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Geographical Indications

What is Geographical Indication?

Section 2(e)  Section 2(e) of the Geographical Indications of Goods  (Registration and Protection) Act, 1999 defines a GI as : “geographical indication”, in relation to goods, means an indication which 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 in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

GI establishes a GI registry by which it provides an authorised user and / or a registered proprietor a protection for notified goods which indicate their geographical origin, asserting their quality. These “Goods” means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff

Prerequisites to obtain a GI

To qualify for protection an indication must:

1. Identify the good and its area of geographical origin.

2. Possess a given quality, reputation or other characteristics which

3. Is essentially attributable to its area of geographic origin.

What cannot be registered under GI

9 lays down the following prohibitions to registration of certain GI:-

• the use of which would be likely to deceive or cause confusion; or

• the use of which would be contrary to any law for the time being in force;or

• which comprises or contains scandalous or obscene matter; or

• which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or

• which would otherwise be disentitled to protection in a court; or

• which are determined to generic names or indications of goods and are, therefore, not or ceases to be protected in their country of origin, or which have fallen in to disuse in that country; or

• which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be.

Procedure for Geographical Indication Registration:
 

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