Geographical Indication in India

Article 22 of the TRIPs explicitly provides for protection to products having geographical indications (“GI”) - like French champagne or Darjeeling tea or Scotch whisky. India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into force with effect from September 15, 2003 to strike a balance between property rights and public interests. Section 11 of the Act confers rights to register a protected name to any association of persons or producers or any organization or authority established by or under any law for the time being in force representing a geographical indication in relation to such goods.

Geographical Indication rights are acknowledged and conferred on the basic premise that biological resources and heritage of indigenous knowledge are the national assets of people and state is not the owner, but a trustee of such a heritage.

Some examples of Indian GIs are Mysore Silk, Darjeeling Tea, Alphanso Mango, Basmati rice and now Muga silk of Assam.

Registration of a Geographical Indication in India is valid for a period of 10 years. It can be renewed from time to time for a further period of 10 years each from the date of registration/last renewal. If a registered geographical indication is not renewed, it is liable to be removed

CLG Geographical Indication Practice

CLG is one of the very few law firms in India with a substantial Geographical Indication practice. Our Geographical Indication Practices focuses on the following services:-