Indian GI tags serve multiple purposes, from safeguarding the authenticity and reputation of regional products to ensuring that only genuine producers benefit economically from their unique offerings . GI tags are used to certify and promote products with distinct regional characteristics like Darjeeling tea, Kanchipuram silk, and Odisha pattachitra, thereby enhancing market value and consumer trust .
However, misuse of GI tags is a significant challenge in India . Unauthorized parties may use or replicate GI labels to market counterfeit or inferior quality products, leading to consumer deception and economic losses for authentic producers. Misuse also includes disputes over product origins and claims between different regions or communities, which complicates enforcement and undermines the integrity of the GI system .
Regulation of GI tags in India is governed primarily by the Geographical Indications of Goods (Registration and Protection) Act, 1999 . This legal framework provides a registration mechanism for products, mandates strict criteria to prove regional exclusivity, and enables legal action against infringement. Authorities like the Geographical Indications Registry in Chennai ensure compliance, while supplementary initiatives such as awareness campaigns and capacity-building programs for producer communities help in reinforcing the system’s efficacy .
Summary:
- Use: GI tags certify authentic regional products, preserve traditional knowledge, and boost economic returns.
- Misuse: Unauthorized application and counterfeiting undermine the system and may lead to regional disputes.
- Regulation: The 1999 Act and related legal measures provide the framework for registration, enforcement, and protection against infringement.
How are GI tags regulated in India?
GI tags in India are primarily regulated under the Geographical Indications of Goods (Registration and Protection) Act, 1999. This law establishes the legal framework for the registration, protection, and enforcement of GI tags for products that possess unique geographical characteristics.
Key regulatory elements include:
Registration Process:
Applications for GI tags are submitted to the Geographical Indications Registry in Chennai.
The process involves verifying that the product has a specific geographical origin and possesses qualities or reputations attributable to that origin.
Detailed documentation and evidence supporting the geographical link must be provided.
Protection and Enforcement:
Once registered, GI tags are protected under the Act, meaning only authorized users or producers can legally use the GI.
Regulations prevent misuse, such as unauthorized replication or counterfeiting of the GI, ensuring that only authentic products carry the label.
Legal recourse is available under the Act for disputes or infringements related to GI misuse.
Government Oversight:
The Controller General of Patents, Designs, and Trademarks plays a central role in administering the Act and overseeing the registry’s operations.
Enforcement agencies work alongside the registry to monitor compliance, educate stakeholders, and take legal actions when infringements are detected.
Summary:
Legislative Framework: The Geographical Indications of Goods (Registration and Protection) Act, 1999 governs GI tags in India.
Registration: Products must prove unique regional qualities through a formal process at the Geographical Indications Registry in Chennai.
Enforcement: The Act provides mechanisms to prevent misuse and offers legal protection to authentic producers, with oversight by dedicated government bodies.
