Geographical Indication

Published by DexPatent on August 8, 2017August 8, 2017

Have you ever pondered how GI creates market value?

Geographical Indication, (GI) showcases and guarantees uniqueness, genuineness, specialty, quality and traditional value for a product. Additionally, the product has a competitive advantage, added value, global recognition and brand value, hence it creates its own market value to the territory.

For example, the famous and delicious ‘Tirumala laddu’ has been granted the GI (Geographical Indication) certification. A range of rich spices like saffron, refined camphor, cashew nuts, dry-grapes, cardamom besides luscious ghee in addition to the GI tag makes the ‘Tirumala laddus’ so unique and so much sought-after than the normal “laddu”. Thus, it creates special brand value and competitive advantage with a global recognition.

A geographical indication (GI) is a name or sign used on certain products which correspond to a specific geographical location (e.g. a town, region, or country) to indicate the place of production. Geographical indications are typically used for agricultural products, foodstuff, wine and spirit drinks, handicrafts.

Few GI Registered products in India

In India, GI registration is governed by the Geographical Indications of goods (Registration and Protection) Act, 1999. This had come into force from September 2003.

Darjeeling Tea

Darjeeling tea was the first product in India to receive GI tag
Due to the unique and complex combination of agro-climatic conditions, Darjeeling tea has a distinctive and naturally occurring quality and flavor

Uniqueness

“Musky-sweet tasting” and “Exquisite Banquet”
Having delicate vegetal, mossy, fruity, and citrus flavors

Kancheepuram Silk Saree

Hand woven saree from pure mulberry silk & takes almost a week to finish one saree
Cost of saree depends on the amount of “Zari” (silk thread twisted with thin silver and gold wires) procured from Surat (Gujarat)

Uniqueness

Weighs about 500 grams to 1 Kg
Width around 48 inches
Currently, 40% silver and 5% gold are used in the Zari

Legal sanctity of GI – A case study

Tea Board of India Vs Republic of Tea Inc., USA (2000 – 2006)

The Republic Of Tea (ROT) filed a Trademark application with the mark “Darjeeling nouveau”. The Tea Board of India opposed the registration of the mark as it is likely to cause misidentification with the registered marks “DARJEELING” and “DARJEELING design’.
The ROT counterclaimed to cancel the DARJEELING word mark registration claiming it to be a “generic” term and that already there are many third parties misusing the registered mark
The verdict from the Trademark Trial and Appeal Board (TTAB) stated that the mark will never be inferred as generic unless the misuse is so widespread and dismissed the counterclaim by the ROT

GI Vs Appellations of Origin (AO)

Often there exists a confusion between GI and AO. Appellations of origin (AO) are a special kind of geographical indication (GI). The basic difference between the two concepts is that the link with the place of origin must be stronger in the case of an Appellation of Origin. The quality or characteristics of a product protected under Appellation of Origin must result exclusively or essentially from its geographical origin. This generally means that the raw materials should be sourced in the place of origin and that the processing of the product should also take place there.