• After industrial revolution, science and technology played an increasingly important role in production and marketing of goods and services.
• Outcome of the business operations in general and profit made in the operations depended upon the new innovations in providing new and better-quality services to the consumers.
• New innovations led to higher profits and made the organisations to spend time and money on it.
• Private and educational institutions invested on Research & Developments (R&D).

It became necessary to safeguard the interest of the organisation/ individuals engaged in (R&D) in respect of the new innovations –

seeking their right over it and restricting others form copying it unless permitted by them on payment of a royalty or otherwise

Legal rights arising out of an intellectual activity – literary, artistic or industrial, originated in the Paris Convention for the protection of industrial property and inventions in 1883.

Led to International Copyright Act 1886.

The General Agreement on Tariffs and Trade (GATT) was formed in 1949

World Intellectual Property Organization (WIPO) was created in 1960

World Trade Organization (WTO), created In 1977, dealt with the development & understanding of IPR.

Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (from 1st January 1995).

Laid down the minimum standards for protection and enforcement of intellectual property rights in member countries, which are required to promote effective and adequate protection of intellectual property rights with a view to reducing distortions and impediments to international trade.

Protection of distinctive signs of Industrial Property has two parts

(i) Trademarks, which distinguish the goods or services of one undertaking from those of other undertakings and

(ii) Geographical indications, which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin.

GI aims at stimulating protection of distinctive sign and ensuring fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely.

• Geographical Indication (GI) is a subset of Intellectual Property Rights (IPR).
• It is a community right, which relates to the unique, reputed and special product of a geographical area associated with a particular community.
• It Is used to identify agricultural and nonagricultural goods including manufactured goods, natural goods, handicrafts and foodstuffs originating in a specific geographical area, which has a reputation for special quality or characteristics unique to the geographical indication.
• GI registration helps the consumers to identify the authenticity of the products and its promotion and marketing within India and abroad.

The Trade and Merchandise Marks Act 1884 – first Indian Law on IPR.

Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) wef 1st January 1995) As a developing country, had a transition period of five years till January 01, 2000, to apply the provisions of the Agreement(TRIPS), which was extended further till January 01, 2005 – for extending product patent protection to areas of technology not protected so far, in the areas of pharmaceuticals and agricultural chemicals.

Geographical Indications(GI)

Goods – that aspect of industrial property, which adverts to the geographical indication referring to a country or to a place, situated there is as being the country or place or origin of that product. The given product should have a specific geographical origin and posse’s qualities or a reputation due to that place of origin.

A place name is sometimes used to identify a product.

This geographical indication not only refers to where the product was made, but more importantly, it identifies the product’s special characteristics which are the result of the products origin.

THE GEOGRAPHJCAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999

1. “Geographical indication”, in relation to goods, means

• an indication which identifies such goods as agricultural goods, natural goods or manufactured goods
• as originating, or manufactured in the territory of a country, or a region or locality in that territory,
• where a given quality, reputation or other characteristic of such goods is
• essentially attributable to its geographical origin and
• in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be {Section 1 (3) }

2. GI is a community Right for

3. an agricultural, natural or a manufactured product (handicrafts, foodstuff, & industrial goods) originating from a definite geographical territory

The GI tag ensures that

none other than those registered as authorized users (or at least those residing inside the geographic territory) are allowed to use the popular product name.

Registration of a GI confers the following rights on the registered proprietor and the authorized users:

1.Exclusive right to use of the GI in relation to the goods in respect of which GI is registered.

2. Right to obtain relief in respect of infringement of GI.

A GI is registered for an initial period of ten years,

• This may be renewed from time to time.

Dealt by Department of Industrial Policy & Promotion of International Trade (DPIIT), Ministry of Commerce & Industry, Government of India .The Registration Process given in website and office are

https://ipindia.gov.in/the-registration-process-gi.htm

Geographical Indications Registry, Intellectual Property Office Building, Industrial Estate, G.S.T Road, Guindy,
Chennai – 600 032,Phone: 044 – 22502091-93 & 98,Fax: 044 – 22502090,

E-mail: gir-ipo@nic.in , Website: ipindia.gov.in

GI tag for a product seeks to protect the manufacturers/producers, who produce these genuine products