The IPAB held that “Darjeeling” has a unique reputation and quality linked to its geographical origin.
• Therefore, it qualifies for registration as a GI under Section 2(1)(e).

Principle Established:

If a product’s reputation is closely tied to a region’s climate, soil, and tradition, it qualifies as a valid geographical indication.

Significance:
“Darjeeling Tea” became the first Indian product to receive GI registration under the 2000 Act.

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

Facts:

• APEDA applied for the GI tag for Basmati Rice grown in certain northern states (Punjab, Haryana, UP, Delhi, etc.).
• Pakistan opposed, claiming Basmati was also grown there and had transboundary reputation.
• Later, domestic producers also disputed internal boundaries for Basmati-growing regions.

Judgment:

• The Intellectual Property Appellate Board (IPAB) held that only regions with traditional cultivation and characteristic aroma qualify for GI protection.
• Some areas that did not meet these conditions were excluded.

Principle Established:

GI rights depend on natural and human factors of a specific region, not just on the name or crop.

Significance:
Helped clearly define authentic Basmati zones and protected farmers of genuine Basmati-producing areas.

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5️⃣ Feni Case (Goa Distillers Case, 2016)

Facts:

• “Feni” is a local alcoholic drink made from coconut or cashew apples in Goa.
• The Government of Goa applied for GI registration to protect it from imitation.
• Some distillers opposed, saying it’s a common beverage.

Judgment:

• The GI Registry granted Geographical Indication status to “Feni”.
• The court recognized Feni as a cultural heritage product of Goa.

Principle Established:

Traditional, handmade or locally crafted products are equally eligible for GI protection.

Significance:
“Feni” became India’s first spirit (liquor) product to receive GI tag, highlighting the role of GI in preserving cultural identity.

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6️⃣ Tirupati Laddu Case (Tirumala Tirupati Devasthanams v. Registrar of Geographical Indications, 2014)

Facts:

• The Tirumala Tirupati Devasthanam applied for GI registration for “Tirupati Laddu”, made and distributed only within the Tirumala Temple.
• Some groups opposed, claiming it was prasad and not a commercial good.

Judgment:

• The GI Registry granted the GI tag, stating that religious goods can also be registered if they possess unique quality and reputation linked to a region.

Principle Established:

Religious or cultural products with unique identity connected to a specific area can also enjoy GI protection.

Significance:
Expanded the scope of GI protection beyond commercial or agricultural goods.

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7️⃣ Nagpur Orange Case (2008)

Facts:

• Farmers from Nagpur sought GI registration for Nagpur Oranges due to their distinct taste and color from that region.
• The GI was challenged by producers from nearby areas.

Judgment:

• The GI Registry granted the GI to Nagpur Orange, recognizing its distinct geographical identity.

Principle Established:

Even within similar products, regional variation in climate, soil, and cultivation methods can justify separate GI registration.

Significance:
Encouraged more farmers to seek GI protection for regional produce.

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🧩 Summary Table for Quick Revision

Case Name	Year	Product	Principle Established
Tea Board v. ITC	2011	Darjeeling Tea	GI protection applies only to goods, not services
Scotch Whisky Assn. v. Golden Bottling	2006	Scotch Whisky	Misleading use amounts to infringement
Tea Board v. Devas Tea Co.	2003	Darjeeling Tea	Reputation linked to region = valid GI
APEDA v. KRBL	2016	Basmati Rice	GI depends on natural & human factors
Goa Distillers (Feni Case)	2016	Feni (Liquor)	Traditional products protected under GI
Tirupati Laddu Case	2014	Religious Prasad	Cultural/religious goods also protected
Nagpur Orange Case	2008	Oranges	Regional uniqueness justifies GI

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✅ Conclusion

These case laws clearly show that Geographical Indication is not just a label — it’s a legal recognition of a region’s identity and tradition.
Through judicial interpretation, the Indian judiciary has strengthened the rights of genuine producers, encouraged rural development, and aligned India with global IP standards.

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