Previous Year Question

India enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 to fulfil its obligations under the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

India has been a member of the WTO since 1 January 1995. It was therefore required to bring its domestic intellectual-property laws into conformity with the TRIPS Agreement.

What is a Geographical Indication?

Under Article 22 of the TRIPS Agreement, a Geographical Indication is an indication that:

• identifies a good as originating in the territory of a member country, or a region or locality within that territory; and

• attributes a quality, reputation or other characteristic of the good essentially to its geographical origin.

A GI does not merely identify a geographical address. There must be a demonstrable connection between the reputation, quality or characteristic of the product and the geographical area.

Examples include:

• Darjeeling Tea

• Kanchipuram Silk

• Banarasi Brocades and Sarees

• Pochampally Ikat

Relevant provisions of TRIPS

• Article 22: General definition and protection of GIs for all goods.

• Article 23: Additional protection for wines and spirits.

• Article 24: International negotiations, exceptions and prior use.

Principal features of the Indian Act

The Geographical Indications of Goods Act, 1999:

• provides for registration and legal protection of GIs;

• grants rights to registered proprietors and authorised users;

• prevents unauthorised use and misleading representation of a GI;

• provides civil and criminal remedies against infringement; and

• prevents registration of deceptive or confusing geographical indications.

A GI registration is generally valid for 10 years and may be renewed for successive periods of 10 years.

Unlike an ordinary trademark, a GI is not the private property of a single trader. It represents the collective right of eligible producers associated with a geographical region. A GI consequently cannot ordinarily be assigned, transmitted, licensed, pledged or mortgaged.

Implementation of the Act

The Act was enacted in 1999, followed by the Geographical Indications of Goods Rules, 2002. The Act and Rules came into force on 15 September 2003.

Darjeeling Tea became India’s first registered GI. Its application was filed in 2003 and registration was granted in 2004-05.

Current position (2026)

• The GI Act, 1999 and GI Rules, 2002 remain in force.

• India’s Geographical Indications Registry is located in Chennai and exercises jurisdiction throughout India.

• IP India published its updated list of registered Indian GIs on 2 May 2026.

• Registration of authorised users remains important because it gives genuine producers the legal right to use the registered GI.

Therefore, India’s GI legislation was enacted to comply with its WTO-TRIPS obligations.