Understanding Geographical Indications (G.I)

Geographical indications are fast emerging as a popular trend in the field of Intellectual Property Rights as they pertain to the protection of the qualities and attributes of a product originating from a specific geographical region which holds the ideal condition to aid the production or growth of the commodity. A geographical Indicator helps the producer or manufacturer of a product to distinguish his product as unique and separate it from similar competitive products and also establishes goodwill for the product which fetches prime price. However Geographical Indications also bring with them a host of economic benefits. According to a Survey conducted in 1999 in the European Union it was found that agricultural products registered as GI’s accounted for up to 10- 15 % Premium price and 5- 10 % for Non-Agricultural commodities.

The concept of Geographical Indications is not new but in fact is said to have originated in the 19^th Century. On an International level, the legal framework pertaining to Geographical Indications is laid down in Article 22 of the Trade Related Aspects of Intellectual Property (TRIPS) Agreement. Article 22 directs its member countries to provide the legal means necessary to interested parties in order to secure their GI’s. According to the  TRIPS agreement GIs are defined as indications that  identify a product  as having  originated within the geographical territory  of a member country which may also be a region or locality contained in  that territory, wherein a the quality, reputation or any other specific characteristic of the commodity can be without a doubt attributed  to its ‘geographical origin’. Article 22 provides protection that covers three areas ; It provides Protection against the usage of indications which may be deceptive or which may mislead the general Public, It Provides protection against using indications in a way that would amount to unfair competition and thirdly protection when it comes to invalidating trademarks holding within them indications that may mislead the public.

Geographical indications help in isolating products that originate from a particular geographical location and create goodwill for the product. It has also immensely helped to fight counterfeiting in India.Geographical Indications have many other significant functions depending on the usage of the indicator and how it is ultimately perceived by the consumer. The first function is origin based, the designation provided to the commodity indicates its origin and its relation to that geographical area. The second function relates to quality as the geographical indications signify the unique attributes associated with the product solely because of its geographic point of origin and assure consumers of its high quality along with a satisfaction guarantee. The third function is investment and advertising based, Geographical indications protect the investment of the manufacturer as they render the product unique and also aid in the promotion and advertisement of the commodity. The fourth and most important function is that GI’s protect the culture of a particular territory as the preserve the age old traditional manufacturing process and the overall cultural signature of the product.Geographical indications also help to distinguish between fake and genuine products

In India the primary legislation related to Geographical Indications is the GI Act which was brought into force from September 15^th, 2003 onwards and has been pivotal to granting GI status to many commodities and also extended the scope of this particular area of Intellectual Property Rights. A central government registry for Geographical Indications has been established at Chennai which has nationwide jurisdiction and acts as a platform where GI’s may be registered. The most significant distinction between the Indian GI Act and the International TRIPS Agreement is that the protection offered by a country by means of Geographical Indications is not restricted only to wines and spirits. The Act grants discretionary powers to the central government and gives it the authority to decide which commodities can be protected under GI status. However it is worth mentioning that the registration for geographical Indicators is not mandatory in India.