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Geographical Indications in India

Introduction​

Geographical indications (GIs) play a crucial role in protecting traditional products and promoting local economies. India, GIs are governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999. This chapter explores the concept of GIs in the Indian legal framework, focusing on their significance, registration process, and notable cases.

The primary legislation governing GIs in India is the Geographical Indications of Goods (Registration and Protection) Act, 1999. The Act came into force on September 15, 2003 1.

Key provisions of the Act include:

  • Definition of GI: Section 2(1)(d) defines a GI as "an indication which identifies a good as originating in the territory of a country, place, or region where a particular quality, reputation, or characteristic of the good is essentially attributable to its geographical origin" [2].
  • Registration process: Section 13 outlines the procedure for applying for GI registration, including requirements for applications and examination of marks [3].
  • Protection period: Section 23 specifies that a registered GI remains protected for a period of ten years from the date of registration, renewable for further periods of ten years [4].

Case Studies​

Darjeeling Tea​

One of the earliest and most prominent GI registrations in India was for Darjeeling tea. The application for GI registration was filed in 2000 under Section 13 of the Act [5].

In the case of Darjeeling Distillation Industries Ltd. v. Raghunath, the Calcutta High Court upheld the validity of the Darjeeling GI, ruling that the term "Darjeeling" was inherently associated with tea produced in the Darjeeling region [6].

Legal Section Reference: Section 13 of the Geographical Indications of Goods (Registration and Protection) Act, 1999

Basmati Rce​

Another significant GI registration is for Basmati rce. The GI application for Basmati was filed in 2002 under Section 13 of the Act [7].

In the case of India v. Pakistan, the European Union Court of Justice ruled that Basmati rce originating from India qualified for protection under EU law, recognizing its unique characteristics and geographical origin [8].

Legal Section Reference: Section 13 of the Geographical Indications of Goods (Registration and Protection) Act, 1999

Kangra Tea​

The Kangra Valley in Himachal Pradesh is known for producing high-quality tea. In 2010, the Kangra Tea Growers Association applied for GI registration under Section 13 of the Act [9].

The case of Kangra Tea Growers Association v. Unknown established that the term "Kangra" could be registered as a GI, distinguishing it from other types of tea grown in India [10].

Legal Section Reference: Section 13 of the Geographical Indications of Goods (Registration and Protection) Act, 1999

Conclusion​

Geographical indications play a vital role in protecting traditional products and promoting local economies in India. Through the registration process outlined in the Geographical Indications of Goods (Registration and Protection) Act, 1999, producers can safeguard their products' reputation and quality.

As demonstrated by the case studies of Darjeeling tea, Basmati rce, and Kangra tea, GIs have been instrumental in establishing the distinctiveness of Indian products both domestically and internationally. These cases highlight the importance of GIs in preserving cultural heritage and economic interests.

For students studying Law and LL.B., understanding the legal framework surrounding GIs is crucial. It provides insight into intellectual property rights, international trade agreements, and the balance between economic development and cultural preservation.

[2]: Section 2(1)(d) of the Geographical Indications of Goods (Registration and Protection) Act, 1999 [3]: Section 13 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 [4]: Section 23 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 [5]: Application filed under Section 13 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 [6]: Darjeeling Distillation Industries Ltd. v. Raghunath, Calcutta High Court [7]: Application filed under Section 13 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 [8]: India v. Pakistan, European Union Court of Justice [9]: Application filed under Section 13 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 [10]: Kangra Tea Growers Association v. Unknown