geographical indication
A geographical indication (GI) identifies agricultural, natural or manufactured goods, handicrafts or foodstuffs as originating in a territory, where a given quality, reputation or other characteristic is essentially due to that origin. Familiar examples are Darjeeling tea, the first GI registered in India, and from Karnataka, Mysore silk, Channapatna toys and Coorg orange.
The Geographical Indications of Goods (Registration and Protection) Act, 1999, implementing India's TRIPS obligations, provides for registration at the GI Registry in Chennai. Registration lasts ten years and is renewable. A GI belongs to the producers of the area collectively; the registered proprietor is usually an association or government body, and individual producers register as authorised users. Unlike a trademark, a GI cannot be assigned or licensed.
Example
Silk sarees woven in Surat cannot be sold as “Mysore silk”, since that name is a registered geographical indication.
In Indian law
- Geographical Indications of Goods (Registration and Protection) Act, 1999
See also
trademark · passing off · patent · copyright
Read more in the study notes
- Geographical indications: meaning, important Indian GIs and the 1999 Act (Intellectual Property Rights I)
- Registration of geographical indications: conditions, procedure, prohibitions and the Registrar (Intellectual Property Rights I)
- Geographical indications: right to use, infringement, remedies and conflict with trade marks (Intellectual Property Rights I)
- Anti-competitive agreements: section 3, cartels and bid rigging (Competition Law)
- Intellectual property: concept, history and forms (Intellectual Property Rights I)
- Registration of trade marks: procedure and grounds for refusal (Intellectual Property Rights I)