What is Geographical Indication (GI)

  • A geographical indication (GI) is an intellectual property right used on products that have a specific geographical origin and possess qualities or a reputation that are essentially attributable to that origin. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.

What Rights Geographical Indication Provide

  • A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards. For example, in the jurisdictions in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can exclude use of the term “Darjeeling” for tea not grown in their tea gardens or not produced according to the standards set out in the code of practice for the geographical indication.
    However, a protected geographical indication does not enable the holder to prevent someone from making a product using the same techniques as those set out in the standards for that indication. Protection for a geographical indication is usually obtained by acquiring a right over the sign that constitutes the indication

How are GI Protected

  • There are four main ways to protect a geographical indication:-
  • So-called sui generis systems (i.e. special regimes of protection).
  • Using collective or certification marks.
  • Methods focusing on business practices, including administrative product approval schemes.
  • Through unfair competition laws.

Products Protected by GI

  • GIs protect agricultural products, foodstuffs, wines, and spirit drinks by linking the product's quality or characteristics to its place of origin. This intellectual property right helps consumers identify these products and ensures that producers who meet the specified standards can protect the use of the name.