WHAT IS GEOGRAPHICAL INDICATION?
According to WIPO[i], 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.
The qualities, characteristic or reputation of the product should be essentially due to the place of origin. The use of GI as an indication of the product’s source, acts as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a good reputation due to its geographical origin.
Article 22.1 of the TRIPS Agreement defines geographical indications as “…indications which identify a good as originating in the territory of a Member [of the World Trade Organization], or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”[ii]
WHAT ARE THE AREAS COVERED UNDER GI?
Geographical Indication is used to highlight specific qualities of a product that are due to human factors found in the product’s place of origin, such as specific manufacturing skills and tradition. It is not limited to agricultural products.
Geographical indications are used to indicate the regional origin of particular goods, whether they are agricultural products or manufactured goods; provided that those goods derive their particular characteristics from their geographic origin. Any producer who meets the standards set by the GI owner can use a GI. In the United States, the owner of a GI can be any legal entity be it a government, an association of producers, or even an individual.
SOME EXAMPLES OF GI OF INDIA
Certain famous Indian Geographical Indications are:
- Kashmir Saffron
- Alphanso Mangi
- Nagpur Orange
- Odisha Rasagola
- Darjeeling Tea
- Basmati Rice
- Mizo Puanchei
- Agra Petha
- Manipuri Black Rice
- Arabmula Kannadi
PROCESS OF MAKING A GI APPLICATION
Section 11 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 deals with the application procedure for registering a geographical indication by an association or producers.
The application must contain:
- The class of goods to which the geographical indication shall apply.
- The geographical map of the territory of the country/ region/ locality.
- A statement of how the GI serves to designate the goods as originating from the concerned territory in respect of the quality, reputation or characteristic.
- The particulars regarding the appearance of the GI as to whether it is comprised of the words or symbols or both.
- A statement containing such particulars of the producers of the concerned goods.
SOURCES
[i] WIPO, https://wipo.int/portal/en/ (last visited Dec 5, 2021).
[ii] WIKIPEDIA, https://www.wikipedia.org/ (last visited Dec 6, 2021).
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