Geographical Indications-Protection within India & at the international level

Geographical Indications (GI) are those which identify a good as originating in a territory, 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 origin

Although the situation of GI protection at the domestic level is somewhat manageable, the same is not true in regards to protection of GI at the international level. For example, on an average around 4 crore kgs of tea per annum is being sold globally as ‘Darjeeling tea’, whereas the actual production of authentic Darjeeling tea is around 90 lakh kgs only.

In 1997 US Rice breeding firm RiceTec Inc. was given a monopoly over various types of rice including some having characteristics similar to Basmati. In 2000, anxious about the potential effects on future exports, India requested a re-examination of the patent. RiceTec, in reply to the request, withdrew a number of claims including that covering basmati type rice. 

The dispute has however moved on from the patent to the misuse of the name “Basmati.” In 1998 the US Rice Federation stated that the term “Basmati” is generic and refers to a type of aromatic rice. In retaliation, US and Indian civil society organizations filed a petition seeking to stop US-grown rice from being advertised with the word “Basmati”. The US Department of Agriculture and the US Federal Trade Commission rejected it in May 2001,. Neither considered the labeling of rice as “American-grown Basmati” misleading, and deemed “Basmati” a generic term.

Also, master craftsmen from Varanasi are being lured to China to produce these imitations with cheaper Chinese silk due to which imitations of the world renowned ‘Banarasi’ sarees are flooding the Indian market over the past several years, particularly in the Surat region of the Indian state of Gujarat. These imitations cost only one‐tenth of the price of an original ‘Banarasi’ saree, and therefore posing a threat to the competition in India. It is for this reason that large section of weavers in Varanasi are now forced to look for other means of livelihood.

By March the year 2010, over 120 GI were registered of which 80 belong to the handicraft category, 31 to agriculture category, 7 to manufactured category and only 2 in food stuff category.

Punishment for Infringement- If the false geographical indication is established, it carries penalty with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but may extend to two lakh rupees under the 'The Geographical Indications of Goods (Registration and Protection) Act’ of 1999 (GI Act).

It is worth noting that unless a geographical indication is protected in the country of its origin, there is no obligation under the TRIPS agreement for the other countries to extend reciprocal protection.

It is worth noting that unless a geographical indication is protected in the country of its origin, there is no obligation under the TRIPS agreement for the other countries to extend reciprocal protection.

Keywords: Geographical Indications India, GI India, indian laws, intellectual property, IPR,