Geographical Indications

Geographical indication (GI) is a kind of very special and specific tag used on products that have a specific geographical origin and have qualities or reputation due to that origin. (Traditional products, be it handicrafts, handloom fabrics, or food stuffs or agricultural, horticultural, plantation products) Thus the GI mark must identify the product arising at the given location. For example, the well-known Kanchipuram saree or Nilagiri Tea or Madurai Jasmine, or Nagpur Oranges or Banaras Silk etc. the moment one utters, the place, invariably the product associated with place ( for over several decades or centuries or thousands of years or time immemorial) comes to the mind of the consumer. Since the qualities are based on the geographical location of the product, there is a clear link between the product and the original location of its product. Government of India, provides registration for such origin specific products within India and also for products registered as GI’s throughout the world, getting GI registration through conventional (sui generis) basis. We in Solubilis take utmost privilege and pride in fostering our tradition and culture and would be pleased to offer our specialized services for registering such products with long standing fame and reputation associated with a given region, place and possibly getting them registered as Geographical Indication (GI’s) in India.

Importance of geographical indications:

Protection through Geographical Indication (GI) results in the development of the economic wealth of the producers, which further leads to the development of the country
It improve the export of the business
It provides the legal rights to prevent geographical regions from misusing his certification.
It enhances the product's reputation not within the county but throughout the entire world.
As now, the order of the day throughout being going Vocal for Local, it would the right step taken forward to explore possibility of registering products with high local reputation as GI’s and thus fostering regional, local economy and making the producers of such local products smile by enhancing their income levels

Documents required

Documents, samples and information identifying a geographical indication registered for protection in a geographical indication registration application include:
The name or sign being the geographical indication;
The product bearing the geographical indication;
The description of peculiar characteristics and quality, or reputation of the product bearing the geographical indication and particular elements of natural conditions decisive to the peculiar characteristics and quality, or reputation of the product (hereinafter referred to as the description of peculiar characteristics)
Historical references like manuscripts, gazetteers data and literature etc.
The map of the geographical area/region/territory from where the geographical indication, product / goods/ commodities originate
Documents evidencing that the geographical indication is under protection in the country of origin in case of a foreign geographical origin

Procedure to Register

Step 1: File the application

The application for registration of geographical indication will be made in triplicate.
The applicant will then have to submit the prescribed form along with the case statement signed by the applicant along with GI-1.

Step 2: Preliminary verification and examination

The application will be checked by the tester for any defects and discrepancies.
In case of any defects and discrepancies, the applicant is required to rectify it with a period of one month of his communication.

Step 3 - Issue Show Cause Notice

The same applicant will be informed if the Registrar has any objection to the application.
The applicant must respond within two months of receiving the notice or he may apply for a hearing.

Step 4: Advertising

Every application for registration of a geographical indication has been fully accepted or, subject to conditions or limitations, will be within three months of the acceptance published in the Geographical Indications Journal.

Step 5: Updates

The Registrar may check to time to time, subject to certain Terms and Conditions, rectify any error or modify the application, before or after acceptance of the application.

Step 6: Register

Upon acceptance of the application, the Registrar will register the geographical indication for it.
The Registrar will then issue to the applicant a certificate as per Rule 55 0f in Form-02 along with the seal of the Register of Geographical Indications (Registration and Security) Rules, 2002.

FAQ'S

A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.

Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.

The right to use a protected geographical indication belongs to producers in the geographical area defined, who comply with the specific conditions of production for the product.

Protection may be requested by a group of producers of the product identified by the geographical indication. The producers may be organized as an entity, such as a cooperative or association, which represents them and ensures that the product fulfils certain requirements which they have agreed upon or adhered to. In some jurisdictions, protection may also be requested by a national competent authority (for example, a local government authority).

Any association of persons, producers, organisation or authority established by or under the law can apply:
The applicant must represent the interest of the producers
The application should be in writing in the prescribed form
The application should be addressed to the Registrar of Geographical Indications along with prescribed fee.

Any association of persons, producers, organisation or authority established by or under the law can be a registered proprietor.
Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for.

No. A geographical indication 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 authorised user dies, his right devolves on his successor in title.

In the context of geographical indications, generic terms are names which, although they denote the place from where a product originates, have become the term customary for such a product. An example of a GI that has become a generic term is Camembert for cheese. This name can now be used to designate any camembert-type cheese. The transformation of a geographical indication into a generic term may occur in different countries and at different times. This may lead to situations where a specific indication is considered to constitute a geographical indication in some countries, whereas the same indication may be regarded as a generic term in other countries.