Geographical Indications (GIs) in Intellectual Property

A Geographical Indication (GI) is a form of intellectual property (IP) that identifies a product
as originating from a specific geographical location, where a given quality, reputation, or other
characteristic is inherently linked to that origin. GIs are primarily used for agricultural products,
foodstuffs, wines, spirits, and handicrafts, and they play a key role in protecting traditional
knowledge and local culture while also offering economic benefits to producers and consumers.

In essence, a GI ensures that only products genuinely originating from a specific place can use
the name associated with that place, protecting the reputation of the product and the economic
interests of the producers in that region.

Key Features of Geographical Indications

1. Connection to Origin:

o The product’s specific characteristics, qualities, or reputation are due to its

geographical origin. This could include factors like climate, soil quality, cultural
practices, or production methods that are unique to the region.

2. Protection of Name:

o GIs protect the name or term associated with the product to ensure that it cannot
be used by producers outside of the designated region or by those who do not
meet the established standards of production.

3. Collective Ownership:

o A GI is typically managed by a collective or an association of producers in the

geographical region. This group ensures that all producers adhere to a set of
standards or practices that define the GI.

4. Quality and Reputation:

o The product’s reputation and quality are often tied to the place of origin. For
example, Champagne is protected as a GI because the quality of the sparkling
wine is tied to the specific region of Champagne in France, and only wine
produced in that region using traditional methods can be called "Champagne."
 5. Consumer Protection:

o GIs help consumers make informed choices by providing assurance that the
product they are purchasing is authentic and meets certain standards. GIs also
prevent misleading practices where a product from outside the region falsely uses
a renowned GI name.

Examples of Geographical Indications

 Champagne (France): Only sparkling wines produced in the Champagne region of

France, using specific methods, can be labeled as "Champagne." Wines produced outside
this region, even if they follow the same method, cannot legally use this term.

 Parmigiano Reggiano (Italy): A type of hard cheese that can only be produced in
specific provinces of Italy using traditional methods and recipes.

 Darjeeling Tea (India): Tea produced in the Darjeeling region of India is recognized as
a GI, ensuring that only tea from that specific region can be marketed as Darjeeling tea.

 Tequila (Mexico): The distilled spirit, Tequila, can only be made in certain regions of
Mexico and must adhere to strict production standards.

 Roquefort Cheese (France): A blue cheese that must be produced in the south of France
using specific methods and ingredients.

How GIs Work

1. Geographical Link:

o A GI is based on a link between the product and the geographical area. This could
be due to natural factors (e.g., soil, climate) or human factors (e.g., traditional
production methods).

2. Certification and Standards:

o GIs are often accompanied by certification standards that define how the
product must be made and where it can be made. This ensures that the product’s
quality is consistent with the reputation of the region.
 o Producers in the designated region must adhere to these standards to be eligible to
use the GI.

3. Collective Control:

o GIs are usually controlled by a collective organization or an association of

producers from the region, which manages the GI, enforces rules, and ensures that
products meet the required standards.

4. Trademark-Like Protection:

o GIs are similar to trademarks in that they protect the brand associated with a
specific origin, but they differ in that GIs are not owned by a single entity or
individual. Instead, they are generally used by a group of producers or growers in
the designated region.

Legal Framework for GIs

Geographical Indications are protected under various laws and international treaties. The legal
framework for GIs can vary by country and region, but the most important frameworks include:

1. World Trade Organization (WTO) – TRIPS Agreement:

o The Agreement on Trade-Related Aspects of Intellectual Property Rights

(TRIPS), which is part of the WTO framework, provides international protection
for GIs.

o TRIPS requires WTO member countries to provide protection for GIs, especially
for wines and spirits, and to prevent the use of terms that falsely suggest a product
originates in a specific region.

2. European Union (EU):

o The EU has a robust system for protecting GIs, particularly for agricultural
products and foodstuffs, through its Geographical Indication (GI) system. This
includes the Protected Designation of Origin (PDO), Protected Geographical
Indication (PGI), and Traditional Speciality Guaranteed (TSG) schemes.
  PDO (Protected Designation of Origin): Indicates that a product is
produced, processed, and prepared within a specific geographical area and
meets the area's defined standards.

 PGI (Protected Geographical Indication): The product must be closely

linked to the region, with at least one stage of production, processing, or
preparation taking place in the region.

3. United States:

o The U.S. offers protection for GIs through the Certification Marks system in
trademark law, as well as through specific legislation such as the Federal Alcohol
Administration Act for certain alcoholic beverages (e.g., wines and spirits).

o In the U.S., GI protection is less expansive than in Europe, but certain products
(e.g., wines, spirits) can be registered as certification marks with the U.S. Patent
and Trademark Office (USPTO).

4. India:

o India has its own Geographical Indications of Goods (Registration and

Protection) Act, 1999, which allows for the registration of GIs for products from
specific regions, such as Darjeeling Tea, Kashmir Pashmina, and Basmati
Rice. The GI Act provides legal protection against the misuse of the name and
ensures that only those who meet the standards can use the GI.

5. Other Countries:

o Many other countries, such as China, Japan, Australia, and South Korea, have
specific laws or regulations for GIs, often influenced by international treaties like
TRIPS or regional agreements.

Advantages of Geographical Indications

1. Economic Benefits:

o GIs can increase the market value of products, allowing producers to charge
premium prices for authentic products. This is particularly true in sectors like
 food, beverages, and luxury goods, where quality and origin are significant factors
in consumer decision-making.

o GIs can also help develop local economies by creating markets for artisanal,
small-scale producers, while promoting the tourism industry in the region.

2. Cultural Preservation:

o By protecting traditional production methods and regional craftsmanship, GIs

help preserve the cultural heritage and identity of a community or region. They
can encourage sustainable production practices that are in harmony with local
traditions.

3. Consumer Protection:

o GIs help protect consumers by ensuring that the product they are purchasing is
authentic and of consistent quality. For example, when buying "Parmigiano
Reggiano," consumers know they are getting cheese produced in the Emilia-
Romagna region of Italy using specific methods.

4. Environmental Protection:

o GIs often promote environmentally sustainable practices by requiring that

products be produced in specific regions using traditional and sustainable
methods, which can help protect local ecosystems.

Challenges of Geographical Indications

1. Globalization and Counterfeiting:

o As demand for high-quality, authentic products grows, so does the risk of

counterfeit goods. In particular, producers outside of the protected region may try
to capitalize on the reputation of a GI product by falsely using its name (e.g.,
calling wine from outside Champagne “champagne”).

o This is a challenge in the enforcement of GIs, as it requires significant resources

to monitor, police, and take legal action against infringement.
 2. Geographical Scope:

o Defining the geographical area for a GI can be difficult, particularly if the product
is tied to a broader region that includes various sub-regions with different
qualities. In some cases, there may be disputes over which regions are entitled to
use the GI.

3. Economic Disparities:

o While GIs can bring economic benefits to a region, the benefits are often
unevenly distributed. Large producers may benefit the most from the GI, while
small or marginal producers may struggle to meet the standards required for
certification.

Subject matters which can be registered under Geographical Indications in IPR

1. Agricultural Products: GIs can be registered for various agricultural products, such as
fruits, vegetables, grains, spices, coffee, tea, and rice, which are closely tied to specific
regions and their natural characteristics.

2. Food Products: Many traditional food items and delicacies, including cheeses, meats,
sausages, bread, pastries, and confectionery, are eligible for GI protection due to their
unique recipes and production methods originating from particular regions.

3. Beverages: GIs can cover alcoholic beverages like wines, champagne, whisky, brandy,
and spirits, as well as non-alcoholic beverages like mineral water and fruit juices that are
renowned for their regional origin and production processes.

4. Handicrafts and Artisanal Products: Handicrafts, arts, and artisanal products that
reflect the cultural heritage and traditional craftsmanship of a specific area can be
registered as GIs. Examples include ceramics, textiles, pottery, carpets, and traditional
ornaments.

5. Natural Products: Natural products extracted from specific geographical locations, such
as minerals, stones, essential oils, and medicinal herbs, can be eligible for GI protection if
their unique properties are attributed to their origin.
 6. Industrial Products: Some industrial products with characteristics or qualities derived
from a particular region can also be registered as GIs. This may include machinery, tools,
and other manufactured goods.

7. Traditional Cultural Products: Certain products deeply linked to a region’s cultural

identity and traditional knowledge, such as musical instruments, folklore items, and
traditional medicines, may also qualify for GI protection.

8. Textiles and Clothing: Textiles and garments that are made using traditional techniques
and materials specific to a geographical area can be considered for GI registration.

Rights granted under Geographical Indications in IPR

Exclusive Use: The registered GI holder has the exclusive right to use the geographical
indication for the goods that fall within the scope of the registered GI. This means that no other
producer or entity can use the GI to market or sell similar products unless they are authorized
users.

Protection against Misuse: GI protection ensures that the registered GI cannot be used by
unauthorized parties to mislead consumers about the true origin, qualities, or characteristics of
the products. This prevents the misuse of the geographical name for products not originating
from the defined geographical area.

Prevention of Imitations: Unauthorized use of a registered GI to imitate or create confusion

with the genuine product is prohibited. This prevents unfair competition and protects the
reputation and distinctiveness of the genuine product.

Quality Assurance: GI protection is often linked to specific quality standards and production
methods associated with the geographical area. The registered GI holder is responsible for
maintaining these quality standards, which helps assure consumers of the authenticity and quality
of the product.

Right to License: The registered GI holder has the right to authorize other producers (authorized
users) to use the GI on their products, provided that they comply with the defined quality
standards and production methods associated with the GI.
Control over Imports: GI protection allows the registered GI holder to control the use of the GI
on products imported from other countries. This control ensures that only genuine products from
the defined geographical area are allowed in the market.

Legal Remedies: The registered GI holder has the right to seek legal remedies against any
unauthorized use or infringement of the GI. Legal action can be taken against entities that violate
the rights of the GI holder, including seeking damages or injunctions to stop the unauthorized
use.

Recognition in International Trade: GIs that are registered and protected in one country may
be recognized and protected in other countries through international agreements or treaties. This
recognition facilitates the export of products bearing the GI to international markets.