A geographical indication (GI) is a label placed on products that have a specific geographical origin and have qualities or reputation that stem from that origin. A sign must identify a product as coming from a specific location in order to function as a GI. Darjeeling tea was the first product in India to receive a GI label in 2004-05.

In this article, we will learn more about the concept and importance of geographical indications which will be helpful for UPSC IAS exam preparation.

What are Geographical Indications (GI Tags)?

• A geographical indication right allows those who have the right to use the indication to prevent the third party from using it if their product does not meet the applicable standards.
• A geographical indication (GI) is a label placed on products that have a specific geographical origin and have qualities or a reputation that stems from that origin.
• Such a name conveys a sense of quality and uniqueness that is primarily attributable to its origin in that specific geographical location.
• In India, products with the Geographical Indication label are regarded as invaluable treasures of incredible India.
• Geographical indications are commonly used for agricultural products, foods, wine and spirits, handicrafts, and industrial products.
• A geographical indication can be registered for a period of ten years. It can be renewed for a further period of ten years.

Geographical Indications

Geographical Indications – Background

• The Geographical Indications of Goods (Registration and Protection) Act, 1999 was passed by Parliament in December 1999.
• This Act aims to improve the registration and protection of geographical indications relating to goods in India.
• The Controller General of Patents, Designs, and Trade Marks, who also serves as the Registrar of Geographical Indications, would be in charge of enforcing the Act.
• Geographical Indications Registry is located in Chennai.
• The Act went into effect on the 15th of September, 2003.

Who Accords and Regulates Geographical Indications?

International Level

• The Paris Convention for the Protection of Industrial Property includes geographical indications as a component of intellectual property rights (IPRs).
• The World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights also governs GI (TRIPS).

India

Geographical Indications registration in India is governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999, which went into effect in September 2003.

Geographical Indication vs Trademark

Benefits of GI Tags

• The products are legally protected.
• It prevents others from using GI tag products without permission.
• It enables consumers to obtain high-quality products with desired characteristics while also ensuring their authenticity.
• It increases the economic prosperity of GI tag goods producers by increasing their demand in national and international markets.

Issues with GI Tags

• Recently, there has been an increase in disagreements regarding the origin of the product under consideration. This is exacerbated by a lack of clear historical evidence.
  • For example, the debate over the origins of Roshogulla, a popular dessert from eastern India.
  • West Bengal and Odisha both claim that the dessert originated in their respective states. Each state hopes to promote its own cultural and regional jingoism over the other by 'winning' a GI tag.
• This type of unhealthy competition, as a point of discussion, tends to polarize the country along regional, cultural, and linguistic lines.
• Most states, in their rush to secure as many GI tags as possible, have overlooked the importance of enhancing the value of products that already have a GI tag.
• As a result, neither the local community nor the customer is benefitting economically.
• This trend calls into question the very concept of GI protection for native endemic products.

Significance of GI Tags

• A geographical indication right allows those who have the right to use the indication to prevent it from being used by a third party whose product does not meet the applicable standards.
  • For example, in jurisdictions where the Darjeeling geographical indication is protected, producers of Darjeeling tea can prohibit the use of the term "Darjeeling" for tea that was not grown in their tea gardens or was not produced in accordance with the standards outlined in the code of practice for Darjeeling tea.
  • A protected GI, on the other hand, does not allow the holder to forbid someone from making a product using the same methods as those specified in the standards for that indication.
  • Typically, GI tag protection is obtained by acquiring a right over the sign that constitutes the indication.
• Geographical indications are mostly traditional products made by rural communities over generations that have gained market prominence due to their precise qualities.
• The recognition and protection of these products' markets enable the producer community to devote and maintain the precise qualities of the product on which the reputation is built.
• This may also allow them to pool their resources to promote the product's reputation.
• Some of the observed impacts of GIon rural development are:
  • The supply chain is organized around a shared product reputation.
  • Price increases and price stability for the GI product
  • Value is added when it is distributed at all levels of the supply chain.
  • Natural resources, on which the product is based, can be preserved.
  • Traditions and traditional expertise must be preserved.
  • Tourism can be improved.

Protection of Geographical Indications

• There are three main methods for protecting a geographical indication:
  • sui generis systems (i.e., special regimes of protection);
  • collective or certification marks;
  • methods focusing on business practices, such as administrative product approval schemes; and unfair competition laws.
• These approaches differ on critical issues such as the conditions for protection and the scope of protection.
• On the other hand, two modes of protection — sui generis systems and collective or certification mark systems — share some characteristics, such as the establishment of rights for collective use by those who meet defined standards.
• In general, geographical indications are protected in various countries and regional systems using a variety of approaches, often combining two or more of the approaches outlined above.
• These approaches were developed in accordance with various legal traditions and within the context of individual historical and economic circumstances.

State Wise List of GI Tags in India

Conclusion

Only after a thorough historical and empirical investigation should the label for geographical indications be assigned. If the origin of a product cannot be effectively traced, either both states should be given ownership, or none of the regions should be given the GI tag. The states and the community must shift their focus away from mere certification for the sake of the region and instead direct all resources toward active product promotion.