Introduction to Geographical Indications
"Geographical indications are…indications, which identify a good as originating in the territory…or a region or locality in a territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin." It can also be defined as a sign used on goods that have a specific geographical origin and possess qualities or a reputation that is due to that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the goods. For example, "Champagne," "Cognac," and "Tuscany" are geographical indications designating the specific geographical origin from which they originate. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil.
Under the TRIPS Agreement, countries are under no obligation to extend protection to a particular geographical indication unless that geographical indication is protected in the country of its origin. Prior to 2003, India did not protect geographical indications of Indian origin. In order to comply with India's obligations in the TRIPS Agreement, it enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999, which came into force with effect from 15th September 2003. The present geographical indications regime in India is governed by the Geographical Indications of Goods (Registration & Protection) Act, 1999 and the Geographical Indication of Goods (Regulation and Protection) Rules, 2002.
By registering a geographical indication in India, the rights holder can prevent unauthorized use of the registered geographical indication by others and promote economic prosperity of producers of goods produced in a particular region. Registration of the geographical indication in India is not mandatory as an unregistered geographical indication can also be enforced by initiating an action of passing off against the infringer. It is, however, advisable to register the geographical indication as the certificate of registration is prima facie evidence of its validity and no further proof of the same is required.

The flow chart showing the registration process for the geographical indication is as mentioned herein below

Who can apply
Any association of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods can apply for the registration of the geographical indication in the prescribed format.
What cannot be registered as a geographical indication
The following are the geographical indications that cannot be registered in India: * The use of which would be likely to deceive or cause confusion; * The use of which would be contrary to any law for the time being in force; * Which comprise or contain scandalous or obscene matter; * Which comprise or contain any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; * Which would otherwise be disentitled to protection in a court; * Which are determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their country of origin, or which have fallen into disuse in that country; or * Which although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be.

Registration Procedure

The Register of Geographical Indications is divided into two parts, part A and Part B. Part 'A' consists of particulars relating to registered geographical indications and Part 'B' consists of particulars of the registered authorized users. The various steps that the rights holder should follow for the registration of their geographical indications in India are as follows: * Conduct a clearance search
It is advisable to conduct a clearance search to ascertain if the geographical indication is available for registration in India. Should the geographical indication be available it would be advisable to register the same at the earliest. * Preparing of documents and filing of application
The rights holder can file a single application for registration of a geographical indication in different classes of goods as per the prescribed format. The application can be filed in the Office of Geographical Indications, Chennai. The application to be filed should contain a statement as to how the geographical indication serves to designate the goods as originating from the concerned territory of the country or region or locality in the country, in respect of specific quality, reputation or other characteristics of which are due exclusively or essentially to the geographical environment, with its inherent natural and human factors, and the production, processing or preparation of which takes place in such territory, region or locality. It should also include the class of goods to which the geographical indication shall apply, the geographical map of the territory of the country or region or locality in the country in which the goods originate or are being manufactured, the particulars regarding the appearance of the geographical indication (as to whether it is comprised of words or figurative elements or both) and any statement containing particulars of the producers of the concerned goods. * Examination and Publication of the Application
After the application has been filed, the examiner reviews the application and the accompanying statement of case. For purposes of examination, the Registrar of Geographical Indications ordinarily constitutes a Consultative Group of not more than seven representatives to ascertain the correction of the particulars as mentioned in the Statement of Case. Thereafter, the Registrar issues an examination report. Depending on the merits of the application and of any evidence of use, the Registrar may accept or reject the application either absolutely or subject to certain modifications. The Applicant is required to respond to the rejection or objections within two months of the receipt of the examination report failing which the application will be dismissed. After the acceptance of the application by the Registrar, either absolutely or subject to certain conditions and with or without a hearing being conducted, the application will be published. * Opposition and Registration
Any person may, within three months of the publication of the application to register a geographical indication, file an opposition. After serving the opposition documents on the Applicant and after examining the evidence and hearing the parties, the Registrar of Geographical Indications may decide whether and subject to what limitations or conditions the registration is to be permitted. * The Registrar of Geographical Indications may register the geographical indication after the application has been accepted and not opposed or if opposed the opposition has been decided in favor of the Applicant. Thereafter the Registrar will issue the Registration Certificate in the prescribed format and sealed with the seal of the Geographical Indications Registry to each of the Applicant and the authorized users. * Term of Registration
The registration of a geographical indication is for a 10-year period, and is renewable, indefinitely.Any aggrieved person can make an application to the Registrar of Geographical Indications or the Appellate Board in the prescribed manner on the ground that there has been a contravention or failure to observe the condition entered on the register, by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register and after hearing both the parties the tribunal may make such order as it thinks fit. Any person who is aggrieved by the order of the Registrar of Geographical Indications may appeal the order before the Appellate Board.

* Authorized Users
Part B of the Register of Geographical Indications contains the particulars relating to the registration of authorized users. An authorized user is any person who claims to be the producer of the goods in respect of such geographical indications as have been registered under the Act. Such person, along with the registered proprietor of the geographical indication, may apply in writing to the Registrar of Geographical Indications to register as an authorized user. This application has to be accompanied by a Statement of Case and an affidavit of how the authorized user claims to be the producer of the registered geographical indications. These documents may be accompanied by a letter of consent from the registered proprietor of the geographical indications; where such letter of consent is not furnished, a copy of the application is endorsed to the registered proprietor for information and the Registrar is intimated of due service by the proposed authorized user. The procedure followed by the Registry of Geographical Indications for examination, publication, opposition and registration of the application filed by the authorized user is the same as is followed in the case of an application for registration of the geographical indication.

CONCLUSION

The GI Act, which came into force, along with the GI Rules, with effect from 15 September 2003, has been instrumental in the extension of GI status to many goods so far. The central government has established the Geographical Indications Registry withall-India jurisdiction, at Chennai, where right-holders can register their GI. Unlike TRIPS, the GI Act does not restrict its special protection to wines and spirits alone. The central government has discretion to decide which products should be accorded higher levels of protection. This approach has deliberately been taken by the drafters of the Indian Act with the aim of providing stringent protection as guaranteed under the TRIPS Agreement to GI of Indian origin. However, other WTO members are not obligated to ensure Article 23-type protection to all Indian GI, thereby leaving room for their misappropriation in the international arena. Registration of GI is not compulsory in India. If registered, it will afford better legal protection to facilitate an action for infringement. Once a GI is registered in India, it becomes relatively easier to seek protection in other countries, particularly the member countries of WTO.