Question 1

What is a Geographical Indication (GI) tag and what does it protect?

Accepted Answer

A GI tag under the Geographical Indications of Goods (Registration and Protection) Act 1999 identifies a product as originating from a specific region, where the quality, reputation, or other characteristic is essentially attributable to that origin. GI registration gives the registered proprietor (typically a producers' association or state government body) the exclusive right to use the GI name for goods from the designated area. Examples: Darjeeling Tea, Banarasi Silk, Channapatna Toys.

Question 2

Who can apply for GI registration and who are "authorised users"?

Accepted Answer

The application is filed by an "association of persons or producers" or an organisation or authority representing the interests of producers. Individual producers cannot hold GI registration directly — they become "authorised users" by registering with the GI registry on payment of a fee and production of a declaration that their goods meet the GI standards. Authorised user registration is the way individual artisans/farmers access the GI brand.

Question 3

What is the registration process and validity?

Accepted Answer

Form GI-1 (GI application) + Form GI-2 (statement of case including geographic area, producers, standards, quality characterisation, history of association with the area, and inspection body). Filed with the GI Registry, Chennai. Examination → publication in GI Journal (3 months for opposition) → registration if unopposed or opposition fails. Validity: 10 years, renewable perpetually for 10-year terms. Annual maintenance fee is nominal.

Question 4

How is GI infringement handled?

Accepted Answer

Section 22 GI Act: using a GI without authorisation — imprisonment 6 months–3 years plus fine ₹50,000–₹2 lakh for first offence. Both civil (injunction + damages) and criminal remedies are available. Customs can seize infringing goods at the border under Intellectual Property Rights (Imported Goods) Enforcement Rules 2007. The registered proprietor and authorised users both have standing to sue for infringement.

Question 5

Can a foreign GI be protected in India?

Accepted Answer

Yes — Section 85 GI Act: a GI registered in another WTO member country (under TRIPs Article 22) is eligible for registration in India without requiring proof of use in India. Application follows the same process via the GI Registry Chennai. Foreign GI holders should register proactively in India before local parties attempt registration of similar marks — prior registration globally does not give automatic Indian protection.

Gi Registration

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