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1. What is Geographical Indication?

Geographical indication is a criterion that identifies a good as originating in a territory where a certain quality, reputation or some other characteristic of the good is owing to its geographical origin.

2. What is the 'Protection of Geographical Indication?

Protection of Geographical Indications implies protection of names and symbols, which refers to a certain geographical origin of a given product because of which the product has a market of its own. For e.g. Darjeeling Tea, basmati rice, Scotch whisky etc. The protection is given to ensure that the name of origin of the product is not used in any same or similar product that does not originate from that region.

3. What is the difference between the notions of 'Indication of source' and 'Appellation of origin' and 'Geographical Indication'?

The notion 'Indication of source' means any expression or sign used in a product or service to indicate that a product or service originates in a country, a region or specific place. Whereas 'appellations of origin' means the geographical name of a country, region or specific place which serves to designate a product originating therein the characteristic qualities of which are due exclusively or essentially to the geographical environment, including natural or human factors or both natural and human factors. [Paris convention for the protection of Industrial Property, Article 1 paragraph (2)

Geographical Indication' refers to indications that identify a good as originating in the territory of a country, 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.

4. What is the law relating to Geographical Indication in India?

Geographical Indication of Goods (Registration and Protection) Act, 1999.

5. What is the scope of protection of Geographical Indications?

The protection is provided to prevent third parties from the use of the name of the geographical place/ source indicated and to ensure that the term does not become a generic expression.

6. When does the geographical expression become a generic term?

Once a geographical indication loses its distinctiveness and being used as a common name (when it does not indicate the geographical origin) it becomes a generic.

7. What are the International treaties for the protection of the geographical Indications?

WTO-TRIPS Agreement provides for the protection of the geographical indications [Art.22-24]. Three other multilateral treaties administered by WIPO contain provisions for the protection of geographical indications. The Paris Convention for the protection of Industrial Property, the Madrid Agreement for the Repression of False or Deceptive Indicators of Source on Goods of 1891 as last revised in 1967 and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration.

8. What is the object of the Paris Convention?

The Paris Convention for the Protection of Industrial Property, 1883, in Article 1 (2) provides that the protection of industrial property has as its object, among others, 'indications of source' or 'appellation of origin'. Article 9 and 10 of the Convention prohibit the direct or indirect use of a false indication of the source of goods subject to the frame of the protection in every single Member State of the Convention. This means that no indication of source may be used that refers to a geographical area from which the products do not originate.

However, Article 10 (1) does not apply in indications which, without being false, may mislead the public, or at least the public of a certain country for example, where certain geographical areas in different countries have the same name but only one of those areas is internationally known for particular products, the use of that name in connection with products originating from another area may be misleading.

9. What does the Madrid Agreement seek to address?

The Madrid Agreement of 1891 for the Repression of False and Deceptive Indications of Source of Goods aims at the repression of false and deceptive or misleading indications of source.

10. What are the provisions in TRIPS that address the protection of the geographical origin?

The TRIPS Agreement defines Geographical indictors for the purpose of the Agreement, as 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 characteristics of a good can each be a sufficient basis for being eligible for protection as a geographical indication, where they are essentially attributable to the geographical origin of the goods.