Prohibition of registration of certain Geographical Indications

What is Geographical Indication?

It is an indication. It originates from a definite geographical territory. It is used to identify goods with unique characteristics that originate in a specific geographical territory. It is used to distinguish agricultural, natural, and manufactured goods. The manufactured goods must be manufactured, processed, or prepared in that territory. It should have a distinct quality, reputation, or other distinguishing features.

Reasons why product get prohibited to get GI tag:

which would be likely to deceive or cause confusion if used; or
the use of which would be in violation of any currently in force law; or
containing or containing controversial or filthy material; or
which includes or contains any matter that is likely to offend the religious sensibilities of any class or portion of Indian citizens; or
which would otherwise be ineligible for legal protection;
which have been declared to be generic names or indications of goods and, as a result, are not or have ceased to be protected in their country of origin, or which have fallen out of use in that nation; or
which, while literally true in terms of the territory, location, or locality

Offences and penalties

The Act’s Chapter VIII defines specified activities as offences punishable by detention, fine, or both.

Section 39 discusses the penalties for falsifying G.I.s and the conditions in which a person uses fake G.I. Selling items in which fake identification is utilised, as defined in Section 40.

Penalty increases for further convictions for falsifying, falsifying G.I.s, or selling items with false G.I.s.

Falsifying a G.I. as defined in Section 42. It is illegal to represent a G.I. as Registered when it is not registered.

They were inadvertently identifying a location relevant to the G.I. s Registry, as mentioned in Section 43. Falsification of Register records, as defined in Section 44.

In some instances, as specified in Section 45, there is no offence.

Section 46 provides immunity to some employees who work in the day-to-day operations of the business.

Section 18 describes the procedure for appealing the invalidity of registration by the accused.

Few examples:

Madhya Pradesh failed to claim GI tag for its basmati rice. Only 7 states of India are added to the list of Basmati rice cultivation. When APEDA was asked to add Madhya Pradesh, it denied and reasoned that if other states will be added and become eligible for GI then Basmati will lose its premium tag

Hyderabadi biryani: according to GI registry of Chennai,” the famous Hyderabadi Biryani has failed to secure a GI tag because the applicants failed to prove the historical origin and data related to the dish”

Conclusion:

Geographical indications enable producers to gain market recognition and, in some cases, a premium price. It have become a key source of niche marketing. Geographical indications are frequently associated with non-monetary benefits such as knowledge protection and community rights.

Reference:

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