A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g. a town, region, or country). The use of a geographical indication, as a type of indication of source, may act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin.
Object of the Geographical Indication Services of Goods (Registration And Protection ) Act, 1999 is to provide for the registration and better protection of geographical indications services relating to goods in India. It is an indication of goods originating from a definite geographical territory. It is used to identify agricultural, natural or manufactured goods; the manufactured goods should be produced or processed or prepared in that territory and have a special quality or reputation.The primary purpose of this Act is to provide legal protection to Indian Geographical Indications which in turn boost exports. Registration of Geographical indication services promotes economic prosperity of producers of goods produced in a geographical territory. Examples of geographical indications services are Basmati Rice, Darjeeling Tea, Kanchipuram Silk Sari, etc.
Any association of persons or producers, or any organization or authority established by or under the law, can apply to register a geographical indication services. The applicant must represent the interests of the producers. Producers are parties that work with the following categories of goods:Agricultural Goods, Including Production, Processing, Trading or Dealing; Natural Goods, Including Exploiting, Trading or Dealing; and Handicrafts or Industrial Goods, Including Making, Manufacturing, Trading or dealing.
A geographical indication services is a public property belonging to the producers of the concerned goods. It shall not be the subject matter of assignment, transmission, licensing, pledge,mortgage or such other agreement. However, when an authorized user dies, his right devolves on his successor in title.
Once a geographical indication has been registered, any person claiming to be a producer of goods covered by the registered geographical indication can file an application for registration as an authorized user in Part B of the register. The procedure for registration as an authorized user is similar to that for the registration of a geographical indication.