Geographical Indications in India: Protecting Identity Through Origin
Author: Yashashvi Mishra, 5th Year Law Student, University of Allahabad
Introduction
Geographical Indications (GIs) are more than just labels—they represent the unique heritage, quality, and reputation of products linked to specific regions. Whether it’s Darjeeling Tea, Mysore Silk, or Basmati Rice, a GI tag helps preserve cultural identity and protects artisans, farmers, and traditional industries.
India, with its rich tradition and biodiversity, has emerged as a strong advocate for GI protection. India has granted over 500 GI tags, strengthening its rural economy and international brand image.
What is a Geographical Indication (GI)?
A Geographical Indication is a sign used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics essentially attributable to that location.
In India, GI protection is governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into force on September 15, 2003.
Key Features of the GI Act
- Section 2(e) defines a GI as an indication that identifies goods as originating from a particular territory, where a given quality or reputation is essentially due to that origin.
- The Registrar of Geographical Indications operates under the Controller General of Patents, Designs and Trademarks, Chennai.
- GIs can be granted to:
- Agricultural products
- Handicrafts
- Manufactured goods
- Foodstuffs
- Natural goods
- Duration: A GI is initially registered for 10 years and can be renewed indefinitely.
Why Are GIs Important?
- Legal Protection against unauthorized use or imitation.
- Market Differentiation: Products with GI tags command premium prices.
- Cultural Preservation: Protects traditional knowledge and practices.
- Rural Empowerment: Enhances the livelihood of farmers, weavers, and artisans.
- Export Promotion: Boosts India's trade profile in WTO-compliant frameworks.
Challenges in GI Protection
Despite legal safeguards, GI enforcement in India faces hurdles:
- Lack of Awareness among producers and consumers.
- Insufficient Branding and Marketing post-registration.
- Poor International Recognition for many Indian GIs.
- Limited Institutional Support in monitoring GI misuse, especially online.
International Framework
India is a signatory to the TRIPS Agreement (1995) under the World Trade Organization (WTO), which mandates protection of GIs under Article 22–24. However, only wines and spirits receive enhanced protection under TRIPS Article 23.
India advocates for expanding this higher protection to all products, especially handicrafts and agro-products.
Landmark GI Disputes
- Basmati Rice (India v. Pakistan): India successfully defended the GI status of Basmati rice in the EU by establishing its unique growing regions in the Indo-Gangetic plains.
- Rasogolla War (Odisha v. West Bengal): In a rare dual recognition, both states received GI tags—Odisha Rasagola and Banglar Rasogolla—reflecting their respective claims.
Conclusion
Geographical Indications serve as powerful tools for economic empowerment, cultural preservation, and global branding. With a growing emphasis on “Vocal for Local”, India’s GI regime in 2025 continues to support artisans and farmers across the country.
To make GI protection truly effective, the focus must now shift from registration to enforcement, marketing, and international advocacy. As consumers, recognizing and supporting GI-tagged products can help sustain India's diverse heritage.
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