The law behind the tag

The GI Act, 1999, explained

The Geographical Indications of Goods (Registration and Protection) Act, 1999 is the law behind every GI tag in India. It defines what a geographical indication is, sets out how one is registered and who may use it, and makes false use an offence. This page walks through the Act section by section in plain language.

Act No. 48 of 1999In force 200316 key provisions
The Geographical Indications of Goods (Registration and Protection) Act, 1999
01 · Section 2(1)(e)

The core idea

A GI is about a relationship: a product, a place, and characteristics tied to that place.

  • Section 2(1)(e) covers agricultural, natural and manufactured goods.
  • The quality, reputation or other characteristic must be essentially attributable to geographical origin.
  • For manufactured goods, production, processing or preparation must occur in the relevant territory.
Illustration for The core idea — GI Act 1999, Section 2(1)(e)
02 · Section 2(1)(f)

What counts as goods?

The Act deliberately casts a wide net, so crafts and foods qualify as well as farm produce.

  • Agricultural goods
  • Natural goods
  • Manufactured goods
  • Handicraft and industrial goods
  • Foodstuff
Illustration for What counts as goods? — GI Act 1999, Section 2(1)(f)
03 · Section 9

The gates are real

Section 9 sets out circumstances in which a geographical indication shall not be registered.

  • Use that would deceive or cause confusion
  • Use contrary to any law in force
  • Scandalous or obscene matter
  • Matter likely to hurt religious susceptibilities
  • Generic names or indications
  • Indications that falsely represent the goods as originating in another territory
Illustration for The gates are real — GI Act 1999, Section 9
04 · Sections 11–16

From application to seal

Sections 11 to 16 turn a claim about a place into a registered GI, in six steps.

  1. Application
  2. Examination
  3. Advertisement
  4. Opposition
  5. Decision
  6. Registration
Illustration for From application to seal — GI Act 1999, Sections 11–16
05 · Section 11

Draw the boundary

A GI application is not just a name. Section 11 requires a geographical map of the territory the indication covers.

  • The geographical territory, region or locality
  • The class of goods
  • How the indication identifies the goods as originating there
  • The quality, reputation or characteristics linked to the geographical environment
  • The appearance of the geographical indication
  • Particulars of the producers concerned
Illustration for Draw the boundary — GI Act 1999, Section 11
06 · Section 14

Three months to speak

Once an accepted application is advertised in the GI Journal, the Act opens a defined window for objections.

  • Any person may give notice of opposition within three months of the advertisement or re-advertisement.
  • The Registrar may allow a further period, not exceeding one month in aggregate, under the statutory conditions.
  • The applicant must file a counter-statement within the specified period, or the application may be treated as abandoned.
Illustration for Three months to speak — GI Act 1999, Section 14
07 · Section 17

The authorised maker

Registering the GI and registering individual producers as authorised users are separate steps.

  • A producer of goods covered by a registered GI may apply to become an authorised user.
  • The application is supported by prescribed statements and documents.
  • The procedures for GI applications broadly apply to authorised-user registration as well.
Illustration for The authorised maker — GI Act 1999, Section 17
08 · Section 18

Ten years, then again

Section 18 creates a renewable ten-year cycle for both the GI and its authorised users.

  • GI registration lasts 10 years.
  • Authorised-user registration lasts 10 years, or until the GI registration expires, whichever is earlier.
  • Renewal is available on the prescribed procedure and fees.
  • The Act also contains mechanisms for removal and restoration.
Illustration for Ten years, then again — GI Act 1999, Section 18
09 · Sections 20–21

Protection starts here

Registration changes the legal position of producers and of anyone using the name.

  • An unregistered GI cannot support an infringement proceeding under the Act.
  • Registration gives registered proprietors and authorised users the right to seek relief for infringement.
  • An authorised user has the exclusive right to use the GI on the registered goods, subject to conditions and limitations.
  • The registration certificate is prima facie evidence of validity.
Illustration for Protection starts here — GI Act 1999, Sections 20–21
10 · Section 22

Don't mislead the map

Section 22 targets misleading claims about origin and unfair competition.

  • Suggesting goods come from somewhere other than their true place of origin.
  • Use that amounts to unfair competition, including passing off.
  • Use likely to mislead about the nature, manufacturing process, characteristics, suitability or quantity of goods.
  • Using another GI to falsely represent where goods come from.
Illustration for Don't mislead the map — GI Act 1999, Section 22
11 · Sections 25–26

GI and trade marks

The Act sets rules for where a geographical indication and a trade mark meet.

  • Trade marks containing a GI may be refused or invalidated where use would confuse or mislead about true origin.
  • Section 26 protects specified earlier trade mark rights acquired in good faith.
  • The Act preserves a person's right to use their own name, subject to the rule against misleading use.
Illustration for GI and trade marks — GI Act 1999, Sections 25–26
12 · Sections 27–30

Keeping the register clean

Sections 27 to 30 provide ways to rectify, correct and alter the register.

  • Cancel or vary a registration for specified contraventions or failures.
  • Rectify omissions, wrongful entries, errors and defects.
  • Correct names, addresses and descriptions.
  • Alter a registered GI where its identity is not substantially affected.
Illustration for Keeping the register clean — GI Act 1999, Sections 27–30
13 · Section 31

When a decision is challenged

Section 31 provides a route to challenge decisions of the Registrar.

  • As enacted, a person aggrieved by an order or decision of the Registrar could appeal to the Appellate Board.
  • The ordinary appeal period is three months from the date the decision is communicated.
  • The Act also sets out procedural and jurisdictional rules for appeals and rectification.

Since the Tribunals Reforms Act, 2021 abolished the Intellectual Property Appellate Board, these appeals are heard by the High Courts. Check the current procedure before filing.

Illustration for When a decision is challenged — GI Act 1999, Section 31
14 · Sections 37–50

False label, real risk

Sections 37 to 50 move from civil protection into offences and enforcement.

  • Falsifying a GI, or falsely applying one to goods, is an offence.
  • Selling, or possessing for sale, goods that carry a false GI is also covered.
  • Sections 39 and 40 provide for imprisonment of six months to three years and a fine of ₹50,000 to ₹2 lakh, subject to statutory provisos.
  • Repeat convictions carry higher minimum penalties.
Illustration for False label, real risk — GI Act 1999, Sections 37–50
15 · Section 50

From seizure to court

Section 50 links police action with the Registrar and a Magistrate.

  • Offences under Sections 39 to 41 are cognizable.
  • A police officer not below the rank of Deputy Superintendent, or equivalent, may search and seize without a warrant in the circumstances specified.
  • Before search and seizure, the officer must obtain the Registrar's opinion on the facts involving the GI.
  • Seized articles must be produced before the specified Magistrate.
Illustration for From seizure to court — GI Act 1999, Section 50
16 · The whole Act

The whole Act in four words

A compact way to remember how the Act fits together.

  • Identify: define the link between the goods and the place.
  • Register: record the GI and its authorised users.
  • Protect: stop misleading use and infringement.
  • Enforce: offences, penalties, seizure and court process.
Illustration for The whole Act in four words — GI Act 1999, The whole Act

Frequently asked questions

When did the GI Act come into force?

The Act was passed in 1999 and came into force in 2003. The first registration under it, Darjeeling Tea, followed in 2004.

How long does GI registration last?

Ten years, renewable for further ten-year periods. An authorised user's registration lasts ten years or until the GI itself expires, whichever is earlier.

Is it a crime to sell fake GI goods?

Yes. Falsely applying a GI, and selling goods that carry a false GI, are offences under the Act. Sections 39 and 40 provide for imprisonment of six months to three years and a fine of ₹50,000 to ₹2 lakh, subject to statutory provisos.

Can I stop someone misusing an unregistered GI?

Not through an infringement action under this Act, which requires registration. Other remedies, such as a passing-off claim, may still be available, so take legal advice.

This is a plain-language summary for general information, not legal advice. Section numbers refer to the Act as enacted; read the official text of the Act and its Rules, as amended, before relying on any provision. For the procedure itself, see our guide to the GI Rules, 2002. For how registration works in practice, see What is a GI tag?, or browse the catalogue of GI products.

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