Geographical Indications in India

In a country as diverse as India, where every region features its own crafts, flavors, and traditions, Geographical Indications (GIs) are essential in recognizing and safeguarding that diversity. A GI is more than just a label; it represents heritage, quality, and authenticity that connect a product to its cultural and environmental origins. Whether it’s the rich aroma of Darjeeling Tea or the intricate weaving of Banarasi silk, each GI embodies generations of craftsmanship and a close bond with the land. In a time of mass production and copying, GIs provide local communities with legal and economic protection.

This blog offers a comprehensive overview of GI in India, including its importance and eligibility criteria.

What is GI?

A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities, a reputation, or characteristics that are essentially attributable to that origin.

India’s GI regime is based on the Geographical Indications of Goods (Registration and Protection) Act, 1999, which has been in operation since 2003. This Act defines GIs as indicators linking product quality or reputation to their place of origin (Section 2(e)).

Features of Geographical Indications (GI):

1. 1. Origin-Based Protection
      A Geographical Indication is directly linked to a specific geographic location. The reputation, quality, or other characteristics of the product are attributable to its place of origin.

1. 1. Product-Specific Qualities
      The product covered under a GI must possess unique qualities or attributes that are a result of its geographical environment. These characteristics may stem from natural factors, such as climate and soil, or human factors, including traditional skills and craftsmanship.

1. 1. Collective Rights and Ownership
      Unlike trademarks, which individuals or companies own, a GI is a collective right held by a community, association, or group of producers located in the specified geographical region.

1. 1. Non-Transferable and Region-Specific
      A GI cannot be assigned, transferred, or used by anyone outside the defined geographical territory. Only authorized producers within the registered region are allowed to use the GI tag for their products.

1. 1. Quality Control and Standards
      Most GI-registered products are required to follow specific quality standards and traditional production methods. This ensures consistent quality and maintains consumer trust in the product.

1. 1. Mandatory Registration for Protection
      To receive legal protection, a GI must be officially registered with the Geographical Indications Registry in Chennai, India. Once registered, the GI is protected for ten years and can be renewed indefinitely.

Importance of GI

GI not only preserves cultural heritage, but it also helps promote economic development and protect the unique identity of region-specific products in a globalized marketplace. It helps in:

• • Preservation of Cultural Heritage

GI helps safeguard centuries-old craftsmanship, indigenous practices, and artisanal methods tied to specific regions.

• • Economic Upliftment

GIs offer small producers a platform to demand premium value and access job markets linked to tourism, packaging, and exports. For example, Koraput’s GI-tagged rice, coffee, and sarees were recently promoted through workshops under the RAMP scheme, while Koraput’s GI Kalajeera rice was supplied to the Puri temple.

• • Quality Assurance & Consumer Trust

Authorized use of GI discourages fakes; legal protection empowers rightful users to seek injunctions and damages.

• • Legal Enforcement Against Imitation
    GI registration confers legal rights to producer groups against fraudulent usage or deceptive labelling.

• • Boost to Tourism and Local Economies
    GI products act as cultural ambassadors, attracting tourists seeking authentic regional experiences from tea estate visits in Darjeeling to handloom villages in Andhra Pradesh.

• • Export Promotion and Global Trade Advantage
    With recognized GI tags, Indian products gain credibility and visibility in international markets. This helps prevent unauthorized misuse, supports export growth, and aligns with global trade frameworks, such as the TRIPS agreement. For example: Basmati rice and Darjeeling tea.

Landmark GIs in India and Recent Additions

India has a variety of registered GIs, such as:

1. 1. Darjeeling Tea: Recognized for its distinct aroma and flavor that can only be attributed to the Darjeeling hills in West Bengal.

1. 1. Kanchipuram Silk Sarees: Woven using traditional techniques passed down through generations in Tamil Nadu.

1. 1. Madhubani Paintings:  Originating from Bihar, these paintings reflect a unique regional art form practiced by local communities.

1. 1. Nagaland Chakhesang Shawls: Known for their specific tribal patterns and weaving style, tied to the cultural identity of the region.

1. 1. Alphonso Mangoes: Cultivated in Ratnagiri and its surrounding regions, they are globally recognized for their distinctive taste and quality, which is attributed to the region’s coastal climate.

Eligibility Criteria for GI Registration in India

To register a product as a Geographical Indication (GI) in India, the following criteria must be satisfied:

1. 1. The Product Must Qualify as a ‘Good’

Under Section 2(1)(f) of the GI Act, 1999, the term “goods” includes:

• • Agricultural products

• • Natural goods

• • Manufactured goods

• • Foodstuffs

• • Handicrafts

• • Industrial products

The product must be tangible and tradeable, and must fall within one of these categories.

• • Origin Must Be Geographically Specific

The product must originate from a defined geographical area, which could be:

• • A village

• • Town

• • District

• • Region

• • State

• • A specific locality within India

• • Unique Qualities Must Be Attributable to the Geographic Origin

The product must have:

• • A specific quality

• • Reputation, or

• • Other characteristics

…that are essentially due to its geographical origin. These qualities may be the result of natural factors (such as climate, soil, terrain) or human factors (such as traditional craftsmanship, local know-how, or cultural practices).

• • Must Not Be a Generic Term

The name or term proposed for registration must not be generic or commonly used to describe a category of products in general, especially if it has lost its geographical significance over time.

Example: A term like “Basmati” can be registered because it retains its geographical relevance. A term like “Cheddar” might be rejected if used in a generic sense.

• • Applicant Must Represent the Interests of Producers

Only the following entities are eligible to apply for GI registration:

• • An association of persons

• • A producers’ organization

• • A cooperative society

• • A statutory body or authority established under law

The applicant must represent the interests of the producers of the concerned goods. A declaration or affidavit is generally required to confirm this.

• • Existence of Producers in the Region

There must be an identifiable group of producers or manufacturers within the geographical area who are engaged in the production, processing, or preparation of the goods.

• • No Conflict with Existing GIs or Trademarks

The proposed GI should not:

• • Conflict with existing GIs registered in India or internationally.

• • Mislead consumers about the origin of the goods.

• • Infringe on trademarks, especially if the trademark has been in continuous use in good faith.

• • Inspection Body Must Be Defined

The application must identify an inspection or monitoring body that will oversee:

• • The use of the GI

• • Compliance with quality standards

• • Maintenance of authenticity by authorized users

Renewal of Geographical Indication (GI) in India

Like other forms of intellectual property, GI registration does not last forever but can be renewed periodically to maintain protection.

Duration of GI Protection

• • A registered GI is valid for 10 years from the date of registration.

• • It can be renewed indefinitely for subsequent periods of 10 years each by filing a renewal request.

What Happens If GI Is Not Renewed?

• • If a GI is not renewed within the prescribed time or grace period, it is removed from the GI Register.

• • Once removed, the GI loses legal protection, and the name may be used without restriction by others.

• • However, restoration is possible within one year from the date of removal by submitting Form GI-5 along with the prescribed restoration fee and renewal fee.

Conclusion

Geographical Indications are more than markers of origin – they are vessels of tradition, livelihood, and regional identity. In India, where diversity is both cultural and ecological, GIs serve as a powerful tool to protect the age-old knowledge system. They empower communities by linking quality with provenance, giving farmers, artisans, and weavers rightful ownership over what they have inherited and perfected. When effectively implemented, GIs can foster rural development, preserve intangible heritage, and elevate India’s standing in global trade.