WHAT IS GEOGRAPHICAL INDICATION?
A Geographical Indication (GI) is a sign used on products that have a specific
geographical origin and possess qualities or a reputation that are due to that origin.
In order to function as a GI, a sign must identify a product as originating in a given
place. In addition, the qualities, characteristics or reputation of the product should
be essentially due to the place of origin. Since the qualities depend on the
geographical place of production, there is a clear link between the product and its
original place of production.
A geographical indication legal right enables those who have the right to use the
indication to prevent its use by a third party whose product does not conform to the
applicable standards. For example, in the jurisdictions in which the Darjeeling
geographical indication is protected, producers of Darjeeling tea can exclude use of
the term “Darjeeling” for tea not grown in their tea gardens or not produced
according to the standards set out in the code of practice for the geographical
indication.
However, a legally protected geographical indication does not enable the holder to
prevent someone from making a product using the same techniques as those set out
in the standards for that indication. Legal protection for a geographical indication is
usually obtained by acquiring a right over the sign that constitutes the indication.
Geogrpahical Indications are typically used for agricultural products, foodstuffs, wine
and spirit drinks, handicrafts and industrial products.
Broadly speaking GI are protected in different countries and regional systems
through a wide variety of approaches and these approaches have been developed in
accordance with different legal traditions and within a framework of individual
historical and economic conditions.
With Regards
Mrs. Arokia Anitha
(Advocate & IP Legal Advisor)
Parent of HANIRVAN – LKG – D