1. Geographical Indication: Criteria and Procedure for Registration in India
Madhumita Barooah
Associate Professor
Department of Agricultural Biotechnology
Assam Agricultural University
Jorhat-13

2. GIs – the concept
Geographical Indication (GI) signifies to the name or sign, used in reference to the products which are corresponding to the particular geographical area or somewhat related to the origin like town, region or nation. Thus GI grants the rights to its holder which acts as the certification mark and shows that the specified product consists of the some qualities and is enjoying good reputation due to its origin from the specified geographical location.

3. The Need For GI Act?
No specific law governing geographical indications of such goods, which could adequately protect the interest of producers of such goods
Compliance of TRIPS agreement
Prevent unauthorized and misuse of reputed goods
Usher Economic prosperity

4. Geographical Indication Act in India
In India the geographical indications regime is regulated by the Geographical Indications of Goods (Registration & Protection) Act, 1999 and the Geographical Indication of Goods (Regulation and Protection) Rules, 2002.

5. Section 1(3)(e) of the Indian GI Act defines GI as:
“geographical indication”, in relation to goods, means 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.

6. The Indian Geographical Indication Act
Established the Geographical Indication Registry, the statutory body, for completing the geographical indication registration.
The body prepares the Register of Geographical Indications which is prepared in two parts- Part A and Part B.
Part A consists of the important attributes of the goods along with the name of the registered owner
Part B details down the various rules which are related to the geographical indicator authorized users registration.

7. Requirements and Criteria for GI
· How the indication serves to designate the goods as a GI?
· The Class of goods
· The territory
· The particulars of appearance
· Particulars of producers with numbers
· An affidavit of how the applicant claim to represent the interest
· The standard bench mark or other characteristics of the GI;
· The particulars of special characteristics
· Textual description of the proposed boundary
· The growth attributes in relation to the G.I. pertinent to the application
· Certified copies of the map of the territory
· Special human skill involved, if any;
· Particulars of inspection structures, if any, to regulate the use of GI.

8. Who Is Entitled To Apply?
Any association of persons, producers, organization or authority established by or under the law can apply for registration of GIs. The applicant must represent the interest of the producers. Producers are persons dealing with the following three categories of goods: a. Agricultural Goods -production, processing, trading or dealing; b. Natural Goods -exploiting, trading or dealing; c. Handicrafts or Industrial goods -making, manufacturing, trading or dealing

9. Registration for Geographical Indication
The applicant can file the single application for varied classes of goods but separate fees is required to be paid for each class of goods.
Registration of foreign indications, the submitted application should detail down the address of the services which are situated in the India

10. The Application document
The application must be filed at the Office of the GI Registry located in Chennai.
The application must conform to the various requirements and criteria prescribed under the GI Rules.
The Applicant must furnish the following information/documents with the GI Registry:
i.Geographical Signification of the Indication
Ii Class of goods;
Iii Geographical Area;
IV Details of the appearance;
V Particulars of the producers;
Vi Affidavit deposing the Applicant’s right to become the Registrant;

11. Particulars for GI Application
The Details of the Applicant
Name ,Address ,List of association of persons/producers/organisation/authority ,Citizenship ,Legal status and country of incorporation
Specimen of the Geographical Indication
Six (6) printed specimen of the geographical indication, if the Mark is in Black & White;
Ten (10) printed specimen of the geographical indication, if the GI is in Color
Shape of goods or its packaging, the reproduction -three different views of the geographical indication and a description by word of geographical indication

13. Registration of Geographical Indications
An application for the registration of a geographical indication is to be made in triplicate accompanied by five additional representations of the geographical indications, in the prescribed form, viz.,
Form GI-I: An Indian application to register a geographical indication in any one class.
Form GI-I: An application to register a geographical indication in any one class from a convention country.

14. Validity o GI
The initial registration of the geographical indication holds its validness for 10 years.
The Indian act -gracing period of 2 years for restoring back the registration of those geographical indications which have been canceled due to the failure of paying the renewal fees

15. Remedies For Geographical Indications Infringement
Civil remedies - cover the injunction damages- include the delivery of the infringed goods for the destructive purpose and forfeiting of the goods which bear upon the fake representation of the original geographical indication.
Criminal remedies - punishment to the offender minimum to 6 months which can extended maximum to 3 years with the minimum Rs.50,000 fine and maximum to Rs.2,00,000. If the same offense is repeated in the future again then the minimum sentence becomes of 1 year with minimum Rs.2,00,000 fine.

16. Distinction Between Geographical Indications and Trademark
Trademark identifies the products with the manufacturer
GI identify products with the place of production or origin.
GIs are the community rights whereas the trademark is individual right.
As regards the use, the Trademark can assigned as well as licensed, but a Geographical indication cannot be assigned, transmitted or licensed.

18. GI Benefits For Assam
GIs can be applied to many products; establish niche markets
Differentiation of products:
Increase in prices of the protected products
Allows genuine producers to capture the rents, entry barriers for “fakes”
Standardisation of processes
commercialisation and export of the product.
Instrument of Rural Development – added value to local products
Protection o traditional and indegenous knowledge

19. List of Potential GI Goods of Assam
Sl.No.
Goods and Services
Class 1.
Joha Rice 30 2
Komal Chaul 3
Bokuldhanar Chira 4
Assam Lemon 31 5
Bhut Jolokia 6
Khulasapori pitha 7
Hutuli pitha 8
Xaj-pani 9
Chunga pitha 10
Bhimkol 11
Malbhog 12
Chenichampa 13
Eri 23 14
Asomiya Pat 15
Pat-Muga 16
Char Sitalpati mats 20
Sl.No.
Goods and Services
Class 17
Nowgaon Kuhila mat 20 18
Assam Rhino 31 19
Eri 23
Asomiya Pat 21
Karbi Ginger 30 22
Gamosa 25
Mekhela-Chadar 24
Riha
Japi 26
Taka 27
Gogona 28
Asomiya gohona ? 29
Bankahi 6
Banbati
Sarai 32
Dunori

20. GI Granted to Muga Silk- The Patent Information Centre, under the aegis of Assam Science Technology and Environment Council (PIC, ASTEC)
GI status to the Orthodox Assam tea?-ASTEC/ Tea Board
In GI process for Gamosa- Ministry of Commerce and Industry (MoCI), Government of India (GoI)
Bhut Jolokia- Ministry of Commerce and Industry (MoCI), Government of India (GoI)

21. Thank you for your attention