PUBLISHED BY MS. HARINDER NARVAN, MS. APARNA JAIN AND MS. AASHRIKA AHUJA AS ON 18.12.2023

Geographical Indications (GIs) refers to the certifications provided for goods originating within a specific geography, representing unique traditional and cultural characteristics of that area. Being a registered GI serves as a powerful tool that not only safeguards the distinctiveness and uniqueness of products but also plays crucial role in boosting export and tourism. Geographical Indication (GI) protection is generally granted to a group of local manufacturers, producers or association of persons who belong to a particular location, where the goods first originated. This form of intellectual property protection has far-reaching implications for both producers and consumers, fostering economic growth, boosting export and preserving cultural heritage. In this blog, we will explore the significance of Geographical Indication in the context of export and tourism, unravelling the way in which it influences markets, preserves cultural identities, and acts as catalyst for economic growth. For eg: Bikaneri Bhujia, Kolhapuri Chappals, Italian Parmigiano, Mexican Tequila Mysore Silk. The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act), in Section 2(e), defines the term “geographical indication” as –

“An indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be”.

At Knowledgentia Consultants, which is best corporate international law firm in India, we provide all kinds of legal and supplemental support for registration of GI across different states.

In India, GI play an important role in preserving cultural and traditional heritage.  They stimulate demand for goods and services, exports, and, thereby promoting tourism. India has established a robust framework to register, protect, and promote GIs, recognising their paramount significance in sustaining tourism, export and thereby contributing to the nation’s prosperity.

Some Indian products that have acquired the GI tags as follow:

• Amroha Dholak: Musical instrument made of natural wood (mango, jackfruit, and teakwood).
• Mahoba Gaura Patthar Hastashlip: Craft made of unique and soft stone, scientifically known as ‘Pyro Flight Stone’.
• Mainpuri Tarkashi: Popular art form of brass wire inlay work on wood, used for making khadaous.
• Sambhal Horn Craft: Handmade craft made from raw material procured from dead animals.
• Baghpat Home Furnishings: Baghpat and Meerut have gained renown for their exceptional handloom home furnishing products, and they have been actively involved in the production of fabrics using cotton yarn for generations. The handloom weaving process exclusively utilizes cotton yarn.
• Barabanki Handloom Product: Barabanki and its neighbouring areas are home to approximately 50,000 weavers and 20,000 looms.
• Kalpi Handmade Paper: Munnalal ‘Khaddari,’ a Gandhian, introduced the craft formally in the 1940s. However, locals believe that Kalpi’s association with paper-making extends even further back in history. Today, the handmade paper-making cluster in Kalpi is a significant hub, involving over 5,000 craftsmen and approximately 200 units.

Preserving Cultural Heritage

One of the most significant role of Geographical Indication is preserving cultural heritage. Many products are deeply intertwined with the culture and tradition of specific region.  By granting GIs to these traditional items, India recognises and protects the skill and know-how that have been handed down across generations. Safeguarding traditional craftsmanship, farming practice, and local knowledge, contributing to the cultural identity of a community are few additional benefits associated with applying for GI registrations.

Promotion of Export and Tourism

GIs have a significant impact on promoting export and driving economic growth. When a product is granted GI status, it becomes distinctive representation of origin, culture and tradition of a specific area, carrying with it the unique qualities and characteristics that are linked to the geographical area. This presents an opportunity for the region along with their products to enter international market. These days, in International markets there is cutthroat competition but GI-labelled products gain a competitive edge in such a scenario. The demand for authentic and organic products is on rise not just locally but globally as well. Export industries can benefit from increased market access and premium positioning that can drive sales and open doors to new markets.

Geographical Indication not only influences the export of goods but also contribute exponentially to tourism. Tourists are drawn to the idea of exploring the origin of these goods or products, witnessing traditional production methods, and immersing themselves in the cultural fabric of a place. GIs Becomes a catalyst for cultural tourism, offering tourists a genuine connection with the places they visits and creating a memorable and enriching experience. This further boosts local industries, employment opportunities, and overall economic development.

List of GI tags 2023

Procedure for Filing G.I Application

Application Form

1. Every application for the registration of a geographical indication shall be made in the prescribed form (accompanied by the prescribed fee (Rs.5,000).
2. It shall be signed by the applicant or his agent.
3. It must be made in triplicate along with three copies of a Statement of Case accompanied by five additional representations.
4. All applications should be typed, lithographed or printed in Hindi or in English.
5. It should in large and legible characters with deep permanent ink upon strong paper, on one side only.

Signing of documents to be submitted along with Application

1. In case of
   1. An association of persons or producers shall be signed by the authorized signatory.
   2. A body corporate or any organization or any authority established by or under any law for the time being in force shall be signed by the Chief Executive, or the Managing Director or the secretary or other principal officer.

• In case of partnership it shall be signed by at least one of the partners.

2. The capacity in which an individual signs a document shall be stated below his signature.
3. Signatures shall be accompanied by the name of the signatory in English or in Hindi and in capital letters.

Particulars

1. Every application for registration of a G.I shall state the principal place of business in India.
2. A body corporate should state the full name and nationality of the Board of Directors.
3. Foreign applicants and persons having principal place of business, in their home country should furnish an address for service in India
4. In the case of a body corporate or any organization or authority established by or under any law for the time being in force, the country of incorporation or the nature of registration, if any, as the case may be shall be given.

Statement of user in applications

An application to register a geographical indication shall contain a statement of user alongwith an affidavit.

Content of Application

Every application shall be made in the prescribed forms and shall contain the following:

1. A statement as to how the geographical indication serves to designate the goods as originating from the concerned territory in respect of specific quality, reputation or other characteristics.
2. The three certified copies of class of goods to which the geographical indication relates
3. The geographical map of the territory.
4. The particulars of the appearance of the geographical indication words or figurative elements or both;
5. A statement containing such particulars of the producers of the concerned goods proposed to be initially resisted. Including a collective reference to all the producers of the goods in respect of which the application is made.
6. The statement contained in the application shall also include the following:

An affidavit as to how the applicant claim to represent the interest of the association of persons or producers or any organization or authority established under any law.

Acknowledgement of receipt of applications:

1. Every application of the registration of a geographical indication in respect of any goods shall, on receipt be acknowledged by the Registrar.
2. The acknowledgement shall be by way of return of one of the additional representations with the official number of the application duly entered thereon.

Conclusion

 There is tremendous potential for a country like India to achieve exponential growth in exports and tourism with the help of geographical indication tagged products.  Beyond its legal and economic implications, GI is a powerful tool for preserving cultural heritage, fostering rural development, and promoting sustainable practices. As the world become more interconnected, products with GI tags will assume more significance in terms of economic viability. Knowledgentia Consultants which is the best law firm in India, can help us navigate the way out of all legal complexities in an easy and a smooth manner. We are your one-stop solution for all kinds of legal, compliance and supplemental matters concerning GIs. In case of any query regarding this matter you may email us at info@knowledgentia.com or visit our website -https://knowledgentia.com/.