Introduction
Geographical Indication Registration protects uniqueness of products related to specific Geographical regions. Darjeeling Tea, Banarasi Sarees, and Mysore Sandalwood all represent the same region, as does a Geographical Indication (GI) tag that serves as a protection so that authenticity and exclusivity do not get lost in the process. India, being a party to the TRIPS Agreement, has enacted the Geographical Indications of Goods (Registration and Protection) Act in 1999 to protect the rights of the producers of goods as GIs.
This is a step by step guide over Geographical Indication registration process Guide covering eligibility, filing, renewal and restoration
What is Geographical Indication (GI)?
A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics unique to that location. Examples include:
- Agricultural Products – Darjeeling Tea, Alphonso Mangoes, Basmati Rice
- Handicrafts – Pashmina Shawls, Banarasi Sarees, Madhubani Paintings
- Industrial Goods – Solapur Chaddar, Channapatna Toys
A GI protects the identity of such products, ensuring that only registered producers from the designated region can use the name.
Why is Geographical Indication Registration Important?
- Prevents Unauthorized Use – Protects products from counterfeit production and unauthorized sellers.
- Boosts Economic Value – Enhances the commercial importance and price of GI-tagged products.
- Supports Local Producers – Encourages sustainable business models for artisans and farmers.
- Promotes Regional Heritage – Preserves traditional knowledge and cultural identity.
- Grants Legal Protection – Ensures exclusive rights to manufacturers within the defined geographical area.
Step-by-Step Guide to Geographical Indication Registration in India
Step 1: Filing the Application
The application for GI registration must be submitted to the Geographical Indications Registry, Chennai. Eligible applicants include:
- Producers’ Associations
- Organizations representing local businesses
- Government Bodies
Application Requirements:
- Three copies of the application.
- Applicant’s signature and supporting affidavit.
- Details of the product’s unique characteristics and quality standards.
- Three certified copies of the geographical area’s map.
- Inspection framework details (if applicable).
- List of authorized users and producers.
Step 2: Preliminary Scrutiny and Examination
- The Registrar examines the application for any discrepancies.
- If any issues arise, the applicant has one month to rectify them.
- A committee of experts assesses the product’s characteristics and uniqueness.
- An examination report is generated based on findings.
Step 3: Show Cause Notice & Objections
- If the Registrar has objections, a Show Cause Notice is issued.
- The applicant must respond within two months or request a hearing.
- If the objections are not addressed, the Registrar can reject the application.
Step 4: Publication in the GI Journal
- Once approved, the GI application is published in the Geographical Indications Journal.
- This allows third parties to review and challenge the application.
Step 5: Opposition Proceedings
- Any person can oppose the GI registration within three months (extendable by another month upon request).
- If opposed, both parties present counter-statements and evidence.
- A final decision is made based on hearings and submissions.
Step 6: Grant of Registration
- If no opposition is filed (or opposition is rejected), the GI is registered.
- The applicant receives a Certificate of Registration, valid for 10 years.
- The registration date is the date of filing the application.
Duration and Renewal of GI Registration
- The GI tag is valid for 10 years from the date of registration.
- It must be renewed every 10 years to maintain protection.
- If not renewed within the prescribed time, the GI may be removed from the register.
- There is a six-month grace period for restoration after expiration.
Cancellation of Geographical Indication Registration
A registered GI can be removed in the following cases:
- Non-Renewal – If the renewal fee is not paid, the GI is removed from the register.
- Failure to Maintain Quality – If producers fail to uphold product standards.
- Fraudulent Registration – If a GI was registered using false information.
- Becoming Generic – If a GI loses its regional exclusivity and becomes a common term.
- Legal Order – The Registrar or IP Appellate Board may cancel a GI if legal grounds justify removal.
Restoration of a Removed Geographical Indication
If a GI registration lapses, it can still be restored within six months by:
- Filing a restoration request and paying the required fees.
- Providing valid reasons for the lapse.
- Approval by the Registrar, who decides whether the request is justified.
If not restored within six months, the GI is permanently removed and requires a new application for re-registration.
Conclusion
Geographical Indication registration is vital for protecting regional products and ensuring economic benefits for producers. With a well-defined legal framework, GIs preserve the authenticity, reputation, and heritage of traditional products. The registration, renewal, and restoration process ensures continued protection and market recognition for GI-tagged goods.
Businesses and organizations looking to register a Geographical Indication in India should follow the prescribed legal procedures to safeguard their brand identity and gain exclusive market rights.
FAQs
1. What is the validity of a Geographical Indication registration in India?
A GI is valid for 10 years from the registration date and can be renewed indefinitely every 10 years.
2. Who can apply for a Geographical Indication in India?
Producers, associations, organizations, or government bodies representing the product’s origin can apply.
3. How long does the GI registration process take?
On average, the GI registration process takes 12 to 18 months, depending on opposition and legal procedures.
4. Can a Geographical Indication be transferred?
No, GIs are not transferable and remain associated with their designated region.
5. What happens if a GI registration is not renewed?
If not renewed, the GI is removed from the register but can be restored within six months after expiration.
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