A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place.
Geographical indications are place names or words associated with a place, used to identify the origin and quality, reputation or other characteristics of products.
In India, Assam tea name can be used any tea producer in Assam. Similar is the case with coorg coffee.
For example, “Champagne”, “Tequila” or “Roquefort” or Scotch are geographical indication.
World Trade Organization is primary platform to protect GI.
Two issues are debated in the TRIPS Council under the Doha mandate: creating a multilateral register for wines and spirits; and extending the higher (Article 23) level of protection beyond wines and spirits.
In order to register a product under the Geographical Indication rules, it is required to procure below mandatory information:-
(i) Nature of goods
(ii)The Class of goods
(iii)The territory associated
(iv)The particulars of appearance
(v)Particulars of producers
(vi)An affidavit of how the applicant claim to represent the interest
(vii)The standard bench mark or other characteristics of the GI
(viii)The particulars of special characteristics, if any
(ix)Textual description of the proposed boundary
(x)The growth attributes in relation to the GI
(xi)Certified copies of the map of the territory
(xii)Special human skill involved, if any
(xiii)Number of producers; and
(xiv)Particulars of inspection structures, if any, to regulate the use of geographical indication.
On receipt of the application, a number will be alloted by the registering authority. Thereafter, the application would be examined to check whether it meets the requirements of the Act and Rules.
For this purpose the Registrar shall consult with experts to ascertain the correctness of the particulars furnished. After issuance of the Examination Report submission would be considered.
If no objections is raised it would be accepted and would be advertised in the Geographical Indications Journal.
An opposition can be lodged within a maximum of four month period. If the opposition is dismissed, the application will proceed to registration in Part A of the Register unless the Central Government otherwise directs .
After a geographical indication is registered any person claiming to be the producer of the registered geographical indication can file an application for registration as an authorised user in Part B of the Register.
