8 Products from Assam Tribe Granted GI Tag

What is GI Tag:

A Geographical Indication (GI tag) is a sign used on products with a specific geographical origin, possessing unique qualities or reputation due to that origin. It serves as an intellectual property right (IPR), attributing a product’s quality, reputation, or other characteristic to its geographical origin.

1. GIs are recognized as an aspect of IPRs under the Paris Convention for the Protection of Industrial Property and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

Benefits:

A GI tag lets approved users stop others from using the indication if their product doesn't meet the standards. A GI tag confers the following rights to the registered proprietors:

1. Legal protection against unauthorized use by others.
2. Exclusive right to use the GI tag for the specified goods or products.
3. Ability to prevent misuse, imitation, or misleading representations of the GI tag.
4. Legal recourse against infringement or unfair competition.

Type of Products:

1. Geographical indications can be used for a wide range of products, including agricultural products, foodstuffs, wines, spirits, handicrafts, and industrial products.
2. However, such products must possess specific qualities or characteristics attributable to their geographical origin.

Eligibility Criteria:

1. Any trader’s group, association, or organization can apply for a GI tag.
2. They must demonstrate the product’s uniqueness with historical records and a detailed production process.
3. GI tags aren’t only for popular products; they exist for hundreds of items across states, each recognizing a specific region and product.

International Conventions on GI Tags:
These international conventions and systems play a crucial role in protecting and promoting products with a GI tag, ensuring they maintain their unique identity and quality.

1. Paris Convention: The Paris Convention for the Protection of Industrial Property (1883) provides a multilateral framework for the protection of industrial property rights, including geographical indications. It establishes the principles of national treatment and the right of priority.
2. Lisbon System: The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (1958) establishes an international registration system for appellations of origin, a specific type of GI. It provides a centralised filing procedure and ensures protection for all contracting parties.
3. Madrid System: The Madrid System for the International Registration of Marks, while primarily focused on trademarks, can also be utilized for the protection of geographical indications through the registration of collective or certification marks.

GI Tag in India:

The Geographical Indication Registry, a division of the Ministry of Commerce and Industry’s Department of Industry Promotion and Internal Trade (DIPIT), is responsible for issuing GI tags, further safeguarding these unique products and their geographical origins. The GI tag holds significant importance for India, as it:

1. Promotion and protection: Promotes and safeguards the unique products and traditional knowledge of various regions, contributing to rural development and empowerment.
2. Marketability and competitiveness: Enhances the credibility, marketability, and competitiveness of Indian products in the global market.
3. Preservation of cultural heritage: Preserves the cultural heritage and traditional practices associated with the production of these products.
4. Prevention of misappropriation: Prevents misappropriation and misuse of traditional knowledge by unauthorized parties.
5. Sustainable practices and environmental conservation: Encourages sustainable production practices and environmental conservation in the designated regions.

GI Act of 1999:

The Geographical Indications of Goods (Registration and Protection) Act, 1999 is the main law in India that oversees the registration and protection of geographical indications. The Act’s key provisions include:

1. The establishment of the Geographical Indications Registry, responsible for processing and registering GI applications.
2. The criteria for registering a GI, including the association between the product and its geographical origin, and the reputation or quality attributable to that origin.
3. The duration of protection is initially 10 years but can be renewed indefinitely.
4. Provisions for enforcing GI rights, including civil and criminal penalties for infringement.
5. Provisions for registering authorised users and associations of producers.

GI Tag as an IPR:

Geographical Indications are recognized as a form of intellectual property rights under the TRIPS Agreement of the World Trade Organization (WTO). As an IPR, GIs:

1. Protect the collective rights of producers and communities associated with a particular product.
2. Prevent the misuse or misappropriation of a product’s reputation or characteristics by unauthorized parties.
3. Contribute to the preservation of traditional knowledge and cultural heritage.
4. Promote fair trade practices and sustainable development in rural communities.