GEOGRAPHICAL INDICATIONS IN INDIA

This is a write up about registered Geographical Indications in India. Each post will contain the registered Geographical Indications in India.

"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.

In India registration and protection of geographical indications are governed by The Geographical Indications of Goods (Registration & Protection) Act, 1999.

THREATS AT GLOBAL LEVEL:

The following threats are faced by local traders, handicrafts, weavers and farmers due to the globalisation. Many products of different origin are available in the local market. Spurious goods of the local origin sold in the foreign market. Similar goods are exported by third parties to the developed countries as genuine goods. Because of above mentioned reasons we loss income.

Similar products originating from the different parts of the world.They are registered GI with protection, high price due to collective producers.No support for products originating locally. ex: Washington Apple,

Spurious goods are exported as falsely representing as Local origin. Quality is compromised due to spurious goods. No GI tag to stop export or sale. There is a danger to the Genuine goods which may be termed as inferior quality. No protection to original goods. Difficult to identifying spurious goods due to lack of inspection body. No authenticated production process recorded. ex: China goods

There is no recognition from the market.No export development by the Government. Difficult to establish the market without GI tag.Registered GI will be given priority.

THREATS EXPERIENCED BY INDIAN PRODUCTS:

BASMATI RICE, TURMERIC and NEEM was attempted to patent in USA. The Turmeric and Neem are used in India for its medicinal benefits for the past 2000 years. The BASMATI rice was cultivating in the Himalayas. India is the second largest exporter of BASMATI RICE. The Geographical Region gives the natural aroma and the natural long size for the BASMATI Rice. The Basmati Rice was patented and marketed under the name "TEXMGEOGRAPHICAL INDICATIONS REGISTRATION IN INDIAATI".

If the patent was granted then the usage will become infringement. Due to efforts made by Government of India the claims in those patents for known substance were either withdrawn or refused.

NAMES PROTECTED IN ONE REGION MAY BE A COMMON NAME IN ANOTHER REGION:

PONNI Rice, is a variety of rice developed by THE TAMIL NADU AGRICULTURAL UNIVERSITY. Ponni Rice is considered as quality rice next to BASMATI. The farmers in the Cauvery delta region cultivating PONNI Rice. Surprisingly Indian expoerter in Malaysia faced infringement action by a Malaysian Company. The Company claims PONNI for rice was trademarked in Malaysia. Due to Government of India's effort and the exporters the trademark PONNI was challenged. The Apex court of Malaysia struck down the trademark PONNI. The term PONNI may be common in other parts of the world but it is kind of rice cultivated in South India. The river cauvery is also called as PONNI in India.

BENEFITS OF GI:

The registered GI Confers legal protection in India. GI Prevents unauthourised use of Registered GI by third parties. Exports boost as the products get GI protection.Promotes economic prospects of the producers. A huge recognition for the local goods in the National and International Markets.

ex: Darjeeling tea, Alphonso Mango, Nagpur Orange, Basmati Rice,

WHO CAN APPLY?

Any association of persons or producers or any organisation or authority established by or under any law representing the interest of the producers of the concerned goods may apply for registration of a Geographical Indication.

The Applicant has to be a legal entity and should be representing the interest of producers of the good applied for. Any such organisation or association being not that of the producers may have to prove that they represent the interest of producers. Any Applicant Authority also have to prove that they represent the interest of producers.

The main object of the Act is to protect the interest of producers of such goods, to exclude unauthorized persons from misusing geographical indications, to protect consumers from deception and to promote goods bearing Indian geographical indications in the international market.