WHAT IS GI

WHAT IS GEOGRAPHICAL INDICATION?

According to WIPO[i], 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.

The qualities, characteristic or reputation of the product should be essentially due to the place of origin. The use of GI as an indication of the product’s source, acts as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a good reputation due to its geographical origin.

Article 22.1 of the TRIPS Agreement defines geographical indications as “…indications which identify a good as originating in the territory of a Member [of the World Trade Organization], or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”[ii]

WHAT ARE THE AREAS COVERED UNDER GI?

Geographical Indication is used to highlight specific qualities of a product that are due to human factors found in the product’s place of origin, such as specific manufacturing skills and tradition. It is not limited to agricultural products.

Geographical indications are used to indicate the regional origin of particular goods, whether they are agricultural products or manufactured goods; provided that those goods derive their particular characteristics from their geographic origin. Any producer who meets the standards set by the GI owner can use a GI. In the United States, the owner of a GI can be any legal entity be it a government, an association of producers, or even an individual.

SOME EXAMPLES OF GI OF INDIA

Certain famous Indian Geographical Indications are:

  • Kashmir Saffron
  • Alphanso Mangi
  • Nagpur Orange
  • Odisha Rasagola
  • Darjeeling Tea
  • Basmati Rice
  • Mizo Puanchei
  • Agra Petha
  • Manipuri Black Rice
  • Arabmula Kannadi

PROCESS OF MAKING A GI APPLICATION

Section 11 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 deals with the application procedure for registering a geographical indication by an association or producers.

The application must contain:

  1. The class of goods to which the geographical indication shall apply.
  2. The geographical map of the territory of the country/ region/ locality.
  3. A statement of how the GI serves to designate the goods as originating from the concerned territory in respect of the quality, reputation or characteristic.
  4. The particulars regarding the appearance of the GI as to whether it is comprised of the words or symbols or both.
  5. A statement containing such particulars of the producers of the concerned goods.

SOURCES


[i] WIPO, https://wipo.int/portal/en/ (last visited Dec 5, 2021).

[ii] WIKIPEDIA, https://www.wikipedia.org/ (last visited Dec 6, 2021).

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

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We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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