Any association of persons, producers, organization or authority established by or under the law representing the interest of the producers of the concerned goods can apply for registration of a Geographical Indications.

Application for registration of Geographical Indications can be made in the Geographical Indications Registry, Chennai.

The registration of a geographical indication is valid for a period of 10 years. It can be renewed from time to time for further period of 10 years each. If a registered geographical indication is not renewed, it is liable to be removed from the register.

Registration under the Geographical Indications of Goods (Registration and Protection) Act, 1999 prevents unauthorized use of a registered Geographical Indication by others. The registered proprietor or authorized user(s) have right to obtain relief in respect of infringement of the geographical indication.  An authorized user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered.

Infringement of registered Geographical Indications: a) When an unauthorized user uses a geographical indication by any means in the designations or presentation of goods that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which mislead the persons as to the geographical origin of such goods; b) When the use of geographical indication result in an unfair competition including passing off in respect of registered geographical indication; and c) When the use of another geographical indication results in false representation to the public that goods originate in a territory in respect of which a registered geographical indication relates.

A registered geographical indication cannot be assigned, transmitted, licensed, pledged or mortgaged etc.

The Appellate Board or the Registrar of Geographical Indications has the power to remove the geographical indication from the register.

For any specific query related to Geographical Indications law and procedure in India, please contact us at ip@avntltech.com