INTRODUCTION
In a country like India, which is culturally, agriculturally, and traditionally very diverse, Geographical Indications (GIs) play a crucial role in protecting the goods with unique characteristics, quality or goodwill to their geographical origin by protecting their traditional knowledge, artisanal excellence, and regional heritage. The governing authority in the case of GI is “The Geographical Indications of Goods (Registration and Protection) Act, 1999”. This act ensures that the socio-economic value of local goods and services is rightfully attributed to their producers and regions.
In this article, we are going to talk about the key aspects of GI protection in India, including GI registration, GI certification, GI application status, and the numerous benefits of the GI tag. We will explore the legal framework, the filing and approval process, rights of authorized users, and the broader impact of GI recognition on registered proprietors and the economy.
GI REGISTRATION
GI registration is a process through which goods originating from a specific region get legally recognised, provided that their quality, reputation, or distinct features are inherently linked to that place.
Geographical indication refers to an indication that identifies agricultural, natural, and manufactured goods as originating from or being made in a specific area, region, or locality. The main feature of such goods is that the quality and characteristics of the goods are directly related to their geographical origin. For manufactured goods, at least one of the steps of production, processing, or preparation must occur in the geographical region of origin.
LEGAL ASPECTS INVOLVED
Indian law that governs GI is the Geographical Indications of Goods (Registration and Protection) Act, 1999, established under the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights).
The law came into effect on 15th September 2003, and the Geographical Indications Registry was established in Chennai.
Who Can Apply?
As per Section 11 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, the following mentioned below are eligible to file for GI registration:
- Any group of persons, producers, or any organization or authority established by law,
- Authority representing the interests of producers of the goods concerned
The applicant must be involved in or represent those who are directly engaged in the production of the goods for which the GI is sought.
TMWala offers professional advice and end-to-end support if you’re unclear about eligibility or the necessary paperwork, from confirming eligibility to creating the necessary paperwork for a seamless filing process.
PROCEDURE FOR FILING
To file a GI application, the applicant must file Form GI-1 three times, with three copies of the statement of case. The application must include:
- The name, address, and details of the applicant.
- A clear description of the goods and how their quality, reputation, or other features are linked to the specified geographical region.
- A map of the region associated with the product.
- Graphical representation of the GI (word, logo, or both).
- Details of producers initially associated with the GI.
- Class of goods (agricultural, natural, manufactured) as per the Fourth Schedule.
As per Rule 12(1) of the 2002 Rules,
- All the documents must be printed in English as well as in Hindi.
- The size of each document should be approximately 33 cm x 20 cm, with a 4 cm left margin.
- Documents must be duly signed by an authorized signatory or representative, depending on the type of organization.
- Signatures must be accompanied by the name in capital letters in either Hindi or English.
FILING LOCATION AND FEE PAYMENT
The application is filed with the GI Registry in Chennai. If the goods originate from outside India, the application should be filed within the jurisdiction of the address provided for service in India.
Fees must be paid at the time of filing either by:
- Bank draft,
- Cheque,
- Cash
- Electronic transfer.
As per Section 80 of the Act, applications submitted without the required fee or with insufficient fees are considered not filed.
To prevent expensive rejections, TMWala helps clients classify items accurately, present the appropriate paperwork, and make sure all fee payments and documentation adhere to regulatory requirements.
GI CERTIFICATION
GI certification is a process in which the Geographical Indication Registry officially recognizes a geographical indication and issues a legal certificate of registration that grants rights to the registered proprietor and authorized users.
Once an application for GI registration has been:
- Accepted without opposition, or
- Opposition has been resolved in favor of the applicant, the Registrar proceeds with certification under Section 16 of the Act and Rules 53 and 55.
If all formalities have been completed, the date of application submission is considered the date of registration, unless instructed otherwise. But if it is not finished within a year, the Registrar may consider the registration abandoned.
CERTIFICATE OF REGISTRATION
The GI certification is issued in Form O-2, with:
- An official seal of the Geographical Indications Registry
- A copy of the graphical representation of the GI
- Names of the registered proprietor and authorized users
This certificate is a legal document that grants the holders the right to file a lawsuit against infringement or misuse and the exclusive use of the GI for the registered items.
AUTHORIZED USER CERTIFICATION
Authorized users are individual producers who can use the registered GI for their goods. Under Section 17, they must apply using Form GI-3 jointly with the registered proprietor. The application must include:
As per section 17 of the Act, authorised users are the persons who can use the registered GI for their goods. But for that, they must apply using Form GI-3, jointly with the registered proprietor. The application must include:
- A Statement of Case with evidence of the applicant being the original producer
- An affidavit and consent letter from the registered proprietor (if available)
If the consent letter of the registered proprietor is not provided with the Form GI-3, then a copy of the application must be served to the registered proprietor for their information. After examination and approval from the registered proprietor, a certificate of authorisation is issued confirming the producer’s right to use the GI.
GI APPLICATION STATUS
After filing the GI registration, applicants can monitor the GI application status through a systematic process involving examination, publication, opposition (if any), and final registration. The stages include:
1. Examination
Once filed, the application is carefully examined by the Registry, adherence to form and legal requirements. If any discrepancies are found, the Registrar may issue an examination report, requiring clarification or corrections.
2. Publication in GI Journal
The Geographical Indications Journal publishes the application upon acceptance. Third parties have three months to voice their objections to this public notice, which can be extended by one month.
3. Opposition Proceedings
Hearings are held by the Registrar if an opposition is filed. The opportunity to present evidence is granted to both the petitioner and the opponent. The registration process continues if the applicant receives a favourable ruling.
4. Registration
The GI is registered if there is no objection or if the applicant prevails in court. Following the issuance of the certificate of registration, the information is added to the official GI Register.
5. Status Tracking
Through the official IP India GI portal, applicants and stakeholders can monitor the status of their GI application online: https://ipindia.gov.in/gi.htm. This website offers GI journal downloads, hearing schedules, and status updates.
BENEFITS OF GI TAG
GI registration offers various benefits including legal, economic, cultural, and social. Some of those advantages are mentioned below:
Legal Protection
- Gives exclusive rights to use the registered GI name
- Prevents unauthorized use, imitation, or infringement
- Allows legal enforcement under Indian IP laws
Market Recognition and Value Addition
- Increases the product’s market value by indicating its provenance and legitimacy.
- Assists regional manufacturers in setting themselves apart in cutthroat markets.
- Promotes branding based on legacy and reputation.
Rural and Economic Development
- GI registration supports and safeguards farmers, producers, and craftspeople in rural areas.
- Provides local populations with sustainable livelihoods and jobs.
- Facilitates direct market access, which helps stop middlemen from abusing their position.
Preservation of Traditional Knowledge and Culture
- Acts as a tool to document and conserve traditional handicrafts, farming skills, and indigenous practices
- Promotes the sharing of cultural customs and information across generations.
Export Potential
- In foreign markets, GI-tagged goods are more widely accepted and cost more.
- Promotes geographic branding and increases export profitability.
Consumer Trust and Awareness
- GI tags assure consumers of the genuineness and quality of the goods
- Acts as a trust mark for origin-specific commodities
TMWala ensures that stakeholders receive the maximum economic and reputational benefits of GI tags by providing legal and procedural support from application to post-registration.
POPULAR GI-TAGGED PRODUCTS IN INDIA
In India, there are more than 400 registered GI products, some of which are:
- Darjeeling Tea – the world’s first GI-tagged tea
- Banarasi Sarees – famed for their weaving tradition
- Mysore Sandalwood Oil – known for its purity and aroma
These goods serve as representations of India’s geographical diversity and superiority in manufacturing, art, and agriculture.
CONCLUSION
GI registration acts as an empowering tool for the traditional producers, an instrument of identity for regions, and a guarantee of authenticity for consumers. By recognizing the link between the product and its place of origin, India’s GI ensures the rightful economic and cultural acknowledgement of communities that keep age-old traditions alive.
GI registration grants legal recognition to products whose qualities are tied to a specific place, safeguarding their uniqueness. Whereas GI certification provides official proof of this recognition, allowing registered proprietors and authorized users to enforce their rights.
Applicants can follow the GI application status online, ensuring transparency and timely updates on their registration process.
The benefits of the GI tag include legal protection, increased market value, support for rural economies, and preservation of cultural heritage.
By strengthening the GI system, India can promote its regional identities and ensure that local communities continue to thrive through their traditional expertise.
The GI journey is made easier and more accessible for craftspeople, cooperatives, and businesses throughout India with the knowledgeable assistance of partners like TMWala, guaranteeing that regional customs flourish in the international economy.
