Geographical Indications India

According to the news sources there are few more commodities like Monsoon Malabar coffee, Tellicherry pepper, Aleppey green cardamom, Nilgiris tea and Assam orthodox tea are set to get the status of Geographical Indication from the Government.

Geographical indication is an indication that the particular goods have originated from or are manufactured in a particular territory. Classic example of international Geographical Indication is Champagne. The goods can be in any form natural, manufactured or agricultural. The special characteristics of the goods relate them to the geographical territory so they are termed as Geographical Indications. Few examples of Geographical Indications in India are Darjeeling Tea, Mysore silk, Paithani Sarees, Kota masuria, Kolhapuri Chappals, Bikaneri Bhujia and Agra Petha.

Each of the aforesaid commodities slated to get the status of Geographical Indication posseses distinct peculiar features which are related to their respective territories. For example, monsoon Malabar coffee has a yellowish tinge due to its exposure to the sea winds. These coffee beans are exposed to the sea winds nearly for six months to get that yellowish tinge mainly in Mangalore.

Tellicherry pepper is grown exclusively in Thalassery and other northern parts of Kerala. Its corns are larger than the typical black pepper corns, with dark brown colour. It is very aromatic and pungent, and the most complex, balanced and elegant of peppers.

The Alleppey green cardamom is the traditional grade that is internationally accepted. The size, colour and chemical constituents of this grade of cardamom, with high oil content, set it apart. The identity of this brand is interwoven with the geographical name Alleppey, the coastal district in Kerala.

Nilgiris tea has several qualities of flavor, prompting the Tea Board to file papers for registration. The registration has been sought for the orthodox variety of tea grown in the hilly Nilgiris district, with its elevation that gives it a unique flavor.

Significance of Geographical indication Registration:

• Such identification enables the product to gain reputation and goodwill all over the world consequently resulting into premium prices in national and international market.
• Recognition of a particular commodity as geographical indication also confers the right to protection under the Geographical Indication Act 1999, thereby preventing the unauthorized use of the commodity registered as GI by any third party.
• Geographical indication registration encourages community ownership and therefore it helps in proper distribution of the economic benefits accrued from commercialization of the commodity across a wider section of people in that territory.

Geographical Indications: Procedural Overview

Any association of person, producers, organization or authority established by or under the law can apply for a geographical indication provided the applicant must represent the interests of the producers.

An application for registration of a Geographical Indication is to be made in writing. along with fees and should be addressed to the “Registrar of Geographical Indications”, The application should include the various requirements and criteria for processing a geographical application as specified herein below:

• The Class of goods;
• The Territory;
• The particulars of appearance;
• Particulars of producers;
• An affidavit of how the applicant claims to represent the interest in the geographical indication;
• The standard bench mark or other characteristics of the geographical indication;
• The particulars of special characteristics;
• Textual description of the proposed boundary;
• The growth attributes in relation to the G.I. pertinent to the application;
• Certified copies of the map of the territory;
• Special human skill involved, if any;
• Number of producers;
• and Particulars of inspection structures, if any, to regulate the use of geographical indication.

On receipt of the application, a number will be allotted. Thereafter, the application would be examined to check whether it meets the requirements of the Act and Rules. For this purpose the Registrar shall ordinarily constitute a Consultative Group of experts to ascertain the correctness of the particulars furnished. After issuance of the Examination Report, submissions of the applicant would be considered. If no further objection is raised, the application would be accepted and would be advertised in the Geographical Indications Journal. An opposition can be lodged within a maximum of four month from the date of publication. If the opposition is dismissed, the application will proceed to registration in Part A of the Register unless the Central Government otherwise directs.

Written By: Manish Bhangale & Padmaja Khandge
Publish Date: 05-Dec-2007