Registration of Geographical Indications: Conditions, Prohibitions, and Guidelines

Introduction

Products with distinctive features, reputations, or attributes that are mainly linked to their place of origin must be protected by Geographical Indications (GIs). These goods can be anything from fine wines, cheeses, and teas to traditional crafts that are inextricably linked to a specific region and have a distinct identity that is impossible to replicate elsewhere.

The protection and administration of these GIs in India are governed by the Geographical Indications of Goods (Registration and Protection) Act of 1999. This law establishes the legal foundation required to obtain GIs and lists particular conditions and requirements that must be met in order for registration to be successful. In order to preserve the originality and integrity of these regional goods, it also imposes some limitations, which help to protect cultural heritage and boost the local economy.

Guidelines for Registration of Geographical Indications

For registration of geographical indication, a person applying for registration must be an authorized user who has been registered as such under Section 17 of the Geographical Indications of Goods (Registration and Protection) Act, 1999.

Following are the guidelines and procedure for the registration of GI:

Application

Section 11(1) of the Act provides that:

An association can make an application for registration of the Geographical Indication of persons or producers or any organizations or authority established by or under any law for the time being in force who must be representing the interest of the producers of the concerned goods and desirous of registering a geographical indication in relation to such goods.

The application for registering a Geographical Indication must be submitted in triplicate. 

The applicant or their agent must sign the application, along with the statement of the case, and submit it using the prescribed form GI-1. 

A single application may be submitted for multiple classes of goods, with fees required for each class of goods. 

An affidavit must accompany the forms submitted by an association of individuals, producers, organizations, or an authority that represents the interests of the producers concerning specific goods, explaining how the applicant claims to represent those interests.

Section 11 (2) of the Act stipulates that:

First, it must describe how the geographical indication identifies the goods as coming from the relevant territory of the country or region or localities in terms of quality specifications, reputation, and characteristics that stem exclusively from specific environmental conditions and inherent natural or human factors tied to the territory.

It also needs to specify the category of goods to which the geographical indication will apply.

A geographical map showing the territory of the country or region or the locality within the country where the goods are produced or manufactured should be provided.

Details concerning the presentation of the geographical indications should be included, specifying whether they consist of words, graphic elements, or a combination of both.

A statement is required that includes the applicant’s information, such as names, addresses, and any other details that may be designated from time to time.

Preliminary and Scrutiny Examination

Clauses (5) to (7) of Section 11 state that:

• The examiner will review the application for any flaws or inconsistencies.
• If there are any flaws or inconsistencies, the applicant must correct them within one month from the date of communication.
• The Registrar will then evaluate the accuracy and validity of the information provided by the applicant in collaboration with a panel of no more than seven experts who have in-depth knowledge of the subject.
• The examination report will be issued only after a thorough review and assessment.

Issue of Show Cause Notice

Section 12 of the Act states that- 

• Should the Registrar have any objections concerning the application, these will be communicated to the applicant. 
• The applicant is required to respond within two months of receiving the notice, or they may request a hearing. 
• The Registrar has the authority to withdraw the application after providing the applicant with a fair chance to present their side if he believes there has been a mistake on the part of the applicant, and this has been communicated to them. 
• If the applicant is dissatisfied, they may file an appeal within one month of the Registrar’s decision.

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Section 13 of the Act states that any application for the registration of a geographical indication that has been unconditionally accepted or accepted with conditions or limitations must be published in the Geographical Indications Journal within three months of acceptance.

Opposition to Registration

Section 14 provides that:

• Any individual is allowed to submit a notice of opposition within three months (which can be extended by an additional month upon request filed before the initial three months expire) against the Geographical Indication application published in triplicate along with the form.
• The Registrar will send a copy of the notice to the applicant seeking registration, who must respond with a counter statement detailing the grounds for their application within two months of receiving the notice; failing to do so will lead to the application being abandoned.
• Upon receiving the counter statement from the applicant, the Registrar will provide a copy of it to the individual who filed the notice of opposition.
• Both the applicant and the opponent are required to present any evidence they rely upon to the Registrar, following the prescribed manner and timeline determined by the Registrar from time to time.
• The Registrar will allow sufficient time for both parties to present their case.
• After hearing from both parties and reviewing all the evidence, the Registrar will decide on the acceptance of the application, potentially with limitations or conditions.

Corrections and Amendments

Section 15 indicates that the Registrar may, at various times and subject to specific terms and conditions, allow the correction of any errors or amendments to the application, either before or after its acceptance.

Registration

Section 16 states that:

• Upon the application’s acceptance, the Registrar will register the geographical indication associated with it.
• If registered, the date on which the application was filed will be considered the date of registration.
• The Registrar will then provide the applicant with a certificate bearing the seal of the Geographical Indication’s registry in the form as outlined in Rule 55 of The Geographical Indications of Goods (Registration and Protection) Rules, 2002.

Duration, Renewal and Restoration

Section 18 stipulates that:

• A registered Geographical Indication will remain valid for 10 years and can be renewed by paying the required renewal fee.
• Before the last registration of the geographical indication expires, the Registrar is obligated to notify the registered proprietor or the authorized user about the expiration date and the payment conditions for renewal, upon which registration can be obtained.
• Neglecting this notification may lead to the cancellation of the geographical indication.
• Suppose the Registrar cancels a geographical indication due to non-payment of renewal fees. In that case, it may be restored within six months to one year after the last registration expiration upon applying in the prescribed manner and after paying the designated fees, allowing for another 10 years from the expiration date of the previous registration.

Appeal to the Appellate Boards

Section 31 indicates that any individual dissatisfied with an order or decision made by the Registrar under this act or the associated rules has the right to appeal to the Intellectual Property Appellate Board (IPAB) within three months from the date the order or decision is communicated.

Read this detailed guide on Registration of Geographical Indications: Procedure, Duration, Renewal, and Restoration

Rights conferred by Registration of GI

Section 21 of the act states that the owner and authorized user of the geographical indication are entitled to certain rights associated with the indication.

1. The right to use the indication in relation to the products for which it has been acquired.
2. The option to pursue the act’s specified remedies in the event of a violation.

Conditions on the rights conferred by registration of GI

It needs to be remembered that these rights conferred by registration are not absolute and are subject to conditions which restrict the powers allowed to the user, including:

• Variation Condition: This includes cases where the proprietor agrees to have variations in the mark assigned to goods other than those mentioned in the label.
• Restraining Conditions: The geographical indication shall not be used for certain specific goods
• Blank Space condition: This condition requires all blank spaces in the label only to be occupied by matter that is non-distinctive.
• Limitation Condition: This condition restricts the area within which the registration is allowed to operate.

Prohibition on Registration of Certain Geographical Indications

Under Section 9 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, certain Geographical Indications (GIs) are prohibited from registration due to their potential to mislead, offend, or violate legal provisions. The following categories of GIs are not eligible for registration:

Indications Likely to Deceive or Cause Confusion

If the use of a GI is misleading or likely to create confusion among consumers regarding the true origin, quality, or characteristics of the goods, its registration is prohibited.

Example: If a GI falsely suggests that the product originates from a well-known region associated with specific quality standards, it could mislead consumers.Indications Contrary to the Law for the Time Being in Force:

Indications Containing Scandalous or Obscene Matter

If a GI includes words, symbols, or images that are considered offensive, vulgar, or inappropriate, it is not eligible for registration. This ensures that GIs maintain a level of decorum and do not promote indecent or unethical expressions.

Indications That May Hurt Religious Sentiments

Any GI that contains elements likely to offend the religious beliefs or sentiments of a particular community, sect, or group of people will not be registered. This provision prevents the misuse of religious names or symbols in a way that could lead to controversy or social unrest.

Indications Disentitled to Protection Under the Law

If a GI lacks legal grounds for protection due to prior judicial or administrative rulings, it cannot be registered. This applies in cases where the GI does not fulfil the essential criteria of distinctiveness, origin-based reputation, or prior recognition.

Indications Determined to Be Generic Names

If a GI has become a generic name or common term for a type of sound rather than indicating a specific geographical origin, it is ineligible for registration. This typically happens when a GI loses its exclusive association with a region due to widespread and unrestricted use, making it a general category name.

Example: “Cheddar” cheese has become a generic term in many countries and is not exclusively associated with a particular region anymore.

Indications That Falsely Represent the Origin of Goods

A GI may truthfully refer to an actual geographical location, but if it falsely suggests that the goods come from a different, more renowned location, it cannot be registered.

Example: A product labelled as “Swiss Chocolate” when it is not actually made in Switzerland would be misleading, even if it meets Swiss quality standards.

These prohibitions ensure that Geographical Indications maintain their integrity, prevent consumer deception, and comply with legal and ethical standards.

Conclusion

A thorough framework for recognizing and safeguarding these distinctive products is established by the Geographical Indications of Goods (Registration and Protection) Act of 1999. India promotes fair trade, helps local farmers and craftspeople, and raises the profile of its domestic goods internationally by adhering to the rules, regulations, and limitations. By guaranteeing the quality and authenticity of goods associated with particular geographies, effective GI rights enforcement benefits producers and upholds consumer confidence.