What is Geographical Indication (GI)?
A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that place of origin (e.g. a town, region, or country).
The use of a geographical indication may act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin.
Why Does the GI Need to be Recognized?
Every region boasts of something unique and some local products are their claim to fame. This reputation of the region is not built in a day.
These unique products are a combination of the best of man and nature and it has been carefully preserved and handed over for generations.
In order to celebrate and recognise the unique identity connecting the products and places, the GI tag was developed.
In many countries, the protection given to GIs by law is similar to the protection given to trademarks, and in particular, certification marks.
Geographical indications law demands that the use of the GIs can be done only when the product originates from a particular area and/or meets certain standards.
Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to license or allow the use of the indication.
Legal position globally
The WTO Agreement on TRIPS defines “geographical indications” as indications that identify a good as “originating in the territory of a Member, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin.”
In 1994, when negotiations on the WTO TRIPS were concluded, governments of all WTO member countries had agreed to set certain basic standards for the protection of GIs in all member countries.
Article 22 of the TRIPS Agreement says that all governments must provide legal opportunities in their own laws for the owner of a GI registered in that country to prevent the use of marks that mislead the public as to the geographical origin of the goods.
Article 23 of the TRIPS Agreement says that all governments must provide the owners of GI the right, under their laws, to prevent the use of a geographical indication identifying wines not originating in the place indicated by the geographical indication.
Furthermore, the significance of protecting industrial property and geographical indications as integral components of intellectual property is acknowledged and emphasised in Articles 1(2) and 10 of the Paris Convention.
Significance of GI
The GI tag is an indication which is definite to a geographical territory. It is used for agricultural, natural and manufactured goods.
For a product to get a GI tag, the goods need to be produced or processed or prepared in that region. It is also essential that the product has a special quality or reputation.
GI tag is beneficial because it confers legal protection to the Geographical Indications in a country. This identity helps in preventing misuse of a registered GI.
Moreover, the legal protection of GI boosts exports. GI tag not only helps the country’s export market but also helps in promoting economic prosperity of the producers.
Also Read:
What is Intellectual Property Rights and types of IPR?
Artificial Satellites: Types, Working process and Applications
