Geographical Indication Tags in India

An indication that identifies such goods as agricultural goods, natural goods, or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality within that territory, where a given quality, reputation, or another characteristic of such goods is essentially attributable to its geographical origin and in the case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods is considered to be the activity that gives rise to the indication.

In layman’s words, geographical indication (GI) is the status given to a product that is exclusive to a certain region or area and is sourced from that location. These items have earned a well-deserved reputation for their high level of quality. Simply by virtue of the fact that they may call that geographic location their home, a feeling of legitimacy and trust is automatically attached to them. For instance, Basmati rice is renowned for the singular fragrance that it exudes and the length of its grains. It can only be found on the plains of the Indo-Gangetic region. Following a protracted and contentious legal battle, the title of Geographical Indication (GI) was finally bestowed upon seven different states in India in the year 2016.

The scope of GI extends to include all of the following categories of merchandise:

Agricultural (example, Basmati rice) 

Natural (example, Makrana marble) artisan work or products of any business (example, Kashmiri pashmina)

Things to eat (example, Dharwad pedha)

In accordance with this, Section 2(g) of the GI Act has been enacted.

The places where the aforementioned products are created or grown are immediately identifiable with the products themselves.

The Importance of the GI Tag

You may or may not be familiar with concepts such as copyright, patent, trademark, and other intellectual property rights. Holders of a Geographical Indication Tag are granted rights and protections comparable to those described above.

A right to use a geographical indication gives people who already have the right to use the indication the ability to ban the third party from using the indication for a product that does not comply with the applicable standards.

For instance, in those jurisdictions in which the Darjeeling geographical indication is protected, producers of Darjeeling tea have the ability to prohibit the use of the term “Darjeeling” for tea that is not grown in their own tea gardens or that is not produced in accordance with the standards outlined in the code of practice for the geographical indication.

Legal Aspects of GI Tag 

It is against the law for the owner of a registered G.I. tag to use the registered mark of G.I. or the name of the company in connection with any product that is confusingly similar to the registered product. Following the conclusion of the TRIPS Agreement, there has been a rise in the amount of attention paid to the issue of whether or not all goods receive sufficient protection for their geographic signals. In addition, the World Trade Organization (WTO) negotiations in the field of industrial and agricultural products demonstrate the growing importance of increasing the level of conservation of geographical signals for wines and spirits to apply to all products. These negotiations are taking place in the field of industrial products. Because it is not the provisions of the treaty but rather the real national laws that give protection in relation to GIs, nations need to be aware of the fact that protection for GIs is best supplied under national laws. Because it makes it more likely that certain kinds of goods will be able to access markets, this kind of protection is an extremely useful marketing tool and an additional value for exporters. The GI tag is a crucial component for developing and preserving product abstractions as well as the uniqueness of the product’s essence and qualities. India is making rapid progress toward pursuing legal protection for this facet of intellectual property.

Conclusion 

A Geographical Indication (GI) is the status given to a product that is exclusive to a certain region or area and is sourced from that location. The scope of GI extends to include all of the following categories of merchandise: agricultural, natural, and manufactured goods. The GI tag is a crucial component for developing and preserving product abstractions as well as the product’s essence and qualities. It makes it more likely that certain kinds of goods will be able to access markets. India is making rapid progress toward pursuing legal protection for this facet of intellectual property.