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ARTICLE · 09 MARCH 2022

Reinforcing ‘Traditional Brands': Registering Protected Geographical Indication In India

Khurana & Khurana, Advocates and IP Attorneys
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A GI is a sign used on products that have a specific Protected Geographical Indication origin and possess qualities or a reputation that are due to that origin.

IndiaIntellectual Property
Sarabjit Kaur
Sarabjit Kaur
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Introduction

A GI is a sign used on products that have a specific Protected Geographical Indication origin and possess qualities or a reputation that are due to that origin. A few examples of GIs in India are Pashmina from Jammu & Kashmir, Banarasi Sarees from Uttar Pradesh, Darjeeling tea from West Bengal, and Feni from Goa.

The intellectual property rights of protected geographical indication (GIs) have emerged as a significant issue over recent years in India. The TRIPS Agreement, 1995, via its Article 22, paved the way for the enactment of sui-generis legislation called the protected Geographical Indication of Goods (Registration and Protection) Act, 1999 (the GI Act) which came into force in September 2003. Prior to the GI Act, the misuse of GIs had to be addressed through consumer protection acts, certification trademarks, or passing-off actions in courts.

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