Geographical Indications

of Goods
SUBMITTED TO : PROF. GIRISH JASWAL

SUBMITTED BY:
DALIP RAI, MBA -2ND YEAR
OPERATIONS-1
500902009
 INTRODUCTION

Geographical indications are today considered major intellectual assets in relation to a variety
of goods. They are seen not only as a tool for protecting consumer’s interests but also as a legal
and economic tool for the development of rural areas and the preservation of cultural heritage.
The importance that geographical indications have gained over the last few decades is reflected
in their inclusion as protectable subject matter under the World Trade Organization (WTO)
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1994 and in
subsequent bilateral and regional trade agreements as well as the immense interest in the
current negotiations in the context of the Doha Round of Multilateral Trade Negotiations.

Geographical indications are also a global issue, regulated in international law by the WTO and
attracting increasing attention world-wide. Indeed, geographical indications have been said to
be “the Sleeping Beauty of the intellectual property world” as although they have been around
for a long time, there has been a widespread awakening in recent years, as to their business
value. In particular, many developing countries have recently jumped on the wagon of the
geographical indication culture, by associating products with their places of origin and
developing external markets for some of these local products

The use of geographical indications is an important method of indicating the origin of goods
and services. One of the aims of their use is to promote commerce by informing the customer
of the origin of the products. Often this may imply a certain quality, which the customer may be
looking for. They can be used for industrial and agricultural products. Protection of such
indications is on a national basis but there are various international treaties that assist the
protection in a range of countries.

GI is an important feature under the regime of Intellectual Property rights (IPR) that supports
the weavers by giving them an exclusive right over their creative minds. Intellectual property
rights can be defined as the rights given to people over the creations of their minds. They
usually give the creator an exclusive right over the use of his/her creations for a certain period
of time.

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Intellectual property rights are traditionally divided into two main categories:

Copyright and rights related to copyright: i.e. rights granted to authors of literary and artistic
works, and the rights of performers, producers of phonograms and broadcasting organizations.
The main purpose of protection of copyright and related rights is to encourage and reward
creative work.
Industrial property: This includes (1) the protection of distinctive signs such as trademarks and
geographical indications, and (2) industrial property protected primarily to stimulate
innovation, design and the creation of technology. In this category inventions (protected by
patents), industrial designs and trade secrets are included.

For the purposes of the TRIPS Agreement, “intellectual property” refers to: ... all categories of
intellectual property that are the subject of Sections 1 to 7 of Part II of the agreement.
The IPRs are protected worldwide by the following ways:

(a) Government and Parliaments have given creators these rights as an incentive to produce
ideas that will benefit society as a whole.

(b)The 1986-94 Uruguay round achieved that the WTO’s Agreement on TRIPS is an attempt to
narrow the gaps in the way these rights are protected around the world and to bring them
under common international rules.

(c) It establishes minimum level of protection that each government has to provide to the
Intellectual Property of fellow WTO members. The Agreement sets out minimum standards to
be adopted by the parties, though they are free to provide higher standard of protection.

(d) When there are trade disputes over IPRs, the WTO’s dispute settlement system is now
available.

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GI tag is an indication that authenticates the origin of a product to a particular region of India.
The product needs to have a special characteristic related to the geographical climate or unique
production technique that makes it distinct and provides it a differentiated identity among rest
of them. This registration not only provides lawful security but also curbs illegal use of GI
registered. It also helps the producers' prosperity and the exports are ascends. The registration
is valid for 10 years after which the producers can again apply for registration. If it is not re-
registered after every 10 years, it is removed from the list.

Geographical indications identify a good as originating in the territory of a member, or a region

or locality in that territory, where a given quality, reputation or other characteristic of the good
is essentially attributable to its geographical indications. Several commercial products are
traditionally produced in specific geographically definable region. Some well-known GIs are
“Darjeeling Tea” from India, “Chianti Wine” from Italy, and “Champagne Wine” from France;
“Tequila Spirit” from Mexico; “Idaho Potatoes” from USA; “Swiss Chocolates” from
Switzerland.

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All these names typically convey an assurance of quality & distinctiveness, which is essentially
attributable to the fact that it originates in a defined geographical locality, region or territory.
Where these products are accredited specific criteria essentially attributable to their
geographical provenance, the geographical indication becomes, in trade relations, the reliable
“carrier” of qualifying product characteristic. Geographical indications are then ascribed the
function and importance of trademarks and entitled to legal protection.

Geographical Indications are similar to trademarks in that they function as source indicators.
However, the key distinction lies in the fact that while a trademark identifies a good or service
as originating from a particular producer, a geographical indication identifies not the producer
of the good concerned, but the geographical region from where the product originates.
Geographical Indications are valuable as ‘marketing tools’ in the global economy. Some WTO
members believe that Geographical Indicators no matter where created or protected should
always be superior in right to a trademark. Geographical Indications prevent misuse of
designation or presentation of a product, which indicates that the product originates in a place
different from where it actually originates. This is considered to be a worse than depicting an
inferior object of superior quality by misusing a trademark of a good quality product.

However, the exceptions to protections are if the GI becomes generic that is if the name of a
place is used as the designation of a kind of product, rather than an indication of the place of
origin of that product, this term no longer functions as a geographical indication. For example,
“Dijon Mustard,” a style of mustard originally from the French town of Dijon has over time
come to denote a certain kind of mustard, regardless of its place of production, whereas “Dijon
mustard” was once only made in Dijon.

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 TRADEMARK VERSUS GI

A trademark is a sign that an individual trader or company uses to distinguish its own goods or
services from the goods or services of competitors. The Trade Marks Act, 1999 provides for
registration of “collective marks,” “certification marks” and service marks, in addition to trade
marks.
A trade mark is used by an enterprise to distinguish its goods or services from those of others
and its exclusive right is vested in its proprietor. Collective marks belong to a group or
association of persons and can be used by its members alone. A certification mark shows that
the goods on which such mark is affixed are certified of having certain characteristics of origin,
method of manufacture, quality, etc., and it is owned by the agency, which certifies such as ISI
(Indian Standards Institute), AGMARK, etc.
Whereas, a geographical indication denotes that a certain product originates from a particular
place and represents a community of producers in a particular geographical area, whose
products have the same characteristics and quality. Further, a geographical indication can only
be registered by an association or producers or organization etc., established by law and
representing the interest of the producers of the goods for which the registration is applied.
A geographical indication is used to show that certain products have a certain regional origin.
A geographical indication must be available for use by all the producers in that region.

Difference between a Geographical indication and a Trademark

 A trademark is a symbol that differentiates a good or a service from another on the
basis of enterprise or company while GI distinguishes one product from other based on
its unique characteristic and the geographical location.
 G.I can not be created, Trade Marks can be created
 G.I is the Common property of the producers of the particular region, while Trade Marks
indicate the personal property of commercial enterprise
 G.I cannot be rescinded for non use, while trade marks can be rescinded for non use
 Licensing of G.I is not allowed whereas trademarks can be licensed

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 Protection of Geographical Indications

Traditionally, buyers of silver carp have preferred those from Padma river in the Eastern part of
the Indian sub-continent. People constructing a house or a building would ask for the Rajasthan
marbles. Association of place names with certain qualities of a product has been particularly
prevalent in the case of textiles and dress materials. Saris , for instance, always used to be
referred to by their places of manufacture. In fact, they became so closely associated that the
place name sometimes substituted totally for the product or generic name. A Kancheepuram
without any product name is understood by the discerning customer as referring to
Kancheepuram sari only. However, efforts to extend legal protection for those names are of
recent origin in India.

Consequent on its membership of the World Trade Organization and the attendant Agreement
on Trade-related Aspects of Intellectual Property Rights (TRIPS), India explored avenues for
extending proper legal protection to geographical indications. While TRIPS Article 24.9 provides
that WTO Members have no obligation to protect GIs that are not protected in the country of
origin, they must extend protection to goods imported from other countries that do provide
such protection. This fact weighed heavily in the government’s efforts to extend legal means to
protect Indian geographical indications (GIs).

The Trade and Merchandise Marks Act, 1958 had provided some protection through
certification marks. However, this provision did not extend direct legal protection to all
producers since owners of such marks could resort to monopolization through cartelization.

Taking recourse to the provisions on ‘passing off’ under the same law was another means to
protect GIs, but this was a slow and cumbersome process. It required proving that the infringer
had deliberately tried to poach on the reputation of a particular product. Besides, success was
not always guaranteed, as happened in the case of the Scotch Whisky Association, which had
won a case at the state level High Court but lost at the Supreme Court.1

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After having considered various options and reviewing the protection available for geographical
indications in different jurisdictions of the world, the government of India finally opted for a sui
generis legislation to protect its geographical indications.

The Geographical Indications of Goods (Registration and Protection) Bill, which entered into
force in September 2003, sets up a Geographical Indications Registry and an Intellectual
Property Appellate Board to hear appeals over the decisions of the Registrar of Geographical
Indications. According to the legislation’s broad definition, a 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 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.”

THE ACT FURTHER CLARIFIES THAT

“any name which is not the name of country, region or locality of that country shall also be
considered as the geographical indication if it relates to a specific geographical area and is
not used upon or in relation to particular goods originating from that country, region or
locality, as the case may be.”
It is interesting to note that in order to remove all doubts about the scope of goods, the Act
states that any handicrafts or of industrial products, including food stuffs, fall within the
meaning of ‘goods’.
The Act provides for a registration system through application. However, unlike with other
intellectual property rights, the application must be made by an association of persons or
producers or any organization or authority established by or under a law for in force that
represents the interests of the producers of the goods concerned. The reason behind this is

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that geographical indications are not built up by one individual but by a community of persons
in a particular locality or region. This concept has also influenced the provision which prohibits
assignments, transmissions, licensing, pledges and mortgages of any right arising out of
registration of a geographical indication. The period of protection is for ten years which can be
renewed indefinitely.
The first application received by the Geographical Indications Registry was for Darjeeling tea.
Dated 27 October 2003, it was filed by the Tea Board of India, an authority established by the
government. The history of Darjeeling tea goes back to the 18th century, when tea was planted
in the salubrious climate of the Darjeeling hills of Eastern India. Due to the special weather and
soil conditions in the region, Darjeeling tea has a unique taste. The application was examined by
a consultative group comprising legal and technical experts, as well as the Registrar of
Geographical Indications. It was also advertised inviting oppositions, if any.
After completion of all formalities, Darjeeling tea became the first registered geographical
indication of India on 29 October 2004. This was soon followed by the registration of
Pochampalli ikat (fabric) and Chanderi sari (textiles) on 31 December 2004 and 28 January 2005,
respectively.

GI is a recognized Intellectual Property PR under the World Trade Organization's (WTO) TRIPS
agreement. The Controller of Patents and Trademarks is the governing body for Registrar of
Geographical Indications which is located in Chennai. Till the end of March 2010, a total of 120
products have been registered under the GI Act, which include agricultural products,
handicrafts, manufactured products and textiles. Whilst, Patents belong to individuals, the GI is
a collective right of the community protected either by their group or state, helping art and
artisans to survive.

Examples of geographical Indication in India: Basmati Rice, Darjeeling Tea, Pochampally Ikat,
Jasmin Rice etc. It has been estimated that about 50000 products in India needs protection
under GI.

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 PROVISIONS OF TRIPS

In 1994, when negotiations on the WTO Agreement on Trade-Related Aspects of Intellectual

Property Rights ("TRIPS") were concluded, governments of all WTO member countries (151
countries As of August 2007) had agreed to set certain basic standards for the protection of GIs
in all member countries. There are, in effect, two basic obligations on WTO member
governments relating to GIs in the TRIPS agreement:
1. Says that all governments must provide legal opportunities in their own laws for the
owner of a GI registered in that country to prevent the use of marks that mislead the
public as to the geographical origin of the good. This includes prevention of use of a
geographical name which although literally true "falsely represents" that the product
comes from somewhere else.
2. Says that all governments must provide the owners of GI the right, under their laws, to
prevent the use of a geographical indication identifying wines not originating in the
place indicated by the geographical indication. This applies even where the public is not
being misled, where there is no unfair competition and where the true origin of the
good is indicated or the geographical indication is accompanied by expressions such as
"kind", "type", "style", "imitation" or the like. Similar protection must be given to
geographical indications identifying spirits.
Article 24 of TRIPS provides a number of exceptions to the protection of geographical
indications that are particularly relevant for geographical indications for wines and spirits
(Article 23). For example, Members are not obliged to bring a geographical indication under
protection where it has become a generic term for describing the product in question.
Measures to implement these provisions should not prejudice prior trademark rights that have
been acquired in good faith; and, under certain circumstances — including long-established use
— continued use of a geographical indication for wines or spirits may be allowed on a scale and
nature as before.

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In the Doha Development Round of WTO negotiations, launched in December 2001, WTO
member governments are negotiating on the creation of a ’multilateral register’ of geographical
indications.
Some governments participating in the negotiations (especially the European Communities)
wish to go further and negotiate the inclusion of GIs on products other than wines and spirits
under Article 23 of TRIPS. These governments argue that extending Article 23 will increase the
protection of these marks in international trade. This is a controversial proposal, however, that
is opposed by other governments including the United States who question the need to extend
the stronger protection of Article 23 to other products. They are concerned that Article 23
protection is greater than required, in most cases, to deliver the consumer benefit that is the
fundamental objective of GIs laws.

India Seeks Strong GI Protection for All Products at the WTO

Since its strength is in products other than wines and spirits, India has been arguing in the TRIPS
Council for that the higher level of protection provided under TRIPS Article 23.1 for GIs
denoting wines and spirits should be extended to all products. Two levels of protection for one
form of intellectual property is in itself not logical, and this kind of distinction has not been
made in the other intellectual property rights. If a wine’s reputation and market can be hurt by
the claim of another wine that it is some kind of a variation of the former, so can a handloom
silk get hurt by a claim by a product from a different region.
Negotiations are also underway on the establishment of a multilateral register for wine and
spirit GIs. There is no rationale for limiting an international register to wines and spirits only
when there are geographical indications in so many different fields, such as agriculture and
manufacture, as well as the natural goods sector. A geographical indication is a marketing tool,
besides protecting consumer interests. The tool ought to be equally available for all products as
in the case of patents and trademarks. India has been consistently arguing in the TRIPS Council
for an extension of the multi-lateral register to all products. Having such a register for wines
and spirits alone will be of no use to countries like India, whose traditional strengths are in
handicrafts, handloom textiles and food products.

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Not only in India, but also in most other developing countries legal protection for geographical
indications is of comparatively recent origin. These countries need to look into their products
which bear geographical indication tags and urge the international community to make the
necessary amendments to the TRIPS Agreement so that their domestic producers gain
economically. For the large number of artisans engaged in the production of such products this
will also be a social boost, a recognition for their skill which has local roots. Further, the
protection afforded by GIs for handicrafts, handlooms and food stuffs, help to some extent the
preservation of local culture and traditional knowledge, as these are tangible expressions of
culture. Artisans may, perhaps, need help from governments in developing their marketing
strategies. But any investment in the sector is likely to boost the rural economy, where the
majority developing country populations still live.

THE INDIAN GI ACT

India has put in place a sui generis system of protection for GI with enactment of a law
exclusively dealing with protection of GIs. The legislations which deals with protection of GI’s in
India are ‘The Geographical Indications of Goods (Registration & Protection) Act, 1999’ (GI Act),
and the ‘Geographical Indications of Goods (Registration and Protection) Rules, 2002 (GI Rules).
India enacted its GI legislations for the country to put in place national intellectual property
laws in compliance with India’s obligations under TRIPS. Under the purview of the GI Act, which
came into force, along with the GI Rules, with effect from 15 September 2003, the central
government has established the Geographical Indications Registry with all-India jurisdiction, at
Chennai, where right-holders can register their GI.
Unlike TRIPS, in the GI Act does not restrict itself to wines and spirits. Rather, it has been left to
the discretion of the central government to decide which products should be accorded higher
levels of protection. This approach has deliberately been taken by the drafters of the Indian Act
with the aim of providing stringent protection as guaranteed under the TRIPS Agreement to GI
of Indian origin. However, other WTO members are not obligated to ensure Article 23-type
protection to all Indian GI, thereby leaving room for their misappropriation in the international
arena.

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The definition of GI included in Section 1(3) (e) of the Indian GI Act60 clarifies that for the
purposes of this clause, any name which is not the name of a country, region or locality of that
country “shall” also be considered as a GI if it relates to a specific geographical area and is used
upon or in relation to particular goods originating from that country, region or locality, as the
case may be. This provision enables the providing protection to symbols other than
geographical names, such as ‘Basmati’.

STATUS OF GI REGISTRATIONS IN INDIA

Around 65 GI’s of Indian origin have already been registered with the GI Registry. These include
GI like Darjeeling (tea), Pochampalli, Ikat (textiles), Chanderi (sarees), Kancheepuram silk
(textiles), Kashmir Pashmina (shawls), Kondapalli (toys), and Mysore (agarbattis).
GI’s registered during 2007-08 include ‘Muga Silk’ from Assam, ‘Madhubani paintings’ from
Bihar, ‘Malabar pepper’ and ‘Alleppey Green Cardamom’ from Kerala, ‘Cora Cotton’ from Tamil
Nadu, ‘Allahabad Surkha’ from Uttar Pradesh, ‘Nakshi Kantha’ from West Bengal, ‘Monsooned
Malabar Coffees’ from Karnataka and Kerala. There is many more Indian GI in the pipeline for
registration under the GI Act.

PRODUCT-WISE DISTRIBUTION OF GI'S REGISTRATION

Product-wise distribution of GI's registration

8%
Handlooms and Handicrafts
23%

Agriculture
69%
Others

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REGISTRATION PROCESS

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 CLASSIFICATION OF GOODS

I. For the purposes of the registration of a geographical indication or as an authorized

user, goods shall be classified in the manner specified in the Fourth Schedule.
II. The goods mentioned in the Fourth Schedule only provide a means by which the general
content of numbered international classes can be quickly identified. They correspond to
the major content of each class and are not intended to be exhaustive in accordance
with the International Classification of Goods. For determining the classification of
particular goods and for full disclosure of the content of international classification,
reference may be made to the alphabetical index of goods if any, published by the
Registrar under sub-section (3) of section 8 or the current edition of International
Classification of Goods for the purpose of registration of trade marks published by the
World Intellectual Property Organization or any subsequent edition as may be available.
III. Where goods of more than one class are set out in an application for which only one
application fee has been paid, the Registrar shall require the applicant to amend the
application in order to restrict the goods to a single class.

NAME OF THE CLASSES

Class 1: Chemical used in industry, science, photography, agriculture, horticulture and

forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing
compositions; tempering and soldering preparations; chemical substances for preserving
foodstuffs; tanning substances; adhesive used in industry

Class 2: Paints, varnishes, lacquers; preservatives against rust and against deterioration of
wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters;
decorators; printers and artists

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Class 3: Bleaching preparations and other substances for laundry use; cleaning; polishing;
scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions,
dentifrices

Class 4: Industrial oils and greases; lubricants; dust absorbing, wetting and binding
compositions; fuels (including motor spirit) and illuminants; candles, wicks

Class 5: Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for
medical use, food for babies; plasters, materials for dressings; materials for stopping teeth,
dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides

Class 6: Common metals and their alloys; metal building materials; transportable buildings of
metal; materials of metal for railway tracks; non-electric cables and wires of common metal;
ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of
common metal not included in other classes; ores

Class 7: Machines and machine tools; motors and engines (except for land vehicles); machine
coupling and transmission components (except for land vehicles); agricultural implements other
than hand-operated; incubators for eggs

Class 8: Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9: Scientific, nautical, surveying, electric, photographic, cinematographic, optical,

weighing, measuring, signaling, checking (supervision), life saving and teaching apparatus and
instruments; apparatus for recording, transmission or reproduction of sound or images;
magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-
operated apparatus; cash registers, calculating machines, data processing equipment and
computers; fire extinguishing apparatus

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Class 10: Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs,
eyes and teeth; orthopedic articles; suture materials

Class 11: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying
ventilating, water supply and sanitary purposes

Class 12: Vehicles; apparatus for locomotion by land, air or water

Class 13: Firearms; ammunition and projectiles; explosives; fire works

Class 14: Precious metals and their alloys and goods in precious metals or coated therewith,
not included in other classes; jewellery, precious stones; horological and other chronometric
instruments
Class 15: Musical instruments

Class 16: Paper, cardboard and goods made from these materials, not included in other
classes; printed matter; bookbinding material; photographs; stationery; adhesives for
stationery or household purposes; artists’ materials; paint brushes; typewriters and office
requisites (except furniture); instructional and teaching material (except apparatus); plastic
materials for packaging (not included in other classes); playing cards; printers' type; printing
blocks

Class 17: Rubber, gutta percha, gum, asbestos, mica and goods made from these materials
and not included in other classes; plastics in extruded form for use in manufacture; packing,
stopping and insulating materials; flexible pipes, not of metal

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Class 18: Leather and imitations of leather, and goods made of these materials and not
included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols
and walking sticks; whips, harness and saddler

Class 19: Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch
and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20: Furniture, mirrors, picture frames; goods(not included in other classes) of wood,
cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl,
meerschaum and substitutes for all these materials, or of plastics

Class 21: Household or kitchen utensils and containers(not of precious metal or coated
therewith); combs and sponges; brushes(except paints brushes); brush making materials;
articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in
building); glassware, porcelain and earthenware not included in other classes

Class 22: Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in
other classes) padding and stuffing materials (except of rubber or plastics); raw fibrous textile
materials
Class 23: Yarns and threads, for textile use

Class 24: Textiles and textile goods, not included in other classes; bed and table covers.

Class 25: Clothing, footwear, headgear

Class 26: Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles;
artificial flowers

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Class 27: Carpets, rugs, mats and matting, linoleum and other materials for covering existing
floors; wall hangings (non-textile)

Class 28: Games and playthings, gymnastic and sporting articles not included in other classes;
decorations for Christmas trees

Class 29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and
vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations
made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder;
salt, mustard; vinegar, sauces, (condiments); spices; ice

Class 31: Agricultural, horticultural and forestry products and grains not included in other
classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs
for animals, malt

Class 32: Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and
fruit juices; syrups and other preparations for making beverages

Class 33: Alcoholic beverages (except beers)

Class 34: Tobacco, smokers’ articles, matches

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 SOME OF GI APPLICATION DETAILS

GI
Application
No. Name of GI Class Goods
1 Darjeeling (Word) 30 Tea
2 Darjeeling (Logo) 30 Tea
3 Aranmula Metal Mirror 20 Metal Mirror
Textiles and Textile Goods including
4 Pochampally Ikat 24,25& 27 Sarees and Rumal; Carper, rugs and
Mats
5 Salem Fabric 24 Textile and Textile Goods
6 Payyannur Pavithra Ring 14 Jewellery
7 Chanderi Sarees 24 Sarees
8 Solarpur Chaddar 24 Textiles and Textile Goods
9 Solarpur Terry Towel 24 Textiles and Textile Goods
10 Kotpad Handloom Fabric 24 Textiles and Textile Goods
Raw Silk Yarn, Textiles and Textile Goods
11 Mysore Silk 23,24,25 including Sarees, readymade garments,
made-ups, ties
12 Kota Doria 24,25 Textiles and Textile Goods
14 Basmati Rice 30 Rice
Textiles and Textile Goods, Clothing
15 Kancheepuram Silk 24,25
including Sarees and Rumal
Textiles and Textile Goods, Carpets,
16 Bhavani Jamakkalam 24,27
Rugs, Mats and Mattings
17 Navara Rice 30 Rice
13 & 18 Mysore Aagrbathi (Word and Logo) 3 Agarbathi/Oodabathi
19 Kullu Shawl 24 Textiles and Textile Goods

Boxes, Statues, Statuettes, Busts made

20 Bidar 6,21&34 of metal, Flower vase, Trays, cigar can
and Ashtrays made of metal

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 Textiles and Textile Goods, Clothing
21 Madurai Sungudi 24&25
including Sarees and Rumal
Yarn & Threads tied and Dyed for Textile
22 Orissa Ikat 23,24,25
use, Textiles and Textile Goods, Clothing
23 Channapatnam Toys and Dolls 28 Toys and Dolls

Doors, Partition Screens & Veneer of

Wood Statues, Statuettes of wood &
24 Mysore Rosewood Inlay 19,20,27,28
Furniture, Wall Hangings of Wood,
Jhoolas (Swings) & Toys
25 Kangra Tea 30 Tea

26 Wet Grinder 7 Coimbatore Wet Grinder

27 Phulkari 26 Phulkari Embroidery

Textiles and Textile Goods, Clothing,

Furnishings, Bags, covers, Handicraft
28 Kalamkari 24,25,27
items, Cloth Envelopes, Wall Panels,
Wall Hangings, Wall Paintings

29 Mysore Sandalwood Oil (Word & Logo) 3 Sandalwood Oil

30 Mysore Sandalwood Oil (Word & Logo) 3 Mysore Sandal Soap
31 Kasuti Embroidery 26 Kasuti Embroidery- Karnataka

32 Mysore Traditional Paintings 16 Mysore Traditional Paintings

33 Kodagina Kinale (Coorg Mandarin) 31 Horticulture Product - Orange

34 Mysore Betal Vine 31 Horticulture Product – Betel Vine

35 Nanjanaguda Rasabale (Banana) 31 Horticulture Product - Banana

36 Palakkadan Matta Rice 30 Rice

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 REGISTRATIONS IN 2010

BHADOHI CARPET
Bhadohi is the exporter of carpets worth `25 billion to other nations of the
world and this region employs workforce of about 3.2 million workers. The
industry uses eco-friendly raw materials like cotton, natural wool and silk.
They are also recyclable. The hand-woven carpet helps in creating
exclusive designs and colours. The patterns in the carpets convey different
meanings like the rounded patterns suggest eternity and the zigzag pattern indicates water and
radiance. The Bhadohi carpet obtained the Geographical Indication (GI) in September, 2010.

KATHAMPULLY SAREES
At present the Kuthampully Sarees are manufactured Kuthampully as well as villages of
Palakkad district also. The making of these Sarees is done with superior cotton fabrics. Due to
the profitability derived out from the production and sale of cotton handloom clothes in
Kuthampully, the weaving activity has reached the zenith and is now not restricted to limited
boundaries but to a wider region. The handloom industry for Kathampully sarees provides
employment to a large number of families providing handful of support to feeble segments of
the society.

PAITHANI SAREES
Paithani Sarees is known for its elaborate designs on pallu and edgings.
Images on pallu are inspired from the caves of Ajanta. Traditional ingenious
creativity and meticulous artistry blends together to form this exclusive cloth.
The adept hands of the weavers of Paithan, Yeola and regions of Aurangabad
and Nasik districts of Maharashtra not only produce brocades and sarees but they also create
amazing products of dress materials, bed linens and home textiles. More than 35,000 weavers
have been employed in the manufacturing of these conventional assets of the country. The
product has been granted with GI Tag in September, 2010.

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KASARGOD SAREES
Kasaragod cluster products differ from products made out of fine cotton yarn to coarser yarn.
Kasaragod Sarees both Cotton and Silk are the most famous hand-woven item produced here.
The traditional Kasargod Sarees are woven with dyed cotton fine yarn or silk yarn. The Sarees
either have check design with broad and bright border or unadorned Saree with simple Butta
designs.

SANGANERI HAND BLOCK PRINTED TEXTILES

Sanganeri hand block printed textiles received its GI certificate on 19
March 2010. It has a unique Sanganeri hand block prints on dress material
as well as home furnishing. The floral or animal motif is engraved on to a
wooden block. The imprinted block is pressed on to a piece fabric dipped
in dye and the motif is printed on fabric at regular intervals. The same
method is recurred to make different prints on the fabric. GI certificate jointly with brand
building and suitable promotional ideas can perk up earnings of the producers.

ADVANTAGES OF GI REGISTRATION

 It provides legal protection against any act of contravention

 The registered producers or the users can file a complaint against the contravention
 It helps to increase exports and opulence of the producers
 It helps in seeking protection in other WTO registered nation
 The registration safeguards the interests of the manufacturers and shields the
consumers from frauds and deceptions
 The GI tag secures consumers from uncertainty of imitations.
 Artisans are protected from gratuitous competition.

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 IMPACT OF THE REGISTRATION

 Brand building is essential for commercially influencing the GI

 Increase in prices and vending of GI products

 Momentous increase in income of producers of GI products

 Kota Doria weavers' income has tripled during last one and half year

 Product assortment of GIs keeping in mind the preservation of product uniqueness and

superiority

LIMITATIONS

 Potential products in rural areas

 Lack of awareness

 Stakeholders with little or no education

 Producers belong to socially and economically deprived groups

 Lack of Motivation

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 CONCLUSION:

GI Registration Progress

30
25
No. of Items

20
15
10
5
0
2006-07 2007-08 2008-09 2009-10 april 2010-
sept 2010
Years

Here is the graphical representation showing the number of Handicraft items registered under
GI year on year. We can clearly see in the graph that the registrations have increased. We are
well known with the comprehensive problems, Handlooms and
Handicrafts sector in India is dealing with. It is pretty improbable that GI registration alone
would be able to make momentous opportunity for growth in the livelihood of the artisans,
especially in view of the significant post-registration challenges.
However, when GI registration and its management is envisioned as a component of a pronged
strategic intervention aimed at an overall development of a handloom or handicraft cluster, GI
may turn out to be a useful instrument in adding towards the renaissance of this catastrophic
segment of the Indian economy.

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 Case study:

The Protection of Geographical Indication in India

Case Study on ‘Darjeeling Tea’

DARJEELING TEA – a Geographical Indication

Under international law, geographical indications mean indications which identify a product as
originating in the territory of a member, or a region or locality in that territory, where a given
quality, reputation or other characteristic of the product is essentially attributable to its
geographical origin. Darjeeling tea is India’s treasured Geographical Indication and forms a very
important part of India’s cultural and collective intellectual heritage. It is of considerable
importance to the economy of India because of the international reputation and consumer
recognition enjoyed by it. In the legal sphere, countries are seeking to protect Geographical
Indications as geographical indications, collective marks or certification marks.

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 TEA BOARD, INDIA

All teas produced in the tea growing areas of India, including Darjeeling, are administered by
the Tea Board, India under the Tea Act, 1953. Since its establishment, the Tea Board has had
sole control over the growing and exporting of Darjeeling tea and it is this control which has
given rise to the reputation enjoyed by Darjeeling tea. The Tea Board has been engaged on a
world-wide basis in the protection and preservation of this treasured icon of India’s cultural
heritage as a geographical indication.

To assist the Tea Board in its role of authenticating regional origin of Darjeeling tea, it has
developed the following logo – known as the DARJEELING logo:

(DARJEELING Logo)

At a legal level, Tea Board is the owner of all intellectual property rights in the DARJEELING
word and logo both in common law and under the provisions of the following statutes in India:

(i) The Trade Marks Act 1999: DARJEELING word and logo are registered certification
marks of Tea Board;

(ii) The Geographical Indications of Goods (Registration and Protection) Act, 1999:
DARJEELING word and logo were the first Geographical Indications to be registered in India in
the name of the Tea Board:

(iii) The Copyright Act, 1957: The DARJEELING logo is copyright protected and registered as
an artistic work with the Copyright Office.

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Use of the DARJEELING word and logo are protected as Geographical Indications in India and as
Certification Trade Marks in UK, USA and India. A major development in this area is the
registration of the Darjeeling word as a community collective mark in the European Union.

The DARJEELING logo is registered in Belgium, Netherlands, Luxembourg, Germany, Austria,

Spain, France, Portugal, Italy, Switzerland, former Yugoslavia, Egypt and Lebanon as a collective
mark, in Canada as an official mark, as a trademark in Japan and Russia. The DARJEELING word
is also registered as a trademark in Russia. Tea Board has pending applications for registration
of the Darjeeling word as a certification mark in Australia, as a community collective mark in the
EU and as a collective mark in Germany and Japan.

As a pre-requisite for domestic and international protection of Darjeeling as a certification

trademark and a geographical indication, the Tea Board has formulated and put in place a
comprehensive certification scheme wherein the definition of Darjeeling tea has been
formulated to mean tea that:

a) Is cultivated, grown or produced in the 87 tea gardens in the defined geographic areas
and which have been registered with the Tea Board;
b) Has been cultivated, grown or produced in one of the said 87 tea gardens;
c) Has been processed and manufactured in a factory located in the defined geographic
area; and
d) When tested by expert tea tasters, is determined to have the distinctive and naturally
occurring organoleptic characteristics of taste, aroma and mouth feel typical of tea
cultivated, grown and produced in the region of Darjeeling, India.

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The certification scheme put in place by the Tea Board covers all stages from the production
level to the export stage and meets the dual objective of ensuring that

a. tea sold as Darjeeling tea in India and worldwide is genuine Darjeeling tea produced in
the defined regions of the District of Darjeeling and meets the criteria laid down by the
Tea Board &
b. All sellers of genuine Darjeeling tea are duly licensed. This licensing program affords the
Tea Board the necessary information and control over the Darjeeling tea industry to
ensure that tea sold under the certification marks adheres to the standards for
DARJEELING tea as set forth by the Tea Board.

Thus, only 100% Darjeeling tea is entitled carry the DARJEELING logo. While purchasing
Darjeeling tea, you need to look for Tea Board’s certification and license number otherwise you
will not get the taste and character that you should expect from Darjeeling tea. At the
administrative level, Tea Board has taken the flowing steps to ensure the supply chain integrity
of Darjeeling tea. The use of Darjeeling tea in multi-origin mixtures made subject to correct
labeling requirements to protect the customer against any deception or confusion;

The use of the expression “blended Darjeeling tea” or its variants restricted to a blend of
Darjeeling teas only drawn from more than one tea garden within the definition of Darjeeling
tea;

Labeling guidelines formulated and issued to govern and regulate use of Darjeeling name and
logo marks as part of trademarks and thus prevents any misuse thereof for teas other than
Darjeeling tea; detailed inspection procedures put in place to ensure the integrity and purity of
the supply chain for grant of the Certificate of Origin by the Tea Board. Customs Notification
dated June 25, 2001 issued making all exports of Darjeeling Tea subject to mandatory proof of
such certificate of origin.

While the efforts to obtain statutory protection in the DARJEELING word and logo are an
essential part of the strategy to protect the integrity of Darjeeling tea, a major plank of all the

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initiatives undertaken by the Tea Board has been to prevent dilution of the integrity of
Darjeeling tea in the following ways:

preventing dealings in tea which is not drawn from any of the 87 gardens or which is a mixture
of non-Darjeeling and Darjeeling teas and sold under and by reference to the name DARJEELING
and/or DARJEELING logo; action against attempted registration and/or use of Darjeeling not
only in respect of tea or related products but other diverse dissimilar products or services as
well.

This is also part of India international obligations under TRIPS which mandates that no country
is obliged to protect Geographical Indications unless it is demonstrated that such Geographical
Indications enjoy home protection in their countries of origin.

Based on feedback received from the World Wide Watch agency CompuMark which was
appointed in 1988 to monitor conflicting marks globally and in the last couple of years, several
instances of misuse and attempted registrations have been found and challenged by the Tea
Board by way of oppositions/invalidation/cancellation actions, legal notices, court actions and
domain name cancellations against third party misuse of Darjeeling.

Some classic instances of misuse/abuse of the Darjeeling logo and name

(Source: Darjeeling Tea Association)

These actions covered countries like Bahrain, Belarus, Bangladesh, Canada, Estonia, France,
Germany, Israel, Japan, Kuwait, Latvia, Lebanon, Lithuania, Norway, Oman, Russia, Sri Lanka,
Taiwan, UK and USA. In some countries like France, Germany, USA more than one action
is pending. In India, over 20 legal notices have been served and 15 oppositions have been filed.

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 GI REQUIREMENTS

Darjeeling tea stakeholders have to meet the following requirements in order to be legitimate
users of the Darjeeling tea GI:
 Each stakeholder in the supply chain must be licensed by the Tea Board of India through
a mandatory contract. On the basis of this contract, the Tea Board can take action
against any infringement of regulations.
 Each producer must have a certificate of origin from the Tea Board. In order to obtain
this certificate, he or she must comply with all the required criteria – production zone,
quality of final product, competence, processing method as described in the standard
operating procedures etc.
 Each producer must have his or her own growing unit (estate or garden) within the
defined region of Darjeeling, along with a processing unit within the same region (close
to the plantation).
 The product must be manufactured in accordance with provisions laid down in the
Prevention of Food Adulteration Act. It must satisfy the required quality and safety
tests, which are important components in obtaining the certificate of origin. The hazard
analysis and critical control points (HACCP) certification process ensures the safety of
the product, while ISO 22000 is concerned with hygienic factory conditions.
 No tea of any origin other than the delimited Darjeeling tea zone may be sold under the
name Darjeeling and no blend of Darjeeling tea with tea of non- Darjeeling origin is
permissible.
 The tea produced and sold must undergo an organoleptic evaluation process by expert
tea tasters who are competent to evaluate it on behalf of the proprietor of the GI, i.e.
the Tea Board of India.
 Exporters of Darjeeling tea must collect the certificate of origin from the Tea Board of
India.

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 THE STEPS FORWARD

The next phase in the protection of Darjeeling tea involves monitoring the movement of green
leaf and the extension of the certification system to overseas markets, which are currently self
declaratory.

An online system is intended for the purpose in order to encourage ease of use and minimize
paper work. There is no doubt that it would be in the best interests of industry to export a value
added product. The economies however require to make sense both in terms of value addition
as well as import duty rates for packet tea vis a vis bulk.

The Tea Board has been partnering with tea importing communities like Germany and the
United Kingdom in this venture. These measures, though slow moving in a lot of cases, have
had a cumulative effect. Today, worldwide, there is an increasing awareness of the name
Darjeeling as a protected entity.

Member countries of he WTO are operating in an environment where the multilateral Registry
under the WTO is yet to take shape and GIs other than wines and spirits are seeking additional
protection under Article 23 of Trips. The issue of registration in different jurisdictions and
seeking redressal according to the legal requirements of each country remains a challenge that
Tea Board has had to face.

In the meantime to promote Darjeeling tea and consolidate its equity along with increasing
consumer awareness about Darjeeling as a Geographical Indication, the Tea Board is holding
festivals in various export markets and running Darjeeling tea promotions together with retail
chains and specialty restaurants. Public relations and educational communication materials are
spreading the awareness of Darjeeling Tea worldwide as well as in India.

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 References

www.wto.org/english/tratop_e/gi_background_e.htm

http://www.wto.org/english/res_e/booksp_e/casestudies_e/case16_e.htm

http://beacononline.wordpress.com/2008/10/11/protecting-the-geogra

http://www.thehindu.com/thehindu/biz/2007/02/05/stories/2007020501161700.htm

http://www.darjnet.com/darjeeling/darjeeling/fact/tea/teaindus.htm

http://wtocentre.iift.ac.in/

http://ipindia.nic.in/girindia/

http://teaboard.gov.in

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