GEOGRAPHICAL INDICATIONS

1.What does the term 'Geographical Indications (GI)' stand for?

The term GI has been defined as "Geographical Indications", 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 characteristics 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.

2. Who can apply for GI's registration?

Any association of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods, who are desirous of registering geographical indication in relation to such goods shall apply in writing to the Registrar in such' form and in such manner and accompanied by such fees as may be prescribed for the registration of the geographical indication.

3. Which of the geographical indication cannot be registered?

Geographical Indications :

• the use of which would be likely to deceive or cause confusion or contrary to any law.
• which comprises or contains scandalous or obscene matter or any matter likely to hurt religion susceptibility of any class or section of citizens of India.
  • which would other wise be disentitled to protection in a court. which are determined to be generic names or indications of goods and are,
• therefore, not or ceased to be protected in their country of origin or which have fallen into disuse in that Country.
  • which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the i goods originate in another territory, region or locality, as the case may be.

4. What is the punishment in the Act for falsifying GI?

A sentence of imprisonment for a term between six months to three years and a fine between fifty thousand rupees and two lakh rupees is provided in the Act. The court may reduce the punishment under special circumstances.

5. What is term of GI protection?

The registration of a GI shall be for a period of ten years but may be renewed from time to time for an unlimited period by payment of the renewal fees.