disclaimer

Geographical Indication is a public property belonging exclusively to the producers of the concerned goods and hence geographical indication cannot be assigned, transmitted, licensed, pledged, mortgaged or any other such agreement can arise from a registered Geographical Indication.

• A registered geographical indication is infringed by any person who, not being the registered proprietor or authorized user, uses such indication on the goods or suggests that thegoods originate in some geographical area other than the true origin of the goods,in order to mislead the public.
• Civil Action
• The rights holder may either initiate an infringement and/or passing off proceedings against an infringer. The infringement proceedings may however be initiated only if the geographical indication has been registered. The court may, in the case of infringement and/or of passing off, grant injunction and also grant either damages or accounts of profits, delivery-up of the infringing labels and indication for destruction or erasure.
• Criminal Action
• Criminal action is also available in case of violation of geographical indications. The police have the power to suo moto conduct raids and seizure operations. However, before making any search and seizure, the police officer have to obtain the opinion of the Registrar of Geographical Indications on the facts involved in the offence and shall act only upon the opinion that has been obtained.

• Registration of Geographical Indication is for a period of ten years but may be renewed from time to time onpayment of adequate fees. In the event a Geographical Indication is not renewed it is likely to be removed from the register.

• Any person claiming to be the producer of the goods in respect of which a geographical indication has been registered, may be an authorized user. Any person desirous of becoming an authorized user of a geographical indication has to apply to the Registrar in the prescribed manner on payment of the requisite fee.

• It grants legal protection to GIs in India;
• Registering GI’s prevents unwarranted use and dilution of a Registered Geographical Indication by others;
• Registering a GI provides legal protection/security to the consumers and also protects the interest of the producers.
• Registering Geographical Indications helps in enhancing exports;
• Registering GI’s encourages producers of goods in that particular geographical territory

• Any association of persons/producers/organization/authority who are representing the interest of the producers of the concerned goods or products can apply in writing to the Registrar for the registration of the geographical indication in the prescribed format.

• Though registration of a geographical indication is not compulsory, registration affords better legal protection and allows the registered proprietor or any authorized user to initiate infringement actions.

Darjeeling Tea, Mysore Sandal Soap, Nagpur Orange, Agra Petha, Kashmir Pashmina, Lucknow Chikan Craft, Baluchari Saree, Kancheepuram Silk. The entire list of GI’s which are registered in India can be obtained from the official website of the Geographical Indications in India.

• Both trade marks and geographical indications indicate the source of goods. However, geographical indications indicate goods having a common geographical origin and qualities which are specifically attributable to such geographical origin, whereas, a trade mark indicates the goods of one trader from those of another. A Geographical Indication is an indication of a place and all producers of such geographical region are entitled to use the geographical indication, on complying with certain standards. A trade mark is an indication of a particular traderwho has the exclusive right to use such trade mark.

• A geographical indication (commonly referred to as GI) is a name or sign used to indicate the geographical location or origin (e.g. a town, region, or country) of certain products. The use of GI allows the consumer to identify products which have certain qualities, which may be due to the use of certain traditional methods of manufacturing or due to the fact that such products enjoy certain reputation and distinctive features which is essentially attributable to the fact of its origin in that defined geographical locality, region or country.