Meaning of Geographical Indications In IPR

Geographical Indications (GIs) are a form of Intellectual Property Rights (IPR) that protect products originating from a specific Geographical location. These indications serve to identify and promote the uniqueness and quality of products closely linked to their geographical origin. Geographical Indications in IPR play a crucial role in promoting regional development, preserving traditional knowledge, and safeguarding the reputation of local products. They also help consumers make informed choices about the products they purchase. It can be related to agricultural products, natural products, handicrafts, and industrial products. GIs are protected under national laws and international agreements like Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO). Countries establish legal frameworks to prevent unauthorized use, imitation, or misuse of GIs by unauthorized parties. In many cases, products seeking GI protection must undergo certification processes to demonstrate their adherence to specific production methods and quality standards associated with their geographical origin. Some well-known examples of products protected by GIs include Champagne from the Champagne region of France, Parmigiano-Reggiano cheese from Italy, Darjeeling tea from India, and Scotch whisky from Scotland.

Subject matters which can be registered under Geographical Indications In IPR

1. Agricultural Products: GIs can be registered for various agricultural products, such as fruits, vegetables, grains, spices, coffee, tea, and rice, which are closely tied to specific regions and their natural characteristics.
2. Food Products: Many traditional food items and delicacies, including cheeses, meats, sausages, bread, pastries, and confectionery, are eligible for GI protection due to their unique recipes and production methods originating from particular regions.
3. Beverages: GIs can cover alcoholic beverages like wines, champagne, whisky, brandy, and spirits, as well as non-alcoholic beverages like mineral water and fruit juices that are renowned for their regional origin and production processes.
4. Handicrafts and Artisanal Products: Handicrafts, arts, and artisanal products that reflect the cultural heritage and traditional craftsmanship of a specific area can be registered as GIs. Examples include ceramics, textiles, pottery, carpets, and traditional ornaments.
5. Natural Products: Natural products extracted from specific geographical locations, such as minerals, stones, essential oils, and medicinal herbs, can be eligible for GI protection if their unique properties are attributed to their origin.
6. Industrial Products: Some industrial products with characteristics or qualities derived from a particular region can also be registered as GIs. This may include machinery, tools, and other manufactured goods.
7. Traditional Cultural Products: Certain products deeply linked to a region’s cultural identity and traditional knowledge, such as musical instruments, folklore items, and traditional medicines, may also qualify for GI protection.
8. Textiles and Clothing: Textiles and garments that are made using traditional techniques and materials specific to a geographical area can be considered for GI registration.

Rights granted under Geographical Indications In IPR

• Exclusive Use: The registered GI holder has the exclusive right to use the geographical indication for the goods that fall within the scope of the registered GI. This means that no other producer or entity can use the GI to market or sell similar products unless they are authorized users.
• Protection against Misuse: GI protection ensures that the registered GI cannot be used by unauthorized parties to mislead consumers about the true origin, qualities, or characteristics of the products. This prevents the misuse of the geographical name for products not originating from the defined geographical area.
• Prevention of Imitations: Unauthorized use of a registered GI to imitate or create confusion with the genuine product is prohibited. This prevents unfair competition and protects the reputation and distinctiveness of the genuine product.
• Quality Assurance: GI protection is often linked to specific quality standards and production methods associated with the geographical area. The registered GI holder is responsible for maintaining these quality standards, which helps assure consumers of the authenticity and quality of the product.
• Right to License: The registered GI holder has the right to authorize other producers (authorized users) to use the GI on their products, provided that they comply with the defined quality standards and production methods associated with the GI.
• Control over Imports: GI protection allows the registered GI holder to control the use of the GI on products imported from other countries. This control ensures that only genuine products from the defined geographical area are allowed in the market.
• Legal Remedies: The registered GI holder has the right to seek legal remedies against any unauthorized use or infringement of the GI. Legal action can be taken against entities that violate the rights of the GI holder, including seeking damages or injunctions to stop the unauthorized use.
• Recognition in International Trade: GIs that are registered and protected in one country may be recognized and protected in other countries through international agreements or treaties. This recognition facilitates the export of products bearing the GI to international markets.

Law on geographical indications in IPR

• Indian Law

The law governing Geographical Indications in India is primarily governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act). It came into force on September 15, 2003, to provide for the registration and protection of GIs in India, and its main objective is to safeguard the unique identity and reputation of products originating from specific geographical locations in India.

• International Law

1. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): It is an agreement under the World Trade Organization (WTO) that sets out standards for the protection of various forms of intellectual property, including GIs. It requires WTO member countries to provide legal means for interested parties to prevent the use of misleading indications concerning the geographical origin of goods.
2. Lisbon Agreement for the Protection of Appellations of Origin and their International Registration: The Lisbon Agreement, administered by the World Intellectual Property Organization (WIPO), provides a framework for the international registration and protection of appellations of origin (AOs) and GIs. It allows producers to obtain protection in multiple member countries by submitting a single international application.
3. Paris Convention for the Protection of Industrial Property: The Paris Convention is an international treaty that covers various aspects of industrial property, including provisions related to GIs. It provides a framework for international cooperation in the field of industrial property and encourages the protection of GIs.

 Conclusion

It is important to note that the eligibility for GI protection varies among countries and regions, and the specific requirements for registration may differ accordingly. Generally, to obtain GI status, a product must be associated with a particular geographical area, and its specific qualities, reputation, or other characteristics must be primarily attributed to that origin. Producers seeking GI protection often have to demonstrate adherence to specific production methods and quality standards linked to the geographical area.