Geographical Indications Act, 1999

Questions & Answers

Q. 1. What does the term 'Geographical Indications (GI)' stand for ?

Ans. Geographical Indications are names associated with goods which identify such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or a locality in that territory, where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin. Some examples of GI are Darjeeling Tea, Pochampalli Saree, Chanderi Saree, Kanjeevaram Silk, Champagne Wine, Scotch Whisky.

Q. 2. Who can apply for GI's registration ?

Ans. According to section 11 Any association of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods, who are desirous of registering geographical indication in relation to such goods can apply for GI's registration.

Q. 3. Who can use the registered geographical indication ?

Ans. An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered.

An 'Authorised user' is any person claiming to be the producer of the goods in respect of which a geographical indication has been registered. For becoming an authorized user the person has to apply in writing to the Registrar in prescribed manner and by paying requisite fee.

Q. 4. Who can be considered a 'producer' for the purposes of this act ?

Ans. "Producer" according to Geographical Indications of Goods (Registration & Protection) Act, 1999 in relation to goods, means any person who,-

(i) if such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods;

(ii) if such goods are natural goods, exploits the goods;

(iii) if such goods are handicraft or industrial goods, makes or manufactures the goods;

(iv) and includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods. [Section 2(1)(k)]

Q. 5. Can all geographical indications be registered ?

Ans. According to section 9, A geographical indication cannot be registered if :-

i. its use is likely to deceive or cause confusion or be contrary to any law;

ii. it comprises or contains scandalous or obscene matter or any matter likely to hurt religious susceptibilities of any class or section of the citizens of India;

iii. it is a generic name;

iv. it has ceased to be protected in their country of origin or which have fallen into disuse in that country;

v. it is falsely represented by persons claiming that goods originate in another territory, region or locality as the case may be.

Q. 6. What is the punishment in the Act for falsifying GI ?

Ans. A sentence of imprisonment for a term between six months to three years and a fine between fifty thousand rupees and two lakh rupees is provided in the Act. The court may reduce the punishment under special circumstances.

Q. 7. What is the term of GI protection ?

Ans. The registration of a GI shall be for a period of ten years but may be renewed from time to time for an unlimited period by payment of the renewal fees.