How to Obtain a Geographical Indication (GI): A Step-by-Step Guide

How to Obtain a Geographical Indication (GI): A Step-by-Step Guide

A. Introduction 

In a global marketplace driven by authenticity and tradition, Geographical Indications (GIs) serve as a powerful tool to protect the unique identity of regional products. Whether it's Darjeeling Tea, Banarasi Sarees, or Mysore Sandalwood, a GI not only acknowledges the origin of a product but also helps preserve cultural heritage and promote economic development for local communities.

This article outlines the procedure for obtaining a Geographical Indication in India, as governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999.

B. What is a Geographical Indication (GI)?

A Geographical Indication is a sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics essentially attributable to that location. It is typically used for agricultural products, handicrafts, industrial goods, or food items that are intrinsically linked to a region.

A registered GI grants the community or organization the exclusive right to use the GI name, preventing misuse or imitation by unauthorized producers.

C. Who Can Apply for a GI?

An application for GI registration can be made by:

a. Any association of persons, producers, or organization, or Any authority or institution established by or under law representing the interest of the producers of the concerned goods.

b. The applicant must represent the interest of the producers and must be involved in the production or promotion of the goods bearing the GI.

D. Step-by-Step Process to Obtain a GI in India

1. Determine Eligibility

Ensure that:

(i) The product originates from a specific geographic location.

(ii) The product has a unique quality, reputation, or characteristic linked to that location.

(iii) You are a legal entity representing the producers or stakeholders.

2. Collect Evidence and Documentation

Prepare a comprehensive dossier with:

(i) Details of the product (description, uniqueness, historical background)

(ii) Evidence of origin and reputation

(iii) Geographical map of the region

(iv) Proof of production methods and traditional knowledge

(v) Details of the applicant and stakeholders

3. File the Application

Submit the GI application to the Geographical Indications Registry, Chennai using Form GI-1 (in triplicate), along with:

(i) Statement of Case (explaining how the GI meets registration criteria)

(ii) Affidavit (supporting use of the GI)

(iii) Three copies of the application and representation of the GI

(iv) Fees:

a. INR 5,000 for physical filing

b. INR 4,500 for online filing

(v) You can file online through the IP India portal:

https://ipindia.gov.in

4. Preliminary Scrutiny and Examination

The GI Registry conducts a formal examination and may request clarifications. A consultative process follows to ensure the GI satisfies legal requirements.

5. Publication in the GI Journal

If accepted, the application is published in the Geographical Indications Journal. This initiates a three-month opposition period (extendable by one month), during which third parties may raise objections.

6. Opposition (if any)

If an opposition is filed, a hearing is conducted. If no opposition is filed or the opposition is decided in favor of the applicant, the registration proceeds.

7. Registration and Certificate

Upon acceptance, the GI is registered, and a Certificate of Registration is issued. The GI is valid for 10 years and is renewable indefinitely in 10-year intervals.

E. Post-Registration Benefits of Geographical Indications (GI)

Once a Geographical Indication (GI) is registered under the Geographical Indications of Goods (Registration and Protection) Act, 1999, several legal, economic, and social benefits accrue to the producers, communities, and regions associated with the registered product. The key post-registration benefits include:

1. Legal Protection

a. Exclusive Right to Use: Only authorized users or registered proprietors can use the GI tag in relation to the goods.

b. Prevention of Unauthorized Use: Registration provides a legal remedy against infringement, misuse, or passing off by unauthorized users.

c. Basis for Enforcement: The registered GI can be the basis for initiating civil or criminal action for infringement.

2. Market Differentiation and Branding

a. Reputation and Authenticity: GI registration acts as a mark of quality and authenticity, enhancing consumer trust.

b. Premium Pricing: Products bearing GI tags can command higher market prices due to their recognized uniqueness and traditional value.

3. Economic Prosperity

a. Rural Development: GI protection promotes the economic well-being of producers and artisans, especially in rural and tribal areas.

b. Increased Employment: Demand for GI products often leads to higher employment opportunities in the associated sectors.

4. Export Promotion

a. Global Recognition: GIs help in identifying products in international markets, boosting exports and foreign exchange earnings.

b. Trade Negotiation Tool: GIs can be used strategically in trade negotiations and to protect traditional knowledge.

5. Cultural and Traditional Preservation

a. Protection of Traditional Knowledge: GI registration supports the safeguarding of cultural heritage, traditional skills, and indigenous techniques.

b. Inter-generational Transmission: The value and recognition encourage younger generations to continue traditional occupations.

6. Consumer Benefits

a. Assurance of Quality and Origin: Consumers are assured of the authenticity, quality, and origin of the product they purchase.

F. Conclusion

Obtaining a Geographical Indication is more than just acquiring legal rights—it's a recognition of tradition, authenticity, and regional excellence. For producers and communities, it ensures economic benefits, brand value, and protection from imitation. While the process involves careful documentation and legal compliance, the rewards in terms of recognition and market value are substantial.

Applicants are advised to work closely with legal experts or IP professionals for proper documentation and successful registration.

Thank you for reading.

Authored by: 

Advocate Ranjitsinh Sureshrao Ghatge 🦅 

+919823044282

14:49

3rd Jeshtha 14234

24th May 2025