Geographical Indications &

Protected Geographical Indications

Submitted By:
Akash Arora (14020241036)
Rohit Nair (14020241011)
Arun Menon (140202410)
Sanjeev Kumar Singh (14020241036)

GeographicIndication
A geographic indication is a sign used on
goods that have a specific geographic
origin and possesses qualities, a reputation
or characteristics that are essentially
attributable to that place of origin.
Its a source indicator of a geographic
place.
Geographic Indications is used as an
additional marketing tool for product
promotion.

WhatcanbeanIndication?
Name of a country region or locality
(Darjeeling Tea)
Any name which relates to a specific
Geographical area and is used upon or in
relation to particular goods originating
from that country region or locality
(Basmati Rice)
Goods: Agricultural, Natural, Manufactured,
Handicrafts, Industrial Products, Food
Stuffs, wine and Spirit

WTOAgreementonTradeRelated
AspectsofIntellectualProperty
Rights(TRIPS)
The TRIPS Agreement contains three distinctions in the level of
protection:
1) For geographical indications related to all products
The scope of protection is limited to the prohibition of the use
of geographical indications by producers not located in the
region designated by the particular geographical indication.
2) For wines and spirits
The additional protection for both wines and spirits includes
three elements:

The provision of the legal means for interested parties to

prevent the use of a geographical indication identifying wines
and spirits, not originating in the place indicated by the
geographical indication.

The possibility to refuse or invalidate the registration

of a trademark for wines or spirits which contains or
consists of a geographical indication identifying wines
or spirits at the request of an interested party.
The call for future negotiations aimed at increasing
protection for individual geographical indications for
wines and spirits.

3) For wines only

An extra-additional protection by the TRIPS

Agreement for wines only emphasizes the need to
accord protection for each geographical indication for
wines in the case of homonymous indications.

The establishment of a multilateral system of

notification and registration of geographical
indications for wines eligible for protection in the
jurisdictions of those WTO Members participating in
the system.

RegistrationProcess
Filling an
Application

Examination

Appeal to
IAPB

Objections

Opportunity
for Hearing

Refused

Opposition,
If any

Allowed or
Refused

Appeal to
IAPB

Acceptance
Advertised in
GI Journal

Entered in
the GI
Register
Registration
Certificate Issued

Acceptance of
GI

Particulars of regd.
authorised user
entered in part B of the

Particulars of
regd. GI
entered in
part A of the
register

AdvantagesofGI
GIs aim on providing customers with information
about product quality and characteristics,
therefore reducing transaction costs.
Furthermore, GIs are meant to protect customers
from the deceiving usage of geographical names.
GIs are mostly used for protecting the intellectual
property (IP) of a region, of its producers and of
their products. The idea is that certain localities
and their inhabitants and producers have
developed unique products, which should be
protected against misuse.
Assigns a collective form of monopoly right.
Promotes economic prosperity.

PingguPeachesChina
Annual output of over eight million metric
tons
Beautiful colours, high sugar content,
unique flavour and large size
Farmers small and disparate
Key tool in increasing farmers incomes
and accelerating agricultural
industrialization
Market value of the fruit increased greatly

Result
Price of a Pinggu peach rose to a level thirty
percent higher than others
Pinggu district exports over forty percent of
Chinas fresh peaches
Now sold in over twenty-five countries in the
EU for around five Euros each
increased the land value of the Pinggu region

RooibosSouthAfrica
Used by indigenous people notably the
Khoi and San for generations as a remedy
to a wide range of ailments
Can relieve allergic symptoms, provide an
energy boost and help heal damaged skin
Grows only in a small area in the Cedarburg
mountain range of the state of Western Cape
Farming and rooibos production was smallscale, and the popularity of the tea was
limited to the local level.

Result
Demand for rooibos has
steadily increased, and
tripled for the ten year
period between 1997 and
2007
Enjoys an average annual
growth rate of
approximately six percent
Provides jobs for thousands
Improved infrastructure in
the Cedarburg region.

EuropeanUnionschemesofgeographical
indicationsandtraditionalspecialties

The European system for protection of food names consists of three elements:
Protected Designation of Origin : covers agricultural products and
foodstuffs which are produced, processed and prepared in a given
geographical area using recognised know-how.
Ex: Orkney Lamb
Protected Geographic Indication :
covers agricultural products and foodstuffs
closely linked to the geographical area.
At least one of the stages of production,
processing or preparation takes place in the area.
Ex : Scotch Lamb
Traditional Specialities Guaranteed :
highlights traditional character, either in
the composition or means of production
Ex : Traditionally Farmed Gloucestershire
Old Spots Pork

ColumbianCoffee
Second biggest coffee producer of the world
Late 1950s - the price of Colombian coffee
plummeted from US $0.85 to 0.45 per pound
Juan Valdez a fictional character wearing a
sombrero and leading his mule Conchita
Every single kilogram of Juan Valdez coffee has
been sold, ever since its inception, at a 20
percent higher price than coffees from other
countries.
2009 : Colombia produced more than 9.6 million
60-kilogram bags of coffee

Result
Increased the
countrys coffee
exports
Created a clear, global
brand identity for
Colombian coffee
20 percent higher
price than coffees
from other countries

GIonTequilaMexico
Tequilana Weber bluevariety.
Oldest GI outside of Europe,
it is also recognized as one of the mosteconomically
successful non-European GIs.
The Agreement between Mexico and the European
Union concerning the mutual recognition and
protection of appellations of origin in the spirits
sector was signed on May 27, 1997.
Submitted on June 22, 1999
On August 16, 2001, a complete extract of an
amendment to the Declaration of Protection for
Tequila so as to include the rules for indirect use of
Tequila in other beverages was published.

PGIregisteredbyIndia
Submitted on 12.11.2007
Registered on 21.10.2011
Registered initiative by Tea Board of
India
Class 1.8. other products of Annex I
of the Treaty (spices etc.) of
European commission
TB has also registered the Darjeeling
logo under the new Geographical
Indication of Goods (Registration &
Protection) Act, 1999.
At present, EU imports nearly 3-4
million kg of Darjeeling tea, which
accounts
for
nearly
60%
of
Darjeeling's tea export.

PGIappliedbyIndia
The only other PGI applied
by India
Submitted on25.01.2008
Kangra tea is an orthodox
variety, close to Darjeeling
tea, and it has been
registered
under
the
Geographical
Indications
(GI) of Goods (Registration
and Protection) Act, 1999.

The total production of

Kangra tea is about 7-8 lakh
kg annually. Nearly 96 per

Mistakes
We are yet to realize the potential.
India needs the list to be expanded to include items like
basmati, so that its products can also get the protection
afforded to French wine.

People engaged in the production of such products are

small households or small units, although in the same
area.
No aggressive as the EU counterpart.
Lenient or no counter action
Reduced import duties for EU dairy products by India,
EU does not allow import of Indian dairy products, (strict
sanitary standards-non-tariff barrier)

India needs the list to be expanded to include items like

basmati, so that its products can also get the protection
afforded to French wine.

Challenges
1. Integrating the production chain between the
countryside and industry, thereby guaranteeing the
main component
2. Ensuring complete production.
3. Meeting the demand for the product fully (100 per
cent).
4. Modernizing the sector by means of technology.
5. Consolidating the Indian identity and origin in new
markets.

Keytochange
Awareness-raising Is Key
Government should the lead in sensitizing the
people about the various provisions of the Act.
India, which is still primarily an agricultural
country with social, cultural, ethnic, food
diversities, must have thousands of products
that would qualify for a geographical
indication.
During the past five years, the Geographical
Indications Registry has received 176
applications of which 106 have so far got
registration.

BasmatiRicePotentialOptionforPGI
Basmati v/s Texmati
US-based multinational
RiceSelect
India v/s Pakistan
Joint Global GI
Talks came to halt after
26/11 Mumbai Attack
Bangladesh also wants to
be part of it
Philippines selling their rice
as Basmati in EU and USA
84% of total basmati
imports in EU countries
by India

IndianPerspectiveOtherPotential
OptionsforPGIs

Solapur
Chaddar

Mahabaleshwar
Strawberries

Nasik Grapes

Kolhapuri
Sandals

Puneri Pagdi

Banarsi Saris

ComparativeAnalysisRegistered
PGIs
Analysis of Registered PGIs-Country Wise-Broad View
140

120

100
Registered PGIs

80

Before 2000

Registered PGIs

2000-2010
60

After 2010

40

20

UK

Spain

Portugal

Italy

Germany

Country

France

China

India

RegisteredPGIsSince2010
Registered PGIs-After 2010
30

25

20

Registered PGIs

15

10

UK

Spain

Portugal

Italy

Germany

France

China

India

Conclusion
Geographical Indications-economically
and culturally important
Create value for local communities
Becoming an useful intellectual
property right for developing countries
PGIs are the way ahead for Indian GIs
Multilateral Registration-A way out of
hassle