Geographical Indication Registration

Consumers sometimes associate the quality or characteristics of a product based on the place of origin of the product. For instance, silk sarees from Kancheepuram have certain distinct characteristics, resulting in the region specialising in the product, which leads to identifying such products as origination from a particular region, which over time has become by itself a global brand. With the products from certain regions being uniquely identified and commanding premium values, it is important to safeguard the brand and interest of the producers from counterfeiters. This has led to the concept of Geographical Indication Registration.

Geographical Indications of Goods Act, 1999

To protect geographical indications, India enacted the Geographical Indications of Goods Act, 1999. The Act provides a framework for registration of a geographical indication, protects the interest of producers of certain goods, prevents unauthorised persons from misusing geographical indications and protects consumers from deception.

Popular Registered Geographical Indications

Some of the well known geographical indications registered in India are:

Pochampally Ikat (Andhra Pradesh)
Chanderi Saree (Guna, Madhya Pradesh)
Kotpad Handloom fabric (Koraput, Orissa)
Kancheepuram Silk (Tamil Nadu)
Bhavani Jamakkalam (Erode, Tamil Nadu)
Mysore Agarbathi (Mysore, Karnataka)
Solapur Terry Towel (Maharashtra)
Mysore Silk (Karnataka)
Kullu Shawl (Himachal Pradesh)
Kangra Tea (Himachal Pradesh)
Coorg Orange (Karnataka)
Mysore Sandalwood oil (Karnataka)
Mysore Sandal soap(Karnataka)
Channapatna Toys (Karnataka)
Coimbatore Wet Grinder (Tamil Nadu)
Orissa Ikat (Orissa)

Geographical Indication Registration

Unlike a trademark registration or copyright registration, individual, corporate entities and private parties cannot apply for a geographical indication. Geographical Indication Registration can be applied for only by any association of persons or producers or any organisation or authority established for representing the interest of the producers of the concerned goods. The applicant has to be a legal entity and should be representing the interest of producers of the good applied for. Hence, the applicant for geographical indication cannot be an individual representing an association of persons or producer.

All Geographical Indication filings must be done at the Geographical Indications Registry, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai – 600032. The Geographical Indications Registry at Chennai has jurisdiction all over-India and all applications have to be filed in Chennai.

Application for Geographical Indication Registration should be signed by a person nominated as an authorised signatory by an association of persons or producer. The capacity in which the individual is signing the document on behalf of the persons should be mentioned in the application.

Reasons to Register Geographical Indication

A geographical indication registered under the Geographical Indications of Goods Act, 1999 is protected and infringement on a geographical indication is an offence punishable with imprisonment or fine or both. Some of the offences under the Act include:

Falsifying a Geographical Indication
Falsely applying a Geographical Indication
Improperly describing a place of business as connected with the Geographical Indication

To contact a Lawyer for trademark registration or Geographical Indication Registration, visit IndiaFilings.com

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Frequently Asked Questions

Common questions about Geographical Indication Registration in India.

A geographical indication is a name or sign used to identify certain products as originating from a specific geographical location. It associates the quality, reputation or other characteristics of the product with its place of origin.

Registering a geographical indication protects the interest of producers from that region, prevents unauthorized use of the indication by others, and safeguards consumers from being misled about the true origin of the product.

Only an association of persons, producers, or an organization representing the interest of the producers of the concerned goods can apply for geographical indication registration in India. Individual entities or private parties cannot apply.

All applications for geographical indication registration in India must be filed at the Geographical Indications Registry in Chennai, which has jurisdiction over the entire country.

Some well-known registered geographical indications in India include Pochampally Ikat (Andhra Pradesh), Chanderi Saree (Madhya Pradesh), Kancheepuram Silk (Tamil Nadu), Mysore Silk (Karnataka), and Kullu Shawl (Himachal Pradesh).

Falsifying a geographical indication, falsely applying a geographical indication, or improperly describing a place of business as connected with the geographical indication are offences punishable with imprisonment, fine, or both.

Unlike trademarks or copyrights, which can be registered by individuals or companies, geographical indications can only be registered by associations, producers, or organizations representing the interest of producers of the specific goods.

Yes, as long as the product retains its specific qualities or reputation associated with the geographical origin, the geographical indication can be protected indefinitely.

Registration of a geographical indication provides legal protection against unauthorized use, helps promote the product's reputation and quality, and can lead to increased economic benefits for the producers from that region.

The Geographical Indications of Goods Act, 1999 was enacted to provide a legal framework for the registration and protection of geographical indications in India, preventing misuse and deception, and safeguarding the interests of producers and consumers.