Geographical Indication Filing in India

A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities, reputation, or other characteristics that are essentially due to that origin. Here’s a breakdown of what a GI signifies:

  • Link to Location: A GI identifies a product as originating from a particular geographical location (e.g., a town, region, or country).
  • Quality and Reputation: Products with a GI tag are known for possessing certain qualities or a reputation that is linked to their specific place of origin. These qualities could be:
    • Specific ingredients or production methods used in that location.
    • Unique characteristics due to the local climate, soil, or other environmental factors.
    • Traditional knowledge and skills passed down through generations in that region.

Benefits of GI:

  • Consumers: GIs help consumers identify authentic products with guaranteed quality and distinct characteristics.
  • Producers: GIs protect the reputation of producers in a specific region and potentially command premium prices for their products.
  • Communities: GIs can support rural and traditional communities that produce these unique products.

Examples of GI Products:

  • Darjeeling Tea (India)
  • Champagne (France)
  • Tequila (Mexico)
  • Basmati Rice (India)
  • Roquefort Cheese (France)

Importance of GI:

GIs play a significant role in protecting intellectual property and promoting fair trade practices. They help ensure consumers get genuine products and support traditional production methods.

Here are the prerequisites to file for a Geographical Indication (GI) in India:

  • Product origin: The product must originate from a specific geographical location.
  • Unique qualities: The product must possess qualities, reputation, or characteristics that are essentially attributable to its geographical origin.
  • Applicant eligibility: The application can be filed by an association of persons, producers, or any organization representing the interests of the producers of the concerned goods.
  • Prohibited categories: The product cannot fall under any of the prohibited categories, such as generic names or indications that are contrary to public order or morality.

At Akhildev IPR and Research Services LLP, they have the specialized team to take care of Geographical Indication (GI). Please feel free to contact them for registering GI.

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FAQs about Patents

The patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. Patient protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner’s consent.

The protection is granted for a limited period, generally 20 years from the filing date of the application.

Patent rights are usually enforced in a court on the initiative of the right owner. However, the main responsibility for monitoring, identifying and acting against infringers of a patent lies with the patent owner.

Patent information commonly refers to the information found in patent applications and granted patents. This information may include bibliographic data about the inventor and patent applicant or patent holder, a description of the claimed invention and related developments in the field of technology, and a list of claims indicating the scope of patent protection sought by the applicant.

Patent documents contain technological information that is often not divulged in any other form of publication, covering practically every field of technology. They have a relatively standardized format and are classified according to technical fields to make identifying relevant documents even easier. 
The information contained in patent documents can be very useful to researchers, entrepreneurs, and many others, helping them:
• avoid duplication of research and development work.
• build on and improve existing products or processes.
• assess the state-of-the-art in a specific technological field, e.g., to get an idea of the latest developments in this field.
• evaluate the patentability of inventions, in particular the novelty and inventiveness of inventions.
• identify inventions protected by patents, to avoid infringement and seek opportunities for licensing.
• monitor activities of potential partners and competitors both within the country and abroad.
• identify market niches or discover new trends in technology or product development at an early stage. 

Patent applications and related documents are published by national and regional patent offices.
Unpaid databases:
• WIPO’s PATENTSCOPE database
• Google Patents
• Espacenet – patent search
• USPTO Web Patent Database
Paid Databases:
• Orbit
• PatBase
• Patseer