Recently in 2019 – 2020, there have been more than 10 Geographical Indication products that have been identified and registered to give GI Tags. But it is important to know why these GI tags and registration do matter in a country like India. What exactly is the purpose and reasons behind providing the geographical indication? Geographical Indications tries to protect and prevent the misuse of special characters of any country. It is an international concept that has been agreed upon and signed by other countries to protect GI. This article will be looking into Geographical Indications in general and also the international perspective. It also analyses the regulations and rules relating to the same.

What is Geographical Indication?

Generally speaking, Geographical Indication is a sign that is used for the products that have a certain special or specific geographical origin and contain special quality or a good reputation with that origin. A detailed concept of this definition has been provided further in this article. But, one thing to be noted is the connection between the origin/place of production of the product and the product itself.

Under TRIPS Agreement, Article 22.1 defines the Geographical Indications as

“…indications which identify a good as originating in the territory of a Member [of the World Trade Organization], or a region or locality in that territory, where a given quality, reputation or other characteristics of the good is essentially attributable to its geographical origin”

Apart from the same, Section 2e of the Geographical Indication act, 1999, defines that
“it is an Indication which identifies such a good as agricultural goods, natural good or manufactured good as originating or manufactured in any territory of a country or a region or the locality in the territory, where the given quality, reputation or other characteristics of such good is essentially attributable to its geographical origin and in the 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”

Concepts behind Geographical Indication:

Wherever there is a new concept that emerges, it is always interesting to look into its jurisprudence and the concept behind it. One of such cases can be witnessed in Geographical Indication. The concept behind the geographical indication includes two main ingredients. They are, 1) Indication of source, 2) Appellation of Origin. Here, the indication of source refers to the place of origin or the country of such product in the matter. When dealing with the place of origin, there is no quality that is attached along with it. It is important to understand that it only speaks about the aspect of the place of origin in a certain country. So, the same only describes a few of the characters of the products that should not be used or represented by any other place.

On the other hand, it is the appellations of origin. Article 2 of the Lisbon Agreement for the Protection of Appellations of Origin and the Registration, 1958 states that the Appellations of origin would mean the geographical name of a certain country, region, locality which tries to serve the purpose of designating the product with its characters of unique nature and exclusivity of geographical environment. Such characters include the influence of the natural as well as the Human factors.

The main rationale or the objectives behind the Geographical Indication are,

• Geographical Indications bases themselves on Collective traditions and the popular decision-making process.
• Secondly, as per reward theorists, it aims to reward those traditional aspects along with evolution.
• It also emphasizes the existing relationship among the human factors, traditions, Land quality and the environment.
• Most importantly, there is no easy transfer of ownership from one to another, as it is collective in nature.

Laws relating to GI Protection in India:

In India, the Geographical Indications of Goods (Registration and Protection) Act, 1999 regulates all kinds of registration of GI, laying rules for prohibition from registration, etc. TRIPS agreement suggests the need to not regulate and protect the GI under it if there is an existing domestic law that prevails to do the same.
This will, in no way, affect the signatory countries. The act mainly confers the legal protection to the registered GI in India, prevents the unauthorized usage of any of the registered GI by others and lastly, it also enables a provision to seek the lawful protection of GI even outside the territory or in other WTO member countries. Section 11 of the act deals with the registration of geographical indications in India. It requires the collective personalities to file for registration. Similarly, section 9 of the act prescribes the prohibitions of registration of any if they fall under any of the prohibitions mentioned in the section. Both sections 11 and 9 performs important functions in facilitating the registration.

For the Penal aspect, the Indian Penal code and procedural laws will take effect to effectuate and ensure the objective of the GI Act within the country.

International Perspective:

Having looked into the Indian laws applicable, it becomes more important to know the International Regime which is nothing but a collective body to protect the Geographical through general treaties and conventions.

The world trade Organization’s Trade-related agreement (TRIPS Agreement) plays a major role in defining and protecting the misuse of GI. There are few other International treaties that partially or entirely relate to the protection of Geographical Indications or the concept of appellation of origin. They are as follows,

• Paris Convention,
• Lisbon Agreement,
• Madrid Agreement for repression of deceptive Indications of sources on Products and goods,
• Madrid Protocol,
• TRIPS Agreement (WTO Website)

Conclusion:

As Geographical Indication relates to the protection and prevention of the special products of the place of origin and the country in specific, it is at most important from the side of the state to recognize and protect the nation’s indigenous cultures and traditions findings among the world of countries.