Geographical Indications India

The Geographical Indications Act affords protection to goods that can be identified as originating or manufactured in the territory of a country or a region or locality in that territory where a given quantity, reputation or other characteristic of such goods is essentially attributable to its geographical conditions. In the case where such goods are manufactured goods, one of the activities of production or of processing or preparation at goods concerned takes place in such territory or locality as the case may be. The term is initially for a period of 10 years and can be renewed from time to time.

Until recently India did not have a specific law governing geographical indications of goods, which could adequately protect the interests of producers of such goods, unless a geographical indication is protected in the country of its origin, there is no obligation under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) for other countries to extend reciprocal protection. In view of this, it was considered necessary to have a comprehensive legislation for registration and for providing adequate protection for geographical indications. The pertinent has passed legislation, namely, the Geographical Indications of Goods (Registration and Protection) Act, 1999. The legislation will be administered through the Geographical Indications Registry under the overall charge of the Controller General of Patents, Designs and Trademarks.

Geographical Indication Rights have already been obtained for 'Darjeetdng Tea', 'Paithani Sarees', Kota Doria.

A Geographical Indications Registry has been established in Chennai for the purpose of administering the legislation.

Appeal against Registrar's decision would be to the Intellectual Property Appellate Board established under the Trade Marks legislation.