As per World Intellectual Property Organization (WIPO):
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.
- Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications (GI) are covered as an element of Intellectual Property Rights (IPRs) .
- They are also covered under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations.
- India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection)Act, 1999 has come into force with effect from 15th September 2003.
Geographical Indications of Goods (Registration & Protection)Act, 1999:-
- The Act would be administered by the Controller General of Patents, Designs and Trade Marks- who is the Registrar of Geographical Indications.
- The Geographical Indications Registry would be located at Chennai.
- The registration of a geographical indication is valid for a period of 10 years.It can be renewed from time to time for further period of 10 years each.
How a geographical indication is different from a trade mark?
Ø A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises.
Ø Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.
