DEFINITION

It is an indication. It originates from a definite geographical territory. It is used to identify goods with unique characteristics that originate in a specific geographical territory. It is used to distinguish agricultural, natural, and manufactured goods. The manufactured goods must be manufactured, processed, or prepared in that territory. It should have a distinct quality, reputation, or other distinguishing features.

BENEFITS OF GIs

It confers legal protection. Prevents unauthorized use of a Registered Geographical Indication by others. It promotes the economic prosperity of producers of goods manufactured within a specific geographical territory.  Boosts the export. It Can serve as source-identifiers for consumers. It also Helps the producers develop consumer loyalty. GI Tag Plays a role in consumer decisions, including willingness to pay a higher price for regionally branded food products.4 For example, geographic location is an important component of wine pricing.

 Higher retail price and better distribution of economic returns for primary producers . Capitalize on consumers’ desire for authentic, quality products – 1999 consumer survey -40% of EU consumers ready to pay premium price for origin-guaranteed products . It is used to identify goods with unique characteristics that originate in a specific geographical territory. It is used to distinguish agricultural, natural, and manufactured goods. The manufactured goods must be manufactured, processed, or prepared in that territory. It should have a distinct quality, reputation, or other distinguishing features.

It promotes the economic prosperity of producers of goods manufactured within a specific geographical territory. Growth production: increase production output and land value. Legal protection opens up possibilities for investment in a product or region The GI Act is overseen by the Controller General of Patents, Designs, and Trade Marks, who also serves as the Registrar of Geographical Indications Area. Rural development and sustainability: provide the right owners with the opportunity to get economic benefits from their geographical indication and with the right to exclude non-entitled users

. WHO CAN APPLY FOR THE REGISTRATION OF A GEOGRAPHICAL INDICATION?

Any association of persons, producers, organization or authority established by or under the law can apply  The applicant must represent the interest of the producers. The applicant should be in writing in the prescribed form. The applicant should be addressed to the Registrar of Geographical Indications along with prescribed fee

IMPACT OF GIs ON DEVELOPING COUNTRIES

• Encourages rural development.
• Facilitates market access.
• Saves local natural resources
• Plays an important role in the preservation of cultural identity.

. WHY GI IS TO BE PROTECTED ?

 •Denote quality and origin of products

 •Good reputation for the product

 •Preventing the product from generic products

•Protecting the domestic market from competitors

 HOW ARE GIS PROTECTED?

•In accordance with international treaties and national laws under a wide range of concepts: •special laws for the protection of geographical indications or appellations of origin •trademark laws in the form of collective marks or certification marks •laws against unfair competition •consumer protection laws, or

 •specific laws or decrees that recognize individual geographical indications.

GI IN INDIA

 •The Central Government of India has established the Geographical Indications Registry with all India jurisdiction in Chennai

 •The GI Act is being administered by the Controller General of Patents, Designs and Trade Marks ‐ who is the Registrar of Geographical Indications

• India, as a member of the World Trade Organization(WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999

CONDITIONS TO GET GI TAG

• It relates to goods, though services are also included in some countries; •These goods/services must originate in a specific area;;

•The goods/services must have qualities, reputations or other characteristics which are clearly linked to the geographical origin of goods

NECESSITY OF GI

 • Geographical indications enable producers to gain market recognition and, in some cases, a premium price.

•Geographical indications have become a key source of niche marketing

 • Geographical indications are frequently associated with non-monetary benefits such as knowledge protection and community rights.

RELATED ORGANIZATION

• Founded in 1967 as one of the United Nations’ 17 specialised agencies, it now has 185 member states and is headquartered in Geneva, Switzerland.

• To promote the protection of intellectual property throughout the world.

 Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)

• Two basic obligations on WTO member governments relating to GIs in the TRIPS agreement

• Article 22: Prevent the public from being misled about the geographical origin of the good.

• Article 23: prohibits the use of a geographical indication to identify wines that do not originate in the place.

CHALLENGES

•Low brand value

 •Lack of awareness of rules & regulations.

 •rampant misuse of Indian GI

•Immigration of labors.

WHY ARE GEOGRAPHICAL INDICATIONS VALUABLE?

 •GIs are a marketing tool

 • Quality reputation associated with place name used on labels and advertising

•It is expected that GI-identified products will command higher prices and Of particular interest to developing countries

CONTROVERSIES

 •Consumer vs. producer interests

 •Long-standing, generic use of geographically derived expressions (parmesan)

 •Differing national treatment of Gis -weaker: (Canada, US) “Canadian Champagne;” “American-made Pecorino cheese” -stronger: (EU) GI use reserved to producers in the region, even if other origin is indicated

GEOGRAPHICAL INDICATIONS AND TRADEMARKS

Is are closely related to trademarks; both indicate product origin • GIs and trademarks differ in two ways: 1. A trademark belongs to a particular company; it distinguishes that company’s products. GIs are shared by all producers in the region identified by the GI.. 2. Gis are attached to a location;but trademark is not

CASE STUDY

A case Study of the Basmati Rice (India-US Basmati Rice Dispute):

The Geographical Indication Perspective. •In the late 1997, when an American company RiceTec Inc was granted a patent by the US patent office to call the aromatic rice grown outside India “Basmati”, India objected to it India has been a major exporter of Basmati rice to a number of countries, and such a grant by the US Patent and Trademark Office was likely to have an impact on its trade. Because Basmati rice is traditionally grown in India and Pakistan, it was argued that granting RiceTec a patent violated the TRIPS agreement’s Geographical Indications Act. Eventually, a request for re-examination of this patent was filed on April 28, 2000. Soon after filling the re-examination request, Rice Tec chose to withdraw its claims.

Biopiracy Case Study 2:

In March 1995, two expatriate Indians at the University of Mississippi Medical Centre were granted a US patent for turmeric to be used to heal wounds vThe Indian Council for Scientific and Industrial Research (CSIR) filed a case with the US Patent Office challenging the patent on the grounds of “prior art” i.e already existing public knowledge. CSIR argued that because turmeric has been used for thousands of years to heal wounds and rashes, its medicinal use was not novel. Written documentation claiming traditional wisdom or knowledge was required to back up the claim. The CSIR went so far as to present an ancient Sanskrit text and a paper published in 1953 in the Journal of the Indian Medical Association•The US Patent and Trademark Office upheld the objection and cancelled the patent. It also revoked several other pending turmeric patent applications. The turmeric case was a watershed moment in history because it was the first time a patent based on traditional knowledge from a developing country was successfully challenged.

FEW EXAMPLES OF GI TAG IN INDIA

Reference:

1. https://byjus.com/free-ias-prep/geographical-indication-tags-in-india/
2. https://www.wipo.int/geo_indications/en/

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