Geographical Indications

A geographical indication (GI) identifies goods as originating in a particular territory, region or locality where their quality, reputation or other characteristic is essentially attributable to that origin. Under the Geographical Indications of Goods (Registration and Protection) Act, 1999, registration creates enforceable statutory rights against unauthorized or misleading use of the indication in India. It protects the product-origin association rather than an invention or an individual trader's brand.

Rights created by registration

Under Section 21, valid registration gives the registered proprietor and authorized users the right to obtain relief for infringement. An authorized user receives the exclusive right to use the GI in relation to the goods for which it is registered.

• Registration is prima facie evidence of the validity of the GI and subsequent assignments in legal proceedings under Section 23.
• Registration remains valid for 10 years and may be renewed repeatedly for further ten-year periods.

What constitutes infringement

Under Section 22, infringement includes unauthorized use that misleads the public about the geographical origin of goods, constitutes unfair competition or passing off, or falsely represents goods as originating in the territory associated with the registered GI.

• For goods granted additional protection by the Central Government, infringement may occur even when the true origin is stated or the GI is used with expressions such as kind, style or imitation.
• Registration therefore enables action against deceptive presentation, imitation and commercial appropriation of the protected geographical reputation.

Remedies and limits

Courts may grant civil remedies including an injunction, damages or an account of profits, and delivery-up of infringing labels or indications. The Act also provides criminal penalties for specified acts involving false geographical indications.

• Under Section 20, infringement proceedings cannot be instituted for an unregistered GI, but the common-law remedy of passing off remains available.
• A registered GI cannot be assigned, transmitted, licensed, pledged or mortgaged under Section 24, reflecting its inseparable connection with the geographical origin and eligible producers.