All About Geographical Indication And How it is Different From Trademark

We always hear about Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, Agra Petha, etc., but do you know it is Geographical Indication tags given to particular products from the particular region only. Here, we give the concept of geographical Indication; rights are given by geographical Indication, governing body of geographical Indication, and how Geographical Indication differs from Trademark for general awareness. Geographical Indication plays a very important role in increasing the realm of the market. It boosts exports and tourism, and more importantly, it indirectly leads to sustainable development. In today’s article, you will get a brief idea of what is geographical induction and the difference between the Trademark and Geographical Indication.

So let us start from the basis of geographical induction.

What are the Geographical Indications (GI)?

Geographical Indications (GI) is a sign on the product that denotes the specific geographical origin and possesses qualities or a reputation due to that origin. In other words, we can say it envisions quality assurance and distinctiveness, which is essentially attributable to its origin in that defined geographical locality, region, or country.

Governing Body for Geographical Indication

1. International Level: It is governed by WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Under Articles 1, 2, and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs. They are also covered under Articles 22 to 24 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations.

2. In India: Geographical Indications of Goods (Registration and Protection Act), 1999 is a governing body administered by the Controller General of Patents, Designs and Trademarks, also Registrar of Geographical Indications. The Geographical Indications of Goods (Registration & Protection) Act, 1999, has come into force with effect from 15th September 2003.

Global Agricultural Heritage Systems GIAHS Sites in India.

Rights Provided by Geographical Indication

1. It is covered as an element of Intellectual property rights (IPRs) under the Paris Convention for Protection of Industrial Property.

2. Registration of a Geographical Indication confers the following rights on the registered proprietor and the authorised users.
3. Right to obtain relief regarding the infringement of the Geographical Indication.
4. Exclusive right to use the Geographical Indication about the goods regarding which Geographical Indication is registered.
5. Two or more authorised users of a registered Geographical Indication shall have co-equal rights.

Key points: Difference Between Trademark and Geographical Indication

Here is a list of key points of difference between trademark and geographical induction.

1. A trademark is a symbol, name, or identity of a firm that distinguishes one entity’s goods or services from those of another. A car is still an automobile, but its trademark allows it to be differentiated. BMW and Audi, for example, are the trademarks of their respective automobile manufacturers. In the case of a GI, the name denotes the product’s place of origin, and any producer in that geographic region can use the GI for that product.

2. A geographical indication (GI) is essentially collective protection provided to a group of producers from a specified place where the commodity was initially created. On the other hand, a trademark can be registered by a single person or a company.

3. While a trademark registered in a person’s name and address may only be used by that person or manufacturer, every manufacturer or producer in the same territory is permitted to use the same GI.

4. A trademark can be a letter, a word, digits, or a combination of characters and numbers and an abbreviation, name, gadget, hologram, sound, or odour. On the other hand, a GI can only be a name or a symbol associated with a location.

5. A Trademark is available for both goods and services, whereas GI is only for goods unique to a geographical region.

6. The individuality or uniqueness of a trademark is determined by human ingenuity or intellect. A trademark can be suggestive, descriptive, or arbitrary. A GI is a code that identifies a product based on its origin. The nature of the GI is determined by factors like geography, human labour, and the environment of a certain geographical place.

7. GI is a right enjoyed by a community/association of producers (community right). For instance, Assam Muga Silk has GI conferring rights to all such traders from that community. Trademark is a right enjoyed by only one person/company (individual right).

8. The Indian Trademarks Act 1999 governs trademarks, whereas the Geographical Indications of Goods (Registration and Protection) Act 1999 governs GIs.

Conclusion:

The only thing that a GI and a trademark have in common is that they serve as source indications. The main distinction is that, whereas a trademark identifies a thing or service as coming from a certain manufacturer, a geographical indicator indicates the geographical location from which the product comes, not the creator of the good in question. Both types of intellect. To a common person, trademark and geographical indicators are both resemblances of the identity of the goods. Champagne, Puma, Darjeeling Tea, and Ford are all well-known brands globally, and to an average person, they might appear similar. This article is intended to shed some light on What is geographical induction and the differences between trademarks and geographical induction.