About this topic
The law of geographical indications (GI) is the branch of intellectual property that protects names which tell the buyer where a product comes from. Three short disputes show the kind of questions it answers. They are solved at the end of these notes.
Dispute 1 (the mango seller): A fruit seller in Bengaluru grows mangoes on a farm outside the city and puts up a board that reads "Genuine Alphonso from Ratnagiri". Is the seller doing anything wrong?
Dispute 2 (the orange growers): An association of orange growers that holds the registration for Nagpur Orange is offered a large sum by a juice company that wants to buy the name outright. Can the growers sell?
Dispute 3 (the footwear company): A footwear company in Chennai applies to register the word Kolhapuri as its own trademark for sandals made in its Chennai factory. Will the company get its trademark?
Who against where
Every product on a shop shelf can tell two different things about its origin:
- Who made it: this question is answered by a trademark.
- Where it comes from: this question is answered by a geographical indication.
A trademark tells you who made a product. A geographical indication tells you where it truly comes from. This single difference, who against where, explains almost every rule of GI law: who owns a GI, why it cannot be sold, and why a place name cannot become one company's trademark.
Meaning of geographical indication
International definition: Article 22(1) of TRIPS
The international definition is in paragraph 1 of Article 22 of the TRIPS Agreement:
"Geographical indications are, for the purposes of this Agreement, indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin."
A "Member" here means a member of the World Trade Organisation (WTO).
The three Ls
The definition can be remembered as three Ls:
- Label: the name or sign that the buyer sees.
- Land: the place, which may be a country, a region or even a small locality.
- Link: the heart of the idea. The quality, the reputation or some other characteristic of the product must be essentially attributable to that land.
Without the link, a place name on a packet is only an address.
Note the word "or" in the definition: quality, reputation or other characteristic. Any one of them is enough, so a strong reputation alone can be enough to make a name a geographical indication.
The Geographical Indications of Goods (Registration and Protection) Act, 1999
India met its TRIPS obligation through the Geographical Indications of Goods (Registration and Protection) Act, 1999.
- A sui generis law: sui generis is a Latin phrase meaning "of its own kind". Geographical indications have a statute of their own instead of being squeezed into trademark law.
- Commencement: the Act, along with the Rules framed in 2002, came into force on 15 September 2003.
Objects of the Act
The Act serves three interests:
- Producers: it protects their interests.
- Buyers: it keeps unauthorised persons from misusing these names.
- The nation: it builds the image of Indian goods in export markets.
Definition under the Indian Act: Section 2(1)(e)
Section 2(1)(e) gives the Indian definition of a geographical indication. It follows TRIPS, with two additions.
Addition 1: agricultural, natural and manufactured goods
The definition covers agricultural, natural and manufactured goods. Section 2(1)(f) defines goods:
"Goods" means "any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff".
For manufactured goods, at least one of the activities of production, processing or preparation must take place in that territory, region or locality.
Addition 2: names that are not place names (the Explanation)
An Explanation to the definition says:
"any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be".
Alphonso mango: the mango is named after a Portuguese general, Afonso de Albuquerque, not after a place. Yet in 2018 it was registered as a geographical indication for mangoes from five districts of Maharashtra: Ratnagiri, Sindhudurg, Palghar, Thane and Raigad. A non-geographical name can therefore be a GI if it relates to a specific geographical area.
The two additions in the Indian definition over TRIPS: (1) it expressly covers agricultural, natural and manufactured goods, and for manufactured goods at least one of production, processing or preparation must take place in the area; (2) a name that is not the name of a place can still be a GI if it relates to a specific geographical area (for example, Alphonso).
Geographical indications on India's register
- India's register opened with Darjeeling Tea. Its word and logo were applications 1 and 2, registered in 2004.
- By the end of 2025, the official list held close to 700 registered indications.
- Some indications cross state borders. Kolhapuri Chappal, for example, is registered for districts of both Maharashtra and Karnataka.
Ownership: registered proprietor and authorised users
Who against where also decides ownership. A trademark usually belongs to one business, but a geographical indication belongs to a community. The law therefore splits the role in two: a registered proprietor (the representative body) and authorised users (the individual producers).
| Point | Trademark | Geographical indication |
|---|---|---|
| Question answered | Who made the product | Where the product comes from |
| Belongs to | Usually one business | A community of producers |
Who may apply: Section 11(1)
Under Section 11(1), the applicant must be:
"any association of persons or producers or any organisation or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods".
That body becomes the registered proprietor.
Authorised users: Section 17(1)
The individual producers then join as authorised users. Section 17(1) says:
"Any person claiming to be the producer of the goods in respect of which a geographical indication has been registered under section 16 may apply in writing to the Registrar in the prescribed manner for registering him as an authorised user of such geographical indication."
Rights conferred by registration: Section 21
Under Section 21, registration:
- gives the registered proprietor and the authorised users the right to obtain relief for infringement; and
- gives the authorised user the exclusive right to use the indication for the registered goods, subject to any conditions and limitations on the registration.
Where there are many authorised users, none gains an exclusive right against the others merely by registration. Against outsiders, however, each has the same rights "as he would have if he were the sole authorised user".
The housing society: a housing society is registered as one body, yet every resident may use the common park, and no resident can lock the others out. In the same way, the registered proprietor holds the registration, every authorised user may use the indication, and no authorised user can exclude the others.
Authorised users enjoy co-equal rights: none has an exclusive right against the other authorised users merely by registration, but against outsiders each has the rights of a sole authorised user.
| Point | Registered proprietor | Authorised user |
|---|---|---|
| Who | An association of persons or producers, or an organisation or authority established by or under law, representing the producers' interest | A person claiming to be a producer of the registered goods |
| Provision | Section 11(1) | Section 17(1) |
| Rights under Section 21 | Right to obtain relief for infringement | Right to obtain relief for infringement, and exclusive right to use the indication for the registered goods (co-equal with other authorised users) |
Grounds for refusal of registration: Section 9
Before any body applies, it must check whether the name can be registered at all. Section 9 bars registration in seven situations. A geographical indication shall not be registered:
- Deception: "the use of which would be likely to deceive or cause confusion";
- Defiance of law: "the use of which would be contrary to any law for the time being in force";
- Decency: "which comprises or contains scandalous or obscene matter";
- Devotion: "which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India";
- Disentitlement: "which would otherwise be disentitled to protection in a court";
- Dead names: "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";
- Double meaning: "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".
Remember the grounds of refusal under Section 9 as the seven Ds: Deception, Defiance of law, Decency, Devotion, Disentitlement, Dead names and Double meaning.
Dead names: generic names
A dead name is a generic name. Explanation 1 to Section 9 says that "generic names or indications", in relation to goods:
"means the name of a goods which, although relates to the place or the region where the goods was originally produced or manufactured, has lost its original meaning and has become the common name of such goods and serves as a designation for or indication of the kind, nature, type or other property or characteristic of the goods."
Explanation 2 adds:
"In determining whether the name has become generic, account shall be taken of all factors including the existing situation in the region or place in which the name originates and the area of consumption of the goods."
Cheddar is the classic generic name. Cheddar is a village in England, but its name now describes a style of cheese made all over the world.
Double meaning: two places with the same name
Double meaning arises when two places share a name. A label may be literally true about where the goods come from, yet lead buyers to think they come from the other place of the same name.
There is a Hyderabad in India and another Hyderabad in Sindh in Pakistan. A label naming the Hyderabad in Sindh may be literally true, yet Indian buyers may think the goods come from the Hyderabad in India.
Procedure for registration
Contents of the application: Section 11(2)
Once the Section 9 hurdles are cleared, the application begins its journey. Under Section 11(2), the application must:
- explain how the indication links the goods to the territory, through a specific quality, reputation or other characteristic due exclusively or essentially to the geographical environment, with its natural and human factors, and where the production, processing or preparation takes place;
- state the class of goods;
- attach a geographical map;
- say whether the indication consists of words, figurative elements or both;
- give particulars of the producers proposed for initial registration; and
- add any other prescribed particulars.
One application may cover several classes of goods, with a fee for each class.
Decision of the Registrar
The Registrar may:
- refuse the application; or
- accept it absolutely; or
- accept it with amendments, modifications, conditions or limitations.
For any refusal or conditional acceptance, the Registrar must record in writing the grounds and the materials used.
The Registrar: Section 3(1)
Section 3(1) says:
"The Controller-General of Patents, Designs and Trade Marks appointed under sub-section (1) of section 3 of the Trade Marks Act, 1999, shall be the Registrar of Geographical Indications."
The Geographical Indications Registry that does this work sits at Chennai and serves the whole country.
Withdrawal of acceptance: Section 12
After acceptance come the safety checks. Under Section 12, the acceptance may be withdrawn if, before registration, the Registrar is satisfied that:
- the application was accepted in error; or
- the indication should not be registered; or
- the indication should be registered subject to conditions or limitations, or to additional or different conditions or limitations.
The withdrawal is made after hearing the applicant, if the applicant so desires.
Advertisement: Section 13
Under Section 13, the accepted application is advertised.
Opposition: Section 14
- Any person may oppose the application within three months of the advertisement, extendable by not more than one month in all.
- The applicant must file a counter-statement within two months of receiving the notice of opposition, otherwise the application is treated as abandoned.
- The Registrar decides after considering the evidence and hearing the parties.
Correction and amendment: Section 15
Section 15 permits correction and amendment of the application. If an amendment divides a single application into two or more, each part keeps the original filing date.
Registration: Section 16
The Registrar registers the indication, and any authorised users named in the application, where:
- there was no opposition and the time for opposition has expired; or
- the opposition was decided in the applicant's favour,
unless the Central Government directs otherwise.
- Registration counts from the date of the application.
- Certificates of registration go to the applicant and the authorised users.
- An application left incomplete for twelve months through the applicant's default may be treated as abandoned after notice.
Stages of registration in order: check the Section 9 bars, application (Section 11), acceptance or refusal by the Registrar, possible withdrawal of acceptance (Section 12), advertisement (Section 13), opposition within 3 months plus at most 1 month and counter-statement within 2 months (Section 14), correction and amendment (Section 15), registration effective from the date of application (Section 16).
Duration and renewal: Section 18
Section 18(1) says:
"The registration of a geographical indication shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section."
Section 18(2) adds:
"The registration of an authorised user shall be for a period of ten years or for the period till the date on which the registration of the geographical indication in respect of which the authorised user is registered expires, whichever is earlier."
| Point | Registration of the geographical indication | Registration of an authorised user |
|---|---|---|
| Provision | Section 18(1) | Section 18(2) |
| Period | 10 years, renewable from time to time | 10 years, or till the GI's own registration expires, whichever is earlier |
- Each renewal adds ten years.
- An unrenewed entry may be removed from the register after notice.
- It can still be renewed with a surcharge within six months of expiry.
- It can be restored after six months and within one year of expiry, if the Registrar thinks it just.
Is registration compulsory? Section 20
Registration is not compulsory, but it decides which remedy the producers can use. Section 20 says:
"No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered geographical indication."
It then adds:
"Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof."
| Point | Infringement | Passing off |
|---|---|---|
| Nature | The stronger statutory action under the Act | The common law action against a trader who presents goods as if they were someone else's |
| Registration needed? | Yes. No action lies for infringement of an unregistered GI | No. Available even without registration |
Registration of a GI is not compulsory. Without registration, producers still have passing off; but infringement, the stronger statutory action, needs registration.
Infringement: Section 22
Three modes of infringement: Section 22(1)
A person who is not an authorised user infringes a registered geographical indication in three ways:
- Misleading use: using the indication in the designation or presentation of goods so as to suggest a place other than their true origin, in a manner that misleads people about their geographical origin.
- Unfair competition: an act of unfair competition, including passing off.
- Literally true but false suggestion: using another indication that is literally true about the goods' origin but falsely suggests that they come from the registered place.
Meaning of unfair competition
Unfair competition means any act of competition contrary to honest practices in industrial or commercial matters, such as:
- creating confusion with a competitor's establishment, goods or business;
- making false allegations in trade that discredit a competitor; or
- misleading people about the nature, manufacturing process, characteristics, suitability for purpose or quantity of the goods.
Additional protection for specially notified goods
For goods specially notified by the Central Government, the following are also infringement:
- using the indication even while stating the true origin of the goods;
- using a translation; or
- adding words like "kind", "style" or "imitation".
Exception: lawfully acquired genuine goods
A person who lawfully acquires genuine goods may deal in them further, including processing or packaging, unless their condition is impaired after they have been put in the market.
A geographical indication cannot be traded: Section 24
Two more rules flow from the community nature of a geographical indication. The first is that it cannot be traded. Section 24 says:
"Notwithstanding anything contained in any law for the time being in force, any right to a registered geographical indication shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement: Provided that on the death of an authorised user his right in a registered geographical indication shall devolve on his successor in title under the law for the time being in force."
A registered GI cannot be assigned, transmitted, licensed, pledged or mortgaged, or made the subject of any similar agreement. The only exception: on an authorised user's death, the right devolves on the successor in title.
A geographical indication cannot become a trademark: Section 25
The second rule is that a place name must not become one company's mark. Under Section 25, notwithstanding the Trade Marks Act, the Registrar of Trade Marks must, on that Registrar's own motion or at the request of an interested party, refuse or invalidate a trademark that:
- contains or consists of a geographical indication for goods not originating in the place it indicates, if such use would confuse or mislead people about the true place of origin; or
- contains a geographical indication for goods specially notified by the Central Government.
Civil remedies: Sections 66 and 67
Jurisdiction: Section 66
No suit of the following kinds can be filed in any court below a District Court:
- a suit for infringement of a registered geographical indication;
- a suit relating to any right in a registered geographical indication; or
- a suit for passing off arising from the use of an identical or deceptively similar indication, whether registered or unregistered.
For the first two kinds of suit, the plaintiff may also sue where the plaintiff resides, carries on business or personally works for gain.
Reliefs: Section 67
Section 67(1) says that the relief:
"includes injunction, subject to such terms, if any, as the court thinks fit, and at the option of the plaintiff, either damages or account of profits, together with or without any order for the delivery-up of the infringing labels and indications for destruction or erasure."
- Injunction: a court order stopping the wrongful use.
- Account of profits: handing over the profits earned from the wrongful use.
- Damages and account of profits are alternatives, at the plaintiff's option.
Under Section 67(2), the injunction may be:
- ex parte, meaning granted before the other side is heard; or
- interlocutory,
and may order:
- discovery of documents;
- the preserving of infringing goods, documents or other evidence; and
- a restraint on the defendant dealing with assets in a way that defeats recovery.
Under Section 67(3), a defendant who proves honest ignorance of the plaintiff's right, and who stopped at once on learning of it, faces no damages beyond nominal damages and no relief on account of profits.
Criminal liability: Section 39
Criminal law steps in when the conduct becomes fraud. Under Section 39, the offence covers a person who:
- falsifies a geographical indication;
- falsely applies a geographical indication to goods;
- makes, disposes of or possesses any die, block, machine, plate or other instrument for falsifying a geographical indication;
- puts a false indication of the country or place of making, or of the maker's name and address, on goods required to carry it under Section 71;
- tampers with, alters or effaces such a required indication of origin; or
- causes any of these things to be done.
Such a person:
"shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees."
| Punishment | Minimum | Maximum |
|---|---|---|
| Imprisonment | 6 months | 3 years |
| Fine | Rs. 50,000 | Rs. 2 lakh |
Under Section 39 the burden is on the accused to prove that he acted without intent to defraud. The court may go below the minimum (less than 6 months' imprisonment or less than Rs. 50,000 fine) only for adequate and special reasons recorded in the judgment.
Solving the three disputes
| Dispute | Answer | Provision |
|---|---|---|
| Bengaluru seller's board: "Genuine Alphonso from Ratnagiri" | The seller is not an authorised user, and the board falsely suggests that the mangoes come from the registered districts. This is infringement. The seller may also face prosecution unless the seller proves there was no intent to defraud. | Section 22 (infringement); Section 39 (offence) |
| Nagpur Orange growers offered money for the name | The growers cannot sell the name, because the law forbids assignment, licensing and every similar deal. | Section 24 |
| Chennai company seeks trademark "Kolhapuri" for sandals made in Chennai | The application will be refused, because the mark would mislead buyers about where the sandals come from. | Section 25 |
Quick revision
- Three Ls of the definition: Label (the name or sign), Land (country, region or locality) and Link (quality, reputation or other characteristic essentially attributable to the land).
- Seven Ds of refusal under Section 9: Deception, Defiance of law, Decency, Devotion, Disentitlement, Dead names (generic names) and Double meaning.
- The idea behind them all: a trademark tells you who made a product; a geographical indication tells you where it truly comes from.
