Geographical Indications

Abisha.S.JPrathisha.R

OutlineGeographical Indications (GI)

Types of GI

Why GI needs to be protected?

Advantages of GI

How are GIs Protected?

WIPO and GI

GI in India

Registration process

GI in Tamil Nadu

What is Geographical Indication?

Geographical indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country)Examples: Basmati rice, Swiss watches etc

“Porto”, “Havana”, “Tequila” and “Darjeeling are some well-known examples of names associated throughout the world withproducts of a certain nature and quality, known for their geographical origin and for having characteristics linked to that origin.

Can geographical indications only be used for agricultural products?

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HISTORY OF GI• First GI system used in France –

20th century--appellation d'origine contrôlée (AOC).– Items that meet geographical

origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins and standards of the product to the consumer.

– E.g: Gruyere cheese (from Switzerland) and many French wine

Geographical indications have long been associated with the concept of terroir and with Europe as an entity, where there is a tradition of associating certain food products with particular regions

Under European Union Law, the protected designation of origin framework which came into effect in 1992 regulates the following systems of geographical indications:

 Protected designation of origin (PDO), Protected geographical indication (PGI) and Traditional Specialities Guaranteed (TSG)

EU quality logos

Protected designations of origin (PDO): covers agricultural products and foodstuffs which are produced, processed and prepared in a given geographical area using recognised know-how.

(require all stages of the food production process to be carried out in the area concerned)

“Huile d’olive de Nyons” and “Shetland lamb”

Types of GI

Protected Geographical Indication (PGI): covers agricultural products and foodstuffs closely linked to the geographical area. At least one of the stages of production, processing or preparation takes place in the area, while the raw materials used in production may come from another region

Eg- Arancia Rossa di Sicilia”

Traditional Specialties Guaranteed (TSG):

 highlights traditional character, either in the composition or means of production. 

 

So, what is the difference?A certain product could potentially obtain a PDO if all the stages of production, processing and preparation are carried out in a defined geographical area.

If one of this stages is done outside this geographical area (for example, packaging) the product could obtain a PGI.

If the product and its ingredients are not directly linked to a specific geographical area, but traditionally the know-how or composition is recognised, the product could obtain a TSG.

Why GI is to be protectedDenote quality and origin of products

Good reputation for the product

Preventing the product from generic productsProtecting the domestic market from competitors

Advantages of GILegal protection and preventing from unauthorized use Benefits for farmers and local producersBoost the rural developmentReduces unfair practices of tradePreserving local culture and resourcesProvides complete information to consumers

How are GIs protected

In accordance with international treaties and national laws under a wide range of concepts:

special laws for the protection of geographical indications or appellations of origin

trademark laws in the form of collective marks or certification marks

laws against unfair competitionconsumer protection laws, orspecific laws or decrees that recognize individual

geographical indications.

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CONDITIONS TO GET GI It relates to a good although, in some countries, services

are also included;

These goods/services must originate from a defined area;

The goods/services must have qualities, reputations or other characteristics which are clearly linked to the geographical origin of goods.

The following are the prohibitions to registration of certain GI:-

the use of which would be likely to deceive or cause confusion; or

the use of which would be contrary to any law for the time being in force;or

which comprises or contains scandalous or obscene matter; or

What cannot be registered under GI

which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or

which are determined to generic names or indications of goods and are, therefore, not or ceases to be protected in their country of origin, or which have fallen in to disuse in that country; or

which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be.

The unique blue cheese from France is aged in natural caves around the Roquefort-sur-Soulzon region and protected using geographical indications.

The Pinggu district north of Beijing, China, bills itself as the biggest peach farm in the world, providing employment for over 150,000 people

Roquefort cheese

Pinggu peaches

International Agreements and Organizations on Geographical

Indications

The World Intellectual Property Organization (WIPO) is the global forum for intellectual property services, policy, information and cooperation.

WIPO

Role of WIPO

It is an international organization dedicated to ensuring the rights of creators and owners of the intellectual property are protected worldwide, and the inventors and authors are thus recognized and rewarded for their ingenuity

International treaties: part or entire protection of geographical indications.

WIPO and GI

Relevant treaties administered by WIPO

Paris ConventionMadrid Agreement for the Repression of False or Deceptive Indications of Source on GoodsLisbon AgreementProtocol Relating to the Madrid AgreementOverview of the TRIPS Agreement on the WTO website

Paris Convention for the Protection of Industrial Property

The Paris Convention, adopted in 1883, applies to industrial property in the widest sense, the repression of unfair competition. This international agreement was the first major step taken to help creators ensure that their intellectual works were protected in other countries.

Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods

According to the Madrid Agreement, all goods bearing a false or deceptive indication of source, must be seized on importation, or such importation must be prohibited, or other actions and sanctions must be applied in connection with such importation

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (which also provides for the international registration of certification marks)

Lisbon Agreement for the Protection of Appellations of Origin and their International Registration

The TRIPS Agreement - (came into effect on 1 January 1995):

addresses the international protection of GIs within the framework of the World Trade Organization (WTO)The three main features of the Agreement are

StandardsEnforcementDispute Settlement

.

Through the work of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) is the forum where WIPO's member states discuss policy and legal issues relating to the international development of law and standards for geographical indications and appellations of origin.

The WIPO international/worldwide Symposia, (held every two years).

WIPO GOLD is a free public resource which provides a one-stop gateway to WIPO’s global collections of searchable IP data. 

Delegates at a meeting of the SCT (Photo: WIPO).

WIPO GOLD

GI in IndiaIn India the Geographical Indications of Goods (Registration and Protection) Act, 1999 came in force with effect from September 2003.

Producers dealing with the following three categories of goods can apply:

Agricultural Goods includes

the production, processing, trading or dealing

Natural Goods includes exploiting, trading or dealing

Handicrafts or Industrial goods include making, manufacturing, trading or dealing

Process of registration in India:

Product wise distribution of GIs registered in India till 15 August 2009

Product category No. of registered GIs1. Handicrafts  73 2. Agricultural Products  24 3. Manufactured Products  6 4. Horticulture 2 5. Foodstuff  1 

Total GIs registered 106 

How to applyThe application must be filed at the Office of the GI Registry located in Chennai

Geographical Signification of the Indication Class of goodsGeographical AreaDetails of the appearanceParticulars of the producersAffidavit deposing the Applicant’s right to become the Registrant

Geographical Indications Registry Intellectual Property Office Building Industrial Estate, G.S.T Road Guindy, Chennai – 600 032 Ph: 044 – 22502091-93 & 98Fx : 044 – 22502090 E-mail: gir-ipo@nic.inWebsite : ipindia.gov.in

The Registrar will have the Application examined. Published in the GI journal. Notice of Opposition within a maximum period of four months

of publication in the Journal. If the Registrar accepts the Application then a certificate of

registration issued.

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. 

If a registered geographical indication is not renewed it is liable to be removed from the register. 

Validity of GI

Challenges • Low brand value• Lack of awareness of rules &

regulations.• rampant misuse of  Indian Gis.• Immigration of labors.

Why are geographical indications valuable?

• GIs are a marketing tool• Reputation for quality associated with place name used on

labels, advertising• GI-identified products are believed to command higher

prices• Of particular interest to developing countries

Geographical indications and trademarks

• GIs are closely related to trademarks; both indicate product origin

• GIs and trademarks differ in two ways:1. A trademark belongs to a particular company; it distinguishes that company’s products.  GIs are shared by all producers in the region identified by the GI.

2. GIs attach to a location; trademarks don’t.

Basmati Rice Darjeeling Tea Kanchipuram Silk SareeAlphanso MangoNagpur OrangeKolhapuri ChappalBikaneri BhujiaAgra Petha 

Examples of Indian GIs 

143 INDIAN TAGS FROM TAMIL NADU

Oddanchatram vegetablesKancheepuram SilkBhavani JamakkalamMadurai SungudiBidriwareCoimbatore Wet GrinderThanjavur paintingThanjavur Art PlateKovai Cora CottonSwamimalai Bronze IconsNagercoil temple jewelleryTanjavur dancing dollNilgiri teaDindugul lock

GI of Tamil nadu

ReferenceSahai, S., I. Barpujari. 2007. Are geographical indications better suited to protect indigenous knowledge? A developing country perspective, New Delhi: Gene Campaign. http://www.genecampaign.org/ home_files/Gene_Briefing/Policy%20Brief-2.pdf, accessed on December 22, 2012. WTO. 2004. Exploring the Linkage between the Domestic Policy Environment and International Trade, http://www.wto.org/english/res_e/booksp_e/anrep_e/ world_trade_report04_e.pdf, accessed on January 16, 2013.Rangnekar, D. 2004. The socio-economics of geographical indications, BRIDGES between Trade and Sustainable Development, Vol. 8 No. 8, pp 20-21. Rangnekar, D. 2009. Geographical indications and Localisation: A case study of Feni United Kingdom: Centre for the Study of Globalisation and Regionalisation, University of Warwick

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