GEOGRAPHICAL INDICATION
Geographical Indication Overview
A Geographical Indication (GI) is a label that identifies products originating from a specific geographical region or locality, where certain qualities, characteristics, or reputations of the product are essentially linked to its geographical origin. GIs can apply to a variety of goods, including agricultural products, handicrafts, and natural resources.
Key Features of GI:
- Origin-based: GIs highlight the unique features of products tied to a particular geographical area.
- Quality & Reputation: The product’s quality or distinctiveness is attributable to its place of origin.
- Legal Protection: GI provides exclusive rights to producers in the designated region, protecting them from unauthorized use or misuse of the indication by others.
Benefits of Geographical Indication
- Legal Protection: Prevents misuse of the GI by unauthorized parties.
- Economic Benefits: Supports economic prosperity by promoting regional goods, increasing demand, and potentially allowing for premium pricing.
- Consumer Confidence: Builds consumer trust in the authenticity and quality of the product.
- Cultural and Regional Recognition: Promotes local heritage and fosters pride in regional craftsmanship and agriculture.
GI vs. Trademark (TM)
- Trademark (TM): A trademark is a distinctive symbol, word, or design used by a business to differentiate its products or services from others. It grants exclusive rights to the owner and focuses on individual business identity.
- Geographical Indication (GI): A GI indicates the geographical origin of a product and emphasizes qualities inherent to that region. It is not linked to a single company but rather to a collective group of producers from that region.
Registration Process
- Application: An application for registration must be filed by a group of producers or an association representing their collective interests. The application must include:
- A statement of the product’s special characteristics.
- A certified map of the region associated with the product.
- Details about the inspection and quality control mechanisms.
- Information on all producers or a collective reference if the group is large.
- Affidavit: A statement by the applicant explaining how they represent the producers and the product’s unique attributes.
- Triplicate Submission: The application must be submitted in triplicate, signed by the applicant or their agent.
GI Validity
- Duration: Once registered, a GI is protected for ten years from the date of application.
- Renewal: The protection can be renewed indefinitely every ten years as long as the product is still in use and meets the established criteria.
