The GI Act, 1999, explained

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.

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

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.