Geographical Indications in Indian Agriculture On The Anvil: January 2017

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GEOGRAPHICAL INDICATIONS IN INDIAN AGRICULTURE ON THE ANVIL
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J.Bio.Innov6 (5), pp: 790-816, 2017 |ISSN 2277-8330 (Electronic) Chaudary et al .,
GEOGRAPHICAL INDICATIONS IN INDIAN AGRICULTURE ON THE ANVIL
R. C. Chaudhary1, Sujit Kumar Yadav2, Sunil Kumar1

1
Participatory Rural Development Foundation (PRDF), Gorakhpur (U. P.) 273014, INDIA
2
U. P. Council of Agricultural Research, Kisan Mandi Bhawan, Gomtinagar, Lucknow 226010
(Received on Date: 11th August 2017 Date of Acceptance: 21st September 2017)
ABSTRACT
Geographical Indication of Goods (GI) 1, 2, 5, 6, 9, 17, 21, 34 as the name implies, is an indication, in
the form of name or sign, used on the goods that have a specific geographical origin and
posses qualities or a reputation that are due to the place of origin. In order to function as a
GI, a sign must identify a product as originating in a given place. In addition, the qualities,
characteristics or reputation of the product should be essentially due to the place of origin.
Since the qualities depend on the geographical place of production, there is a clear link
between the product and its original place of production.A geographical indication right
enables those who have the right to use the indication to prevent its use by a third party
whose product does not conform to the applicable standards. For example, in the
jurisdictions in which the ―Darjeeling Tea‖ geographical indication is protected 12, producers
of Darjeeling tea can exclude use of the term ―Darjeeling‖ for tea not grown in their tea
gardens or not produced according to the standards set out in the code of practice for the
geographical indication. However, a protected GI does not enable the holder to prevent
someone from making a product using the same techniques as those set out in the
standards for that indication. Protection for a GI is obtained usually by acquiring a right over
the sign that constitutes the indication.
No: of Tables: 4 No: of Figures: 4 No: of References: 36
2017 September Edition |www.jbino.com | Innovative Association

GEOGRAPHICAL INDICATION IN tagged product in 2004 in India. After that

AGRICULTURE landmark17, many GI-labelled agricultural
Seed or planting material is basic to all products have been added (Table 1) in
agricultural production. Seed costs India.
minimum in total cost of crop production
but has maximum impact. Having reaped 2.1 Protection by GI: Legal side:
the benefit through the seeds of green The Indian Parliament enacted in 1999 ‗The
revolution varieties, farmers were quick to Geographical Indications (GI) of Goods
realize the importance of good seeds of (Regulation and Protection) Act‘ 16, 17 for
new and better varieties of crops. For such registration and better protection in
superior seeds, farmers were even more relation to goods. This Act came into effect
willing to pay a higher price. Seed on 15th September 2003. Under Section
companies and technology developers 1(e) it is defined that ‗Geographical
saw this as an opportunity to convert plant Indication‘ in relation to goods, means an
varieties and important plant genes as indication which identifies such goods as
profit – making products. Global strategy, agricultural goods, natural goods or
pesticides and seed companies merged to manufactured goods as originating or
consolidate capital and technology to manufactured in the territory of a country
dominate the market. In various countries or a region or locality in that territory,
the need to conserve biodiversity, farm where a given quality reputation or other
level variation, giving credit to farmers for characteristic of such good is essentially
their traditional crop varieties, folk attributed to its geographical origin and in
varieties, farmers varieties, access to case where such goods are manufactured
benefit sharing, extending consumer goods, one of the activities of either the
assurance by way of geographic production or of processing or preparation
indications, appellation of origin, of the goods concerned takes place in
traditional knowledge etc were attempted such territory, region on locality as the case
to be protected. Global commodity trade may be. The focus of the Act is on quality
is now dominated by several such new reputation or other characteristic of such
issues, which in India are now understood goods, which is essentially attributed to its
and applied. Other aspect of GI in geographical origin. In doing so, the
agriculture is related the plant-based geographical domain can be a territory of
products or by-products. Plant-based a country or a region or locality in that
products could be raw material for territory. The quality of the product is
production or its processing or the attributed essentially to its geographical
preparation. After the GI became origin. If it is goods, either the raw material
effective on 15th September 2003, production or processing or the
Darjeeling Tea 12 became the first GI- preparation, shall take place in such
territory. The Registrar of the GI shall as collective and certification marks are
construe the GI in the Registry 17, 19, 33, generally protected for renewable ten-
34.There are three main ways to protect a year periods. The right to use a protected
geographical indication 32, 33, 34: geographical indication belongs to
i. using sui generis systems (i.e. special regimes producers in the geographical area
of protection); defined, who comply with the specific
ii. using collective or certification marks; and conditions of production for the product.
iii. using business practices, including
administrative product approval schemes. 2.2 TRIPS requirements and GI:
Trade-Related Aspects of Intellectual
These approaches involve differences with Property Rights (TRIPS) prescribes minimum
respect to important questions, such as the standards of protection of GI. Additional
conditions for protection or the scope of protection on wines and spirits were
protection. On the other hand, two of the granted under Article 23 of the TRIPS
modes of protection — namely sui Agreement, in the Uruguay Round of WTO
generis systems and collective or negotiations. And in the Doha Round
certification mark systems — share some many member nations desired extending
common features, such as the fact that similar level of protections to some of their
they set up rights for collective use by important goods as well. The TRIPS contains
those who comply with defined standards. two protections standards for GI and
Article 22(2) requires countries to provide a
Broadly speaking geographical indications legal means to prevent the use of GI that
are protected in different countries and suggest that the goods originate in a
regional systems through a wide variety of geographic area other than the true place
approaches and often using a of origin. And Article 23(3) requires that
combination of two or more of the countries should keep in place a legal
approaches outlined above. These means to invalidate the registration of
approaches have been developed in trademarks, which contain or consist of a
accordance with different legal traditions GI with respect to goods not originating in
and within a framework of individual the territory indicated. These provisions are
historical and economic conditions. In applicable only if the use of the GI is such
many sui generis legislations, registrations that it leads to misleading the public as to
for GI are not subject to a specific period the true place of origin of the product.
of validity 7, 35, 28, 29. This means that the Article 24 states that a GI does not have to
protection for a registered geographical be protected if it has not been protected
indication will remain valid unless the or ceases to be protected in the country of
registration is cancelled. Geographical origin or when it is generic term for a
indications registered product.
2.3 Trade mark and GI: and human skill of the area. The premium
Geographical indications (GIs) identify a price it fetches happens in a gentle
good as originating from a particular manner over a protracted period of time
place. By contrast, a trademark identifies a and by varies assessment procedures. Only
good or service as originating from a if the GI can create a positive mind frame
particular company. A trademark often on the client over the product will the GI
consists of a fanciful or arbitrary sign. In be considered to have some virtue. So
contrast, the name used as a while extending the use of GI for food
geographical indication is usually products care should be taken to ensure
predetermined by the name of a that the GI strictly complies with all these
geographical area. Finally, a trademark requirements. Extending the GI for
can be assigned or licensed to anyone, products that is yet to establish a
anywhere in the world, because it is linked reputation and consumer credibility will
to a specific company and not to a dilute the whole purpose of having market
particular place. In contrast, a GI may be dominance and may discredit the entire
used by any persons in the area of origin, exercise.
who produces the good according to
specified standards, but because of its link Like all intellectual property rights, the rights
with the place of origin, a GI cannot be to geographical indications (GI) are
assigned or licensed to someone outside enforced by the application of national
that place or not belonging to the group legislation, typically in a court of law. The
of authorized producers. right to take action could rest with a
competent authority, the public
While Trade Mark ( TM ) indicates that the prosecutor, or to any interested party,
product is affiliated with the manufacturer, whether a natural person or a legal entity,
the GI indicates to the consumer the high whether public or private. The sanctions
quality and reputation of the produce provided for in national legislation could
coming from a defined geographical be civil (injunctions restraining or
area. The GI can be used by all producers prohibiting unlawful acts, actions for
in the area along with their TM. But as a damages, etc.), criminal, or administrative.
rule, TM that contains a GI cannot be
protected, if the use of the TM misleads the 2.4 Superiority of GI:
public about the true origin of the product. It is important to be able to distinguish
The development of GI is a time- tested between brand names containing a
process and to carve an aurora about the geographical term and a geographical
product it takes decades if not centuries. indication. The reason why there is an
GI creates a positive impression of the increased rush for GI is that the GI protects
product quality, the environmental virtue the consumer and also safeguards the
interest of the producers. The GI is 2.5 Human immigrant and GI:

perceived as both origin and quality The post World War II period witnessed a
indicator because of which the consumer large scale migration and settlement of
willingly pays a premium price and that people from old world to the new world
leads to the growth of the regional countries. These migrants carried with them
economy. This is evident by the fact that their ethnic craft and plants to their new
the European Union alone has granted so found lands. They even named in the new
far more than, 5,000 different GIs. territory provinces, cities, streets, rivers and
mountain after the ones in their ‗original
The GIs of goods Act 1999, is intrinsically homeland‘. With several subsequent minor
integrated with the Section 3 of the Trade modifications of many foodstuffs and farm
Marks Act, 1999 (see Section2 (2) of the GI products were marketed in the GI that of
Act 1999. The rational of protecting the GI their ‗original homeland‘. This situation
is similar to that of the Intellectual Property creates enormous confusion in the market
production. The TRIPS agreement says ‗to place between original and new
be eligible for a GI, good must possess a settlement products. There is a running
quality, reputation or other characteristics global debate on this confusion of GI, and
attributable to its geographic origin. with emotions being high; the issue has
However, there are fundamental become very complicated.
differences between Trade Mark (TM) and
GI. TM identifies a manufacturer, implies 2.6 Dangers of too generic GI:
certain amount of human creativity and is A zone is an area of land without any
usable only by one agency or entity. On particular qualifying attribute but agro-
the contrary, the GI is complex in definition climatic zone is decided based on similarity
and perception. It denotes the source of on soil, climate, weather and other
origin, where product quality or specialty edaphic factors. Region is a single tract of
that the consumer prefers is governed by land comprising independently owned
the specific physical or biological farmlands, e.g. North West India. A region is
environment. There is no originality or said to be discrete between adjoining
invention or discovery involved and the GI regions with measurable homogeneity. The
may depend on Traditional Knowledge sub-region ensures a substantial level of
(TK) for that product development or on homogeneity in the attributes of the
the talent of the craftsman. Also, the GI produce covered under GI. Therefore,
can be used by all those who produce there is likely to be minor variation in the
that product in that given area and are product, if the GI area is larger. For
not restrictive. example, Basmati rice if granted GI may
cover the rice- growing tracts of North
West India and Pakistan while there are
minor but acceptable levels of variations Understanding the generic GI, cases for
between Basmati from Amritsar, ‗Basmati‘ and the definitions given in the
Karnal/Kurukshetra and Dehradun for the ‗Export of Basmati Rice (Quality Control
reason that this rice-growing zone is quite and Inspection) Rules 2003‘ are important.
larger and enjoys some variation in Adding several other new varieties
climate. The current Basmati definition meeting Basmati Export Standard under
accommodates certain defined number of the Basmati banner would lead to the
varieties and if the scope of the definition is Basmati GI becoming generic. These new
further enlarged for the purpose of varieties of very high grain quality, with
clubbing several of the new rice high productivity per hectare can be given
genotypes that may have Basmati like or another brand name and brand equity
better grain, then such an action may can be promoted. Trade concerns,
even defeat the very purpose of seeking consumer trust and maintenance of
market dominance for this product through product quality are the essence of GI and
GI. Basmati still remains a disputed product that would be eroded if the brand Basmati
and has not been given GI due to conflicts becomes a generic term. Since cultivation
from within and outside the country. of Basmati involves the livelihood security
of millions of farmers, rocking the term
A name that has become generic means ―Basmati‖ periodically, with conflicting
the name of an agricultural product or objectives is not desirable. Moreover, a
foodstuff which, although relates to the generic definition of GI for basmati and
place or the region where this product was ‗Claw Back‘ (CB) option of the European
originally produced or marketed, has Community, are to be kept in mind.
become the common name of an The GI used to describe an agricultural
agricultural product or a foodstuff. To product or foodstuff should cover:
decide if a given GI has become generic,  Originating in specific region, place or
the following factors can be considered: country, and
 Assess the prevailing situation in the  Possess a specific quality reputation or
member state in which the GI name other characteristics attributable to that
originates and the area of consumption of geographical origin and the production
the produce. and/or processing of which is done in the
 The situation in other member states on the defined geographical area.
above parameter is examined.  Any established/traditionally valued direct
 The relevant national or community laws link must exist between the quality or
should have adequate provisions to characteristics of the product and its
govern reputation. specific geographic origin.

Very often the GI material are named and ‗Appellation of Origin‘ (AO) means that a
misspelled (to fake it) in a manner that product originates in a specific
consumers are misled. Homonymous geographical region and the
indications are those that are spelled and characteristic qualities of the product are
pronounced alike but mean different as due to the geographical environment,
the geographical origin of these products including natural and human factors. Most
or originate from different countries. of the agricultural produce falls under AO.
Conflicts invariably arise when products of The Lisbon Agreement defines the AO as
homonymous GI are used and sold in the the geographical name of a country,
same market. The problem becomes region or locality that serves to designate
acute if the homonymous GI products are the product originating therein, the quality
identical in nature. Honesty is business not and characteristic, which are exclusively or
being a virtue; clandestine branding of GI essentially due to the geographical
is a stark violation of trade rules and environment, including natural and human
procedures and now is legally punishable. factors. ‗Indication of source‘ means that
a product originates in a specific
The European Community has taken steps
geographical region. The ‗Indication of
to ‗Claw- Back‘ (CB) certain GI originating
Source‘ is clarified as ‗all goods bearing a
in the European Community such as the
false or deceptive indication by which one
Trade Mark PARMA that was registered in
of the country or place of origin shall be
country of origin as Mexico. The Claw Back
seized on importation into any of the said
of the GI means confiscating trademarks
countries‘. The Lisbon Agreement is
without any compensation and without
considered to be narrow in its scope on
representation from the trademark owner
AO than the GI now discussed under TRIPS.
during the negotiations. The GI protection
It is primarily because the AO is not based
therefore calls for multilateral system for the
on the reputation of a product, which also
notification and registration of GIs and the
means that the TK is not a requirement for
issue of ‗Clawing Back‘ of country
getting AO accredited.
approved GIs on the basis of generic terms
or trade needs though discussion. A sound
An indication of source can be defined as
international binding on GI matters is
an indication referring to a country (or to a
required to ensure that trademark owners
place in that country) as being the country
and users of prior generic terms enforce
or place of origin of a product. In contrast
their legal positions properly.
to a geographical indication, an indication
of source does not imply the presence of
2.7 Appellation of origin / Indication of
Source: any special quality, reputation, or
characteristic of the product essentially
attributable to its place of origin.
Indications of source only require that the indication (GI) may embody characteristic
product on which the indication of source elements of the traditional artistic heritage
is used originate in a certain geographical developed in a given region, known as
area. Examples of indications of source are ―traditional cultural expressions‖ (TCEs). This
the mention, on a product, of the name of is particularly true for tangible products
a country, or indications such as ―made in such as handicrafts, made using natural
….‖, ―product of ….‖, etc.. resources and having qualities derived
from their geographical origin. GIs do not
Appellations of origin are a special kind of directly protect the subject matter
geographical indication (GI). GIs and generally associated with TK or TCEs, which
appellations of origin require a qualitative remains in the public domain under
link between the product to which they conventional IP systems. However, GIs may
refer and its place of origin. Both inform be used to contribute indirectly to their
consumers about a product‘s protection, for instance, by preserving
geographical origin and a quality or them for future generations. This can be
characteristic of the product linked to its done, for example, through the description
place of origin. The basic difference between the of the production standards for a GI
two concepts is that the link with the place of origin product, which may include a description
must be stronger in the case of an appellation of origin. of a traditional process or traditional
The quality or characteristics of a product protected as knowledge.
an appellation of origin must
result exclusively or essentially from its geographical
In the context of geographical indications,
origin. This generally means that the raw
generic terms are names, which, although
materials should be sourced in the place of
they denote the place from where a
origin and that the processing of the
product originates, have become the term
product should also take place there. In
customary for such a product. An example
the case of GIs, a single criterion
of a GI that has become a generic term is
attributable to geographical origin is
Camembert for cheese. This name can
sufficient – be it a quality or other
now be used to designate any
characteristic of the product – or even just
camembert-type cheese.
its reputation.
The transformation of a geographical
Products identified by a geographical
indication into a generic term may occur
indication are often the result
in different countries and at different times.
of knowledge carried forward by a
This may lead to situations where a specific
community in a particular region from
indication is considered to constitute a
generation to generation. Similarly, some
geographical indication in some countries,
products identified by a geographical
whereas the same indication may be
regarded as a generic term in other quality or other characteristic of the

countries. product, or only its reputation. A request of
protection for a geographical indication
Protection may be requested by a group may be filed, depending on the
of producers of the product identified by applicable law, without assistance from an
the geographical indication. The IP lawyer or specialized agent. However, in
producers may be organized as an entity, many countries an applicant whose
such as a cooperative or association, residence or principal place of business is
which represents them and ensures that outside the country where the protection is
the product fulfils certain requirements, sought must be represented by a lawyer or
which they have agreed upon or adhered agent admitted to practice in that
to it. In some jurisdictions, protection may country. Information on the admitted
also be requested by a national lawyers and agents may be obtained
competent authority (for example, a local directly from the national IP offices.
government authority). Protection for a A directory of IP offices is available on the
geographical indication (GI) is granted by WIPO website.
a national (regional) competent authority
upon request. In some countries the As the costs for filing for protection vary
function of granting GI protection is carried from country to country, it is best to
out by a special body responsible for GI contact your national (regional) IP office
protection. In other countries, the national for details on the fee structure. If protection
intellectual property (IP) office carries out abroad is sought, in addition to the
this function. A directory is available on the ordinary filing fees, you should take into
WIPO website account the translation costs and the costs
of using a local agent. It is worth
A sign must qualify as a geographical remembering that in order to protect a GI
indication under the applicable law and abroad, there may be a requirement to
not be subject to any obstacles to protect first the GI in the country of origin.
registering a geographical indication (GI).
Generally, an important requirement under
the definition, is that the good identified by The following are generally excluded from
the GI needs to have a link to the geographical indication protection:
geographical origin. This link may be
determined by a given quality, reputation  Signs that do not qualify as
or other characteristic essentially due to geographical indications under the
the geographical origin. In many legislation applicable law. From a legal point of
a single criterion attributable to view, potential obstacles to
geographical origin is sufficient, be it a successfully registering a
geographical indication (GI) may

include the following: One can use the WIPO Lex search engine
 Conflict with a prior mark. to browse the intellectual property (IP) laws
 Generic character of the term that of WIPO, WTO, and UN members. Just
constitutes the GI. select the country (ies) you are interested
 The existence of a homonymous GI, in and choose ―geographical indications‖
which would mislead as to the as a subject matter filter. In addition,
product‘s true origin. information on geographical indications
 The indication‘s name being that of may be provided by national or regional IP
a plant variety or animal breed. offices. A directory is available on the
 The lack of protection of the GI in its WIPO website.
country of origin.
Consumers are paying more and more
If the GI protection s limited to the national attention to the geographical origin of
level, then your first port-of-call should be products and many people care about
your relevant intellectual property (IP) specific characteristics present in the
office or the national (regional) competent products they buy. In some cases, the
authority in charge of GIs. A directory of IP ―place of origin‖ suggests to consumers
offices is available on the WIPO website. If, that the product will have a particular
however, you are considering protection in quality or characteristic that they may
more than one territory, then WIPO‘s Lisbon value. Geographical indications (GI)
System could be one appropriate therefore function as product
alternative, amongst others. See the differentiators on the market, by enabling
question ―Can I obtain geographical consumers to distinguish between products
indication protection that is valid in with geographical origin-based
multiple countries?‖ for more information characteristics and others without those
and to learn about other alternatives. characteristics. Geographical indications
There is no comprehensive way to search can thus be a key element in developing
all geographical indications registered collective brands for quality-bound-to-
throughout the world. One can contact origin products. Consult the WIPO Lex
the relevant national intellectual property database to browse relevant national
office, which may or may not offer a legislation.
searchable database of GIs registered in
their territory. A directory of IP offices is Protecting a geographical indication (GI)
available on the WIPO website. In enables those who have the right to use
addition, one can consult WIPO‘s Lisbon the indication to take measures against
Express database to search GIs registered others who use it without permission and
under the Lisbon System. benefit from its reputation (―free-riders‖). A
geographical indication‘s reputation is a n%status.pdf) provides certain rights to

valuable, collective, and intangible asset. farmers, such as to save, use, sow, re-sow,
If not protected, it could be used without exchange, share or sell his farm produce
restriction and its value diminished and including that of the registered variety.
eventually lost 3, 4, 8, 25, 32, 35. Protecting Farmers cannot multiply the seeds of the
a GI is also a way to prevent registration of notified variety on their own or market
the indication as a trademark by a third seeds of registered variety as branded
party and to limit the risk of the indication seed with packing, label, etc. and such
becoming a generic term. In general, GIs, violation may invite infringement action.
backed up by solid business management, The Act recognized farmers as plant
can bring with them 35,11, 25: breeders and therefore has extended the
 Competitive advantage benefit of entitlement for developing
 More added value to a product commercial varieties though unaided calls
 Increased export opportunities for advanced scientific knowledge, access
 A strengthened brand to diverse germplasm and meticulous
experimentation to access the commercial
Homonymous geographical indications potential of the material. Farmers who do
(GI) are those that are spelled or develop new varieties of plants like any
pronounced alike, but which identify other plant breeder can apply their
products originating in different places, material for the conduct of Distinctness,
usually in different countries. In principle, Uniformity and Stability (DUS) testing and
these indications should coexist, but such registration. This de-centralization of variety
coexistence may be subject to certain development is one benefit that would
conditions. For example, it may be spin-off from the PPV& FRA.
required that they be used only together
with additional information as to the origin The PPV&FRA 2001 provides breeders
of the product in order to prevent certain ownership claim of their varieties
consumers from being misled. A GI may be subject to meeting in the case of Novelty
refused protection if, due to the existence in the case of new variety; and
of another homonymous indication, its use Distinctness, Uniformity and Stability. In
would be considered potentially many cases uniformity invariable provides
misleading to consumers with regard to the a window for the assessment of stability. In
product‘s true origin. open pollinated crops the uniformity
depends on the nature of the inbred line.
2.8 Relationship between farmer’s varieties That apart, it also depends on the plant
(FV) and GI:- breeding methodology followed (top
The PPV&FR Act 2001 cross, two ways cross, etc.). If genetic male
(www.plantauthority.gov.in/pdf/applicatio sterile systems (GMS) are used in hybrid
development then the level of uniformity plant material and market advantage to
may pose a limitation. The private seed the quality produce through GI.
companies tend to focus their attention on
the endowed areas where farming is 1. THE TRACEABILITY ISSUE
efficient, diverse and productivity levels The traceability of the raw material that
are high. Crops grown under marginal, yields the GI produce is important and the
suppressive soils or under arid conditions detail of the growers and their track record
may not get the same type of attention details are a matter of detailed
from private breeders. However, gradually, documentation. The GIs are essentially
over an extended period of time the collective marks and are put to use for the
benefit reaches out to all farmers. collective benefit of the producers in the
GI region. Genotype apart, the cultivation
In the last hundreds years there has been a practices and seasonality of various
drive for improved agriculture and that has consignments should be within the area
replaced farmer‘s variety in several crops range and the quality of the produce must
with new varieties developed by the plant remain comparable if GI is to be sustained
breeders. Yet farmer‘s variety is still as a trade advantage. This calls for proper
dominant in pulses, vegetables, melons, survey of the growing area, identifying the
etc. The GI for agricultural goods like farms, documenting their cultivation
Basmati rice, coffee, tea, wine, etc. details, giving them their unique number,
revolve around consumer preferences for which can be traced, indicating it in the
the palate feeling, aroma and physical container of the graded and packed
appearance that enhances the appetite. produce, etc. The cost involved in this
An ideal mixture of all these attributes exercise is to be met by the growers
raises the value of the product due to themselves or their organizations. This
reasons of consumer preference. India has added expenditure should match the
a GI Act in place and a number of market benefit that farmers will get out of
agricultural and handicraft products have this exercise. The consumer will bear the
been given the GI. India should examine burden of cost in many of these cases and
the GI for its agricultural produce like he should see that the value provided to
Basmati rice, Alphonso mango, etc., his food source see that the value
seriously to give it a comprehensive provided to his food source traceability
protection of the plant material as FV and its dependability is acceptable to him.
under the PPV & FR Act 2001 and at the Very often these requirements are imposed
same time give GI protection for produce on the produce originating from a
such as rice, mango fruit and fruit products, developing country by the West, insisting
etc. Such a double coverage will enable on it as part of the quality assurance drive.
intellectual property protection of the However, the hidden agenda could be to
use this as a non-tariff barrier to discourage www.ipindia.nic.in. While applying one has
imports. To comply with the traceability to select a particular class (Table 1) to
demand, developing countries have to which the intended product belongs.
invest in a high technology and thus would
incur an overhead expenditure to sustain 4.2 Geographical Indications Application:
their agriculture exports. Therefore, it can The application can be completed online
also lead to multinationals coming in a big but must be printed for signature and
way with capital and technology and they submission. The following information is
may do the export of India farm produce. required:
a) Name of applicant
2. PROCESS OF REGISTERFOR FOR GI b) Address
4.1 Organizational structure: c) Type of goods
Under the Department of Industrial Policy d) Specifications
and Promotion of the Ministry of e) Name of the GI
Commerce and Industry, the office of the f) Description of goods
Controller General of Patents, Designs and g) Geographical area of production
Trade Marks (CGPDTM) function. It main h) Proof of origin
office is located in Mumbai. The head i) Method of production
office of the Patent Office is located in j) Uniqueness
Kolkata and its branch offices are located k) Inspection body
in Chennai, New Delhi and Mumbai. The
Trade Marks registry is located at Mumbai After completion the application should be
with branches at Kolkata, Ahmadabad, submitted to:
Chennai, Kolkata and New Delhi. The Geographical Indications Registry
Design office is located at Kolkata. The Intellectual Property Office Building
offices of the Patent Information System Industrial Estate, G.S.T Road
and National Institute of Intellectual Guindy, Chennai – 600 032
Property Management are located at Ph: 044 – 22502091-93 & 98
Nagpur. In order to protect the Fx : 044 – 22502090
Geographical Indications (Registration and E-mail: [email protected]
Protection) ACT 1999, a Geographical Website : ipindia.gov.in
Indications Registry has been established in
Chennai under the CPDTM. The Steps and process that follows the
Intellectual Property of Office of India, application is outlined in Fig. 1. The validity
based at Chennai handles all the matters of GI Registration is for period of 10 years,
related to GI application and operations. which can be revalidated following the
Detailed information on it could be same process. Any infringement and
downloaded from the website: unlawful use of GI is punishable under law.
In U. P. still only few individuals / Naugarh township of Siddharth Nagar

organizations have come forward. Out of district only. The villages also were not
63 GI in agriculture registered, only 3 contiguous. This would have been a
namely, Allahabadi Surkha guava, Mango disaster for Kalanamak rice (Figs. 3, 4),
Malihabadi Dussehari and Kalanamak rice disaster for the community and would
are registered under GI during 2014 17. This have triggered civic strife. However, all was
is unacceptable situation and due efforts avoided by the timely intervention of PRDF
must be government agencies, NGOs and Gorakhpur. GI was granted to Kalanamak
individuals. rice on 8th September 2013 and published
in the 2013-2014 issue of GI News. Now GI
5 STORY OF GEOGRAPHICAL INDICATION FOR for Kalanamak covers Agroclimatic Zone 6
KALANAMAK RICE (Fig. 2) of U. P. covering 11 districts namely
Kalanamak is the famous, prestigious and Bahraich, Balrampur, Basti, Gonda,
heritage rice of eastern Uttar Pradesh. An Gorakhpur, Deoria, Kushinagar,
improved variety of named Kalanamak Mahrajganj, Sant Kabir Nagar, Siddharth
KN3 was already released and notified Nagar, and Sravasti, located between
(Notification of govt of India No. 3 # Nepal border in the north to Ghaghra river
SO2137 (E) dated 31.08.2013). Kalanamak in the south, Bahraich in the west to Deoria
was also protected under PPV & FRA in the east.
(www.plantauthority.gov.in/pdf/applicatio
n%status.pdf 1117=REG/2009/138) by With general awareness increasing, there is
Participatory Rural Development increasing trend in GI registration (Table 1).
Foundation (PRDF) Gorakhpur. NGO Details of GI registration issued for
based in Siddharth Nagar applied to get agricultural and horticultural products are
GI on Kalanamak. The application was given in Table 2.
―advertised‖ on the Website
(www.ipindia.nic.in ) following the 6. GI REGISTRATION IN INDIA
procedure that within 3 months any one India has been slow to start and still going
could protest or advice on the contrary. slow towards GI registration (Tables 2, 3).
Participatory Rural Development During 2003 till 2015 only 75 GI registrations
Foundation (PRDF) based in Gorakhpur have been done for agricultural goods
cooperated and pointed out several flaws (Table 2) in India although this country is
in the proposal. Description of the centre of origin of so many plant and
Kalanamak variety was incorrect and animal species. Rich biological diversity
morpho-agronomic characters were totally abounds India. In addition, there is record
wrong. The other major flaw was the of more than 10,000 years of agriculture in
indicated area for GI, it was merely 5 India. Still very few GIs have been done.
villages chosen haphazardly from around Out of 36 States and Union Territories in
India only `11 have opened their account has been registered from Karnataka
for GI registration (Tables, 3, 4, 5). The trend followed by Maharashtra (Table 4). None
has been slow (Table 3) like slow food 27 still of the 7 Union Territories have opened their
and there appears no reason other than account even. Limited awareness has
general lack of awareness about GI even been generated by the concerned
among academicians and institutions 13, 14, government agencies 3, 4. Although GI has
20, 24. Individuals do not see immediate not only economic15 and social benefits
economic gain though it will pay to 8,18, yet also protects the national wealth
county, community and individuals in the from being unduly exploited by others. It
long run 3, 4, 10. Some applications are also protects the traditional knowledge,
pending, as the process of facilitation has traditional knowledge and germplasm 22, 23,
also been slow. Still there is no reason why 25, 26 of unique quality. Thus GI is valuable 30
so few applications are filed annually. 31 and imperative for any individual,
Among states, maximum number of 17 GI community and country.
Table 1. Classification of goods– Name of the product in each class.
(Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts
constitute articles included in other classes).
Class Products / Goods
Class 1 Chemical used in industry, science, photography, agriculture, horticulture and forestry;
unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions;
tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning
substances; adhesive used in industry
Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood;
colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators;
printers and artists
Class 3 Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and
abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices
Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions;
fuels(including motor spirit) and illuminants; candles, wicks
Class 5 Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical
use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax;
disinfectants; preparation for destroying vermin; fungicides, herbicides
Class 6 Common metals and their alloys; metal building materials; transportable buildings of metal;
materials of metal for railway tracks; non-electric cables and wires of common metal;

ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common
metal not included in other classes; ores
Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling
and transmission components (except for land vehicles); agricultural implements other than
hand-operated; incubators for eggs
Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9 Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing,

measuring, signaling, checking (supervision), life saving and teaching apparatus and instruments;
apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers,
recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash
registers, calculating machines, data processing equipment and computers; fire extinguishing
apparatus
Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and
teeth; orthopedic articles; suture materials
Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water
supply and sanitary purposes
Class 12 Vehicles; apparatus for locomotion by land, air or water
Class 13 Firearms; ammunition and projectiles; explosives; fire works
Class 14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in
other classes; jewellery, precious stones; homological and other chronometric instruments
Class 15 Musical instruments
Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed
matter; bookbinding material; photographs; stationery; adhesives for stationery or household
purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture);
instructional and teaching material (except apparatus); plastic materials for packaging (not
included in other classes); playing cards; printers' type; printing blocks
Class 17 Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not
included in other classes; plastics in extruded form for use in manufacture; packing,
stopping and insulating materials; flexible pipes, not of metal
Class 18 Leather and imitations of leather, and goods made of these materials and not included in other
classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks;
whips, harness and saddlery
Class 19 Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and
bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20 Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane,
wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and
substitutes for all these materials, or of plastics
Class 21 Household or kitchen utensils and containers(not of precious metal or coated therewith); combs
and sponges; brushes(except paints brushes); brush making materials; articles for cleaning
purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware,
porcelain and earthenware not included in other classes
Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes)
padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials
Class 23 Yarns and threads, for textile use
Class 24 Textiles and textile goods, not included in other classes; bed and table covers.
Class 25 Clothing, footwear, headgear
Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial
flowers
Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall
hangings (non-textile)
Class 28 Games and playthings, gymnastic and sporting articles not included in other classes; decorations
for Christmas trees
Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables;
jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from
cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard;
vinegar, sauces, (condiments); spices; ice
Class 31 Agricultural, horticultural and forestry products and grains not included in other classes; live
animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals,
malt
Class 32 Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices;
syrups and other preparations for making beverages
Class 33 Alcoholic beverages(except beers)
Class 34 Tobacco, smokers’ articles, matches

Table 2. Geographical Indications registered for various agricultural and horticultural

commodities in India during 2004 to 2015 products (source: GI Journal No. 1 to 99 of years
2004 – 2017)
S.N. Application No. Registered Name Crop / Product State

Period: April 2004 – March 2005
1 1&2 Darjeeling Tea (word & logo) Tea West Bengal
2 25 Kangra Tea Tea Himachal
Pradesh
3 33 Coorg Orange Orange Karnataka
4 34 Mysore Betel leaf Betel leaf Karnataka
5 35 Nanjanagud banana Banana Karnataka
6 69 Mysore Jasmine Flower Karnataka
7 70 Udupi Jasmine Flower Karnataka
8 71 Hadagali Jasmine Flower Karnataka
9 17 Navara rice Rice Kerala
10 36 Palakkadan Matta rice Rice Kerala
11 49 & 56 Malabar Pepper Black Pepper Kerala
12 50 Allahabad Surkha Guava Uttar Pradesh
13 85 Monsooned Malabar Arabica Coffee Coffee Karnataka
14 114 Monsooned Malabar Robusta Coffee Coffee Karnataka
15 72 Spices - Alleppey Green Cardamom Cardamom Kerala
16 78 Coorg Green Cardamom Cardamom Karnataka
17 110 Eathomozhy Tall Coconut Coconut Tamil Nadu
18 81 Pokkali rice Rice Kerala
19 111 Laxman Bhog Mango Mango West Bengal
20 112 Khirsapati (Himsagar) Mango Mango West Bengal
21 113 Fazli Mango Mango West Bengal

22 109 Naga Mircha Chillies Nagaland

23 116 & 117 Nilgiri (Orthodox) Logo Tea Tamil Nadu
24 115 & 118 Assam (Orthodox) Logo Tea Assam
25 124 Virupakshi Hill Banana Banana Tamil Nadu
26 126 Sirumalai Hill banana Banana Tamil Nadu
27 125 Mango Malihabadi Dusseheri Mango Uttar Pradesh
28 130 & 141 Vazhakulam Pineapple Pineapple Kerala
29 131 Devanahalli Pomello Citrus Karnataka
30 132 Appemidi Mango Mango Karnataka
31 133 Kamalapur Red Banana Mango Karnataka
32 143 Guntur Sannam Chili Chillies Andhra Pradesh
33 154 Mahabaleshwar Strawberry Strawberry Maharashtra
34 163 Central Travancore Jaggery Jaggery sugar Kerala
35 186 Wayanad Jeerakasala Rice Rice Kerala
36 187 Wayanad Gandhakasala Rice Rice Kerala
37 165 Nashik Grapes Grape Maharashtra
38 129 Byadgi Chilli Chillies Karnataka
39 185 Gir Kesar Mango Mango Gujarat
40 192 Bhalia Wheat Wheat Gujarat
41 199 Udupi Mattu Gulla Brinjal Brinjal Karnataka
42 228 Ganjam Kewda Rooh Kewda Flower Odisha
43 229 Ganjam Kewda Flower Kewda Flower Odisha
44 238 Madurai Malli Jasmine Flower Tamil Nadu
45 211 Bangalore Blue Grapes Grape Karnataka
46 205 Kalanamak Rice Rice Uttar Pradesh
47 242 Kaipad Rice Rice Kerala

48 240 Kolhapur Jaggery Jaggery sugar Maharashtra

49 285 Nagpur Orange Orange Maharashtra
50 212 Bangalore Rose Onion Onion Karnataka
51 374 Naga Tree Tomato Tomato Nagaland
52 375 Arunachal Orange Orange Arunachal
53 376 Sikkim Large Cardamom Cardamom Sikkim
54 377 Mizo Chilli Chilli Mizoram
55 435 Assam Karbi Anglong Ginger Ginger Assam
56 436 Tripura Queen Pineapple Pineapple Tripura
57 479 Chengalikodan Nendran Banana Banana Kerala
58 438 Tezpur Litchi Litchi Assam
59 465 Khasi Mandarin Mandarin Meghalaya
60 466 Kachai Lemon Lemon Manipur
61 437 Memong Narang Orange Meghalaya
62 470 Ajara Ghansal Rice Rice Maharashtra
63 472 Mangalwedha Jowar Jowar Maharashtra
64 474 Sindhudurg & Ratnagiri Kokum Kokum berry Maharashtra
65 476 Waghya Ghevada Cucurbit Maharashtra
66 477 Navapur Tur Dal Pigeon pea Maharashtra
67 489 Vengurla Cashew Cashew Maharashtra
68 491 Lasalgaon Onion Onion Maharashtra
69 145 Basmati Rice Punjab, Haryana,
U. K., H. P., J & K,
western U. P., Delhi
76 490 Sangli Raisins Grape Maharashtra
77 494 Beed Custard Apple Custard Apple Maharashtra
78 495 Jalna Sweet Orange Orange Maharashtra
79 520 Uttarkhand Tejpat Bayleaf Uttarakhand
80 471 Waigain Turmeric Turmeric Maharashtra

81 500 Purandar Fig Fig Maharashtra

82 501 Jalgaon Brinjal Brinjal Maharashtra
83 502 Solapur Pomegranate Pomegranate Maharashtra
84 473 Bhiwapur Chilli Chillies Maharashtra
85 478 Ambemohar Rice Rice Maharashtra
86 493 Dahanu Gholvad Chikoo Chikoo Maharashtra
87 498 Jalgaon Banana Banana Maharashtra
88 499 Marathwada Kesar Mango Mango Maharashtra
89 439 Joha Rice of Assam Rice Assam
Period: April 2017 – Todate 17
90 241 Banaganapalle Mangoes Mango Andhra Pradesh
Table 3. Trend in number of registration issued for Geographical Indication in a decade (2004
– 2017) for agricultural and horticultural crops in India (Source: www.ipindia.nic.in ).
S. N. Period Number of S. N. Period Number of

Registration Registration
1 April 2004 - March 2005 1 8 April 2011 - March 2012 5
4 April 2007 - March 2008 5 11 April 2014 – March 2015 11
7 April 2010 - March 2011 7 14 April 2017 - Todate 2017 1
Total 90
Table 4. State-wise distribution of GI done in India during 2003 to 2017.
S. N. Name of the State No. of GI done S.N. Name of the State No. of GI done
1 Andhra Pradesh 2 13 Meghalaya 2
2 Arunachal Pradesh 1 14 Mizoram 1
3 Assam 4 15 Nagaland 2

4 Delhi 1 16 Punjab 1
5 Gujarat 2 17 Odisha 2
6 Haryana 1 18 Sikkim 1
7 Himachal Pradesh 2 19 Tamil Nadu 5
8 Jammu & Kashmir 1 20 Tripura 1
9 Karnataka 16 21 Uttar Pradesh 4
10 Kerala 11 22 Uttarakhand 2
11 Maharashtra 23 23 West Bengal 4
12 Manipur 1
Total 90
Fig. 1 Steps and processes involved in the Registration for Geographic Indications

Fig. 2 Geographical Indications area of Kalanamak rice covering Agroclimatic Zone 6 of U.

P. (Map submitted for GI registration)

Fig. 3 Kalanamak (improved) rice crop grown in the GI area of U. P., India
Fig. 4 Grain (paddy) and milled rice of Kalanamak rice

GEOGRAPHICAL INDICATIONS FOR such examples of GI multi-country

DEVELOPING COUNTRIES
registered products from developing
GI is a powerful tool to protect the countries.
ownership right on the natural resources,
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GEOGRAPHICAL INDICATIONS IN INDIAN AGRICULTURE ON THE ANVIL

Article · January 2017

Ram Chet Chaudhary Sujit Kumar Yadav

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GEOGRAPHICAL INDICATIONS IN INDIAN AGRICULTURE ON THE ANVIL

R. C. Chaudhary1, Sujit Kumar Yadav2, Sunil Kumar1

No: of Tables: 4 No: of Figures: 4 No: of References: 36

2017 September Edition |www.jbino.com | Innovative Association

GEOGRAPHICAL INDICATION IN tagged product in 2004 in India. After that

interest of the producers. The GI is 2.5 Human immigrant and GI:

2017 September Edition |www.jbino.com | Innovative Association

regarded as a generic term in other quality or other characteristic of the

geographical indication (GI) may

geographical indication‘s reputation is a n%status.pdf) provides certain rights to

In U. P. still only few individuals / Naugarh township of Siddharth Nagar

Table 1. Classification of goods– Name of the product in each class.

Class Products / Goods

2017 September Edition |www.jbino.com | Innovative Association

Class 9 Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing,

Class 12 Vehicles; apparatus for locomotion by land, air or water

Class 13 Firearms; ammunition and projectiles; explosives; fire works

Class 15 Musical instruments

Class 23 Yarns and threads, for textile use

Class 25 Clothing, footwear, headgear

Class 33 Alcoholic beverages(except beers)

Class 34 Tobacco, smokers’ articles, matches

2017 September Edition |www.jbino.com | Innovative Association

Table 2. Geographical Indications registered for various agricultural and horticultural

S.N. Application No. Registered Name Crop / Product State

2017 September Edition |www.jbino.com | Innovative Association

22 109 Naga Mircha Chillies Nagaland

2017 September Edition |www.jbino.com | Innovative Association

48 240 Kolhapur Jaggery Jaggery sugar Maharashtra

2017 September Edition |www.jbino.com | Innovative Association

81 500 Purandar Fig Fig Maharashtra

S. N. Period Number of S. N. Period Number of

Table 4. State-wise distribution of GI done in India during 2003 to 2017.

2017 September Edition |www.jbino.com | Innovative Association

2017 September Edition |www.jbino.com | Innovative Association

Fig. 2 Geographical Indications area of Kalanamak rice covering Agroclimatic Zone 6 of U.

2017 September Edition |www.jbino.com | Innovative Association

Fig. 4 Grain (paddy) and milled rice of Kalanamak rice

2017 September Edition |www.jbino.com | Innovative Association

GEOGRAPHICAL INDICATIONS FOR such examples of GI multi-country

Himalayan Tea, Darjeeling Tea are many

2017 September Edition |www.jbino.com | Innovative Association

Commission on Intellectual Property Rights. GI Journal:

2017 September Edition |www.jbino.com | Innovative Association

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