About Geographical indication (GI) Tags

• According to Article 22  (1) of Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organization (WTO),  GIs as  “indications which identify a good as originating in the territory of a region or locality in that territory, where a given  quality, reputation or other characteristic of the good is essentially attributable to its geographic origin”.
• A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. 
• It is used for agricultural, natural and manufactured goods. 
• The registration of GI is valid for 10 years after which it needs to be renewed.
• GI registration gives to the registered proprietor and its authorized users, the legal right to the exclusive use of the GI and also the right to obtain relief in case of its infringement.
• GI is a collective intellectual property right and is thus owned by all the producers within the defined GI territory unlike intellectual properties like patent and trademark which are owned by an individual or a business entity.

Indian Experience with GI

• • India, being a member of the World Trade Organisation, enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999.
  • The Act is administered by the Controller General of Patents, Designs & TradeMarks, GI (CGPDTM-India) under the Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry.
  • India enacted its GI legislation to comply with India’s obligations under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement.

• Darjeeling Tea became the first GI tag issued product in India, which was issued to it from 2004 to 2005 and since then, the number of registrations, as well as applications, has increased rapidly. 

• More than 500 products across all the States have been given GI tags so far.

Findings

• As per World Intellectual Property Organization, Germany leads in GI registrations, with 15,566 registered products, followed by China (7,247), 
• Globally, wines and spirits comprise 51.8 percent of registered GIs, followed by agricultural products and foodstuffs at 29.9 percent. 
• In India, handicraft (about 45 percent) and agriculture (about 30 percent) comprise the majority of the GI products.

Benefits of registration of Geographical Indications

• It confers legal protection to Geographical Indications in India
• It is essential to prevent unauthorized use of a Registered Geographical Indication by others.
• Legal protection to Indian Geographical Indications are intrinsic in  boosting exports.
• It promotes economic prosperity of producers of goods produced in a geographical territory.

Concerns with GI registrations in India

• • As of 2023,  India received a total of 1,167 applications for GI Registration, of which only 547 products  have been registered. This means the application acceptance ratio is only about 46 percent.
  • The definition of “producers” under the GI Act, 1999 lacks clarity, which results in the involvement of intermediaries who share the benefits that go to the producers.
  • In many European Union  nations, GI  is classified in two basic categories—Protected GI and Protected Destination of Origin. India only has the Protected GI category.

• The protected designation of origin (PDO) is a type of geographical indication of the European Union and the United Kingdom, which is aimed at designating products that have been produced, processed and developed in a specific geographical area, using the recognized know-how of local producers and ingredients from the region concerned.

• There have been disputes on various GI products, such as Darjeeling tea and Basmati rice, which were claimed by one country as their property and legally challenged by another, which is also a cause of concern.

Way Forward

• There should be  emphasis  on amendment of existing GI laws to clearly dictate exclusion of “non-producers” from benefiting from GIs, and ensure direct benefits to producers. 
• It is also important to use technology, skill-building and digital literacy among GI producers, manufacturers and labourers to ensure that they keep pace with modern trends and consumers’ requirements.
• The government’s One District One Product scheme should be integrated with GIs through the involvement of food producer organisations. 
• The quality and accessibility of GI products should be ensured by setting up testing labs and creating a separate tab on eNAM.
• Government agencies, trade and producer associations should integrate to organise more exhibitions for popularisation of GI-based products.