Geographical Indications (GIs) are a type of intellectual property that identifies a product as originating from a specific place, where a given quality, reputation, or other characteristic of the product is essentially attributable to its geographical origin. Examples include Champagne from France, Darjeeling tea from India, and Roquefort cheese from France. GIs are crucial for preserving cultural heritage and promoting local economies, but they also face significant challenges regarding infringement and the enforcement of legal protections. Geographical indication (GI) protection has long been one of the most contentious IPR (Intellectual Property Rights) problems under the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS defines GI as any indication that identifies a product as originating in a specific location, where a product's quality, reputation, or other attributes are mostly due to its geographical origin. A geographical indication (GI) also grants a territory (town, province, or country) the exclusive right to use a term for a product with specified qualities that are unique to its place. The Geographical Indications of Goods (Registration and Protection) Act of 1999 protects GIs in India. Registration of GIs is not required in India. If registered, it will provide better legal protection, making it easier to file an infringement case.
Section 2(e) of the Geographical Indications of Goods (Registration and Protection) Act of 1999, defines 'geographical indications' to goods to mean: "An indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a county, 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 the case where such goods are manufactured goods one of the activities of either the production or of processing or preparations of the goods concerned takes place in such territory, region or locality, as the case may be.
Direct Infringement: This occurs when a non-authorized producer uses the GI on products that do not originate from the designated region or do not comply with the standards and specifications of the GI. For instance, labeling sparkling wine produced in California as "Champagne" is a direct infringement.
Indirect Infringement: This involves the use of terms, symbols, or descriptions that, although not directly copying the GI, mislead consumers regarding the true origin of the product. An example would be using phrases like "Champagne-like" for products not originating from the Champagne region.
Dilution: This refers to the use of a GI in a way that blurs its distinctiveness or tarnishes its reputation. Over time, such misuse can weaken the brand value associated with the GI.
The remedies can be claimed under Section 67 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 in the form of Civil remedies and Criminal remedies. The Civil remedies are in the form of injunctions and damage.
Injunctions: Courts can issue orders to restrain infringers from using a GI unlawfully.
Damages: Monetary compensation can be awarded for losses suffered due to infringement.
Corrective Advertising: In some cases, courts may order the infringer to undertake corrective advertising to mitigate the effects of false or misleading use of a GI.
Some jurisdictions also impose criminal penalties for GI infringement, including fines and imprisonment, to deter fraudulent practices.
In some countries, administrative bodies are empowered to take action against GI infringement, including issuing cease and desist orders and imposing fines.
This case study focuses on the protection of Darjeeling tea under the Geographical Indication (GI) Act at both the local and International levels. The protection of Darjeeling tea as a GI has been crucial for maintaining its quality and reputation, both domestically and internationally. The GI status, granted in 2004, ensures that only tea produced in the Darjeeling region under specific conditions can be marketed as Darjeeling tea, which helps prevent misappropriation and maintain consumer trust.
Geographical Indications are powerful tools for protecting the heritage and identity of products tied to specific regions. However, the effectiveness of GIs depends on robust legal frameworks and proactive enforcement strategies. Addressing the challenges of infringement requires a combination of strong legal protections, international cooperation, and consumer education. As global trade continues to expand, the importance of safeguarding GIs will only grow, making it imperative for stakeholders to remain vigilant and proactive in protecting these valuable assets.
