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Geographical Indication

What is geographical indication?

Geographical indication is a sign used on products to indicate that they originate from a particular geographical area and possess certain qualities peculiar to that place or geographical area. Examples of GI can be Darjeeling Tea, Banarasi Saree etc. The list of state-wise registered GIs can be accessed at http://www.ipindia.nic.in/registered-gls.htm

Why is GI important?

  • Identifies the source of the goods
  • Assures consumers that the goods possess the quality and characteristic attributable to a particular area
  • Helps in getting relief in cases of infringement, misrepresentation and unfair competition.

Who can get a GI?

Any association of persons, producers, organisation or authority established by or under the law can apply provided they represent the interest of the producers.

Checklist

  • Statement of how the geographical indication serves to designate the goods as originating from the concerned territory in respect of the quality, reputation or other characteristics which are due exclusively or essentially to the geographical environment, with its inherent natural, and human factors and the production or processing or preparation of which takes place in such territory or region or locality.
  • The relevant class of goods to which the geographical indication shall apply.
  • The relevant class of goods to which the geographical indication shall apply.
  • The particulars regarding the appearance of the geographical indication as to whether it is comprised of the words or figurative elements or both;
  • Statement containing such particulars of the producers of the concerned goods, if any, proposed to be initially registered with the registration of the geographical indication as may be prescribed;

Registration process

An application can be filed wither online or offline. Having an address of service in India is a pre-requisite. The examiners will proceed with scrutiny of the application and prepare an examination report accordingly. Generally, the accepted applications are published within 3 months from acceptance and opposition is invited for the same. If no opposition is filed, the GI gets registered.