1. Background Note
Geographical Indications (GIs) represent a specialised form of intellectual property protection that connects a product to its geographical origin and the specific qualities, reputation, or characteristics derived from that location. In a diverse country like India renowned for its agricultural variety, handicrafts, textiles, and traditional production systems GIs play a pivotal role in preserving cultural identity and promoting rural economic development.
India’s obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1994, particularly Articles 22–24, require the recognition and protection of GIs to prevent misuse or misleading indications. To comply, India enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into force on 15 September 2003. The Act defines a GI under Section 2(1)(e) as an indication that identifies goods as originating or manufactured in a territory, region, or locality where a given quality, reputation, or other characteristic is essentially attributable to that origin. For manufactured goods, at least one process of production, processing, or preparation must take place in the territory.
The Act provides for a Geographical Indications Registry under the Controller General of Patents, Designs & Trade Marks. It establishes procedures for application, registration, opposition, authorised users, and remedies for infringement (civil and criminal). The purpose of the law extends beyond legal protection is that it strengthens community-based intellectual property, encourages rural entrepreneurship, prevents unauthorised use of regional names, and helps producers command premium prices through branding linked to origin.
India’s GI ecosystem has grown rapidly. As per WIPO’s 2023 report, India had 530 GIs in force, while domestic sources in 2025 report about 697 registrations. The number of annual filings increased from 57 (2020–21) to 274 (2024–25), reflecting a 380% growth. Despite this progress, challenges persist: low awareness among producers, difficulties in maintaining product specifications, risk of genericisation, and weak enforcement mechanisms.
The legal protection of GIs preserves cultural heritage such as Darjeeling Tea, Kanchipuram Silk, and Madhubani
Paintings while supporting India’s trade objectives by differentiating indigenous products in global markets. Yet, effective enforcement, producer education, and robust quality-control remain critical to realise the full socioeconomic potential of GIs. Thus, this project explores the legal grounds for recognition of GIs in India, and an appraisal of the system’s effectiveness in practice, supported by data and case law.
2. Legal Grounds for Recognition of Geographical Indications in India
2.1 Origin and Territorial Link
The GI Act requires that the goods must originate, or be manufactured, in a specified territory, region or locality of a country. This territorial link is central: it anchors the indication in a geographical origin, thereby underscoring the authenticity of the good and preventing free-riding by producers not from that area. Without this link, the rationale for a GI dissolves into ordinary branding.
2.2 Quality, Reputation or Other Characteristic
Beyond mere origin, the Act mandates that the product must have a given quality, reputation or other characteristic which is essentially attributable to its geographical origin. This criterion elevates the GI beyond a simple placename: it means the region contributes in some way, through natural conditions (soil, climate), human skill, traditional production method, to the unique characteristics of the product.
2.3 Production Link (for Manufactured Goods)
In the case of manufactured goods (as distinct from purely agricultural or natural ones), the Act further requires that at least one of the processes of production, processing or preparation must occur in the specified territory. This ensures a substantive manufacturing linkage and prevents purely symbolic associations with the region.
2.4 Eligible Applicants & Collective Nature
Section 11 of the GI Act provides that associations of persons, producers, organisations or authorities representing producers may apply for registration. This collective dimension is vital: GIs typically reflect community-based, origin-linked goods (rather than individual brands). The law thereby accommodates group rights rather than exclusive private monopolies.
2.5 Safeguards Against Misuse
Section 9 of the Act prohibits registration if the indication is falsely representing the origin, is likely to mislead or cause confusion, has become generic (i.e., commonly used to describe the goods rather than indicating origin), or is contrary to public order/morality. These safeguards preserve the integrity of the GI regime and ensure that the protection is meaningful.
2.6 Alignment with International Obligations
India’s GI Act aligns with its commitments under TRIPS (Articles 22-24) which require WTO members to provide legal protection for geographical indications and ensure protection against unfair competition and false indications.
The domestic statute thus meets the international standard and provides the legal basis for recognition.
2.7 Policy Rationale
Recognising GIs serves not only legal formalities but policy goals:
- Protecting regional producers from mis-appropriation of their reputation.
- Enhancing rural/tribal incomes by adding value to origin-linked goods.
- Preserving cultural heritage, traditional knowledge, craftsmanship.
- Promoting differentiation of Indian goods in domestic and global markets.
3. Appraisal of India’s GI Regime
3.1 Strengths
- The GI Act offers a comprehensive statutory framework with registration procedure, rights for authorised users, remedies (civil & criminal) for infringement.
- By protecting origin-linked names, it enables branding of region-specific goods, enhancing consumer trust, premium pricing and export value.
- The collective approach ensures that communities, rather than lone proprietors, benefit from the GI tag.
- MP High Court, 2023; Delhi High Court, 2024 have upheld strong protection for GI proprietors.
3.2 Weaknesses & Challenges
- Many local producers are either unaware of the GI mechanism or lack the resources to navigate the registration process effectively.
- Monitoring misuse, tackling counterfeits, coordinating across states, and border policing is resourceintensive and often weak.
- For a GI to retain its reputation, internal control systems, defined product specifications and traceability are essential; many registered GIs lack strong such systems.
- Names like “Basmati” face risk of becoming generic if not monitored internationally. Unless protected proactively, a GI may become a generic term (thus losing protection). The statutory prohibition is helpful but needs practical backup.
- Having a GI registration alone does not guarantee market success; without marketing, supply-chain linkages, export promotion and branding, the value addition may not fully materialise.
3.3 Statistical Appraisal
- 697 GIs registered in India as of 2025.
- Annual filings increased 380% between 2020 and 2025.
- Despite growing filings, only ~530 GIs are actively enforced, highlighting the need for capacity building.
- Top performing states include Tamil Nadu, Karnataka, Kerala, and Uttar Pradesh.
- The data demonstrates steady legal progress but underscores a need for robust post-registration management.
3.4 Case-Law Developments
- Madhya Pradesh High Court (2023):
Held that a registered proprietor can independently sue for infringement under the GI Act without joining authorised users. This strengthens proprietors’ enforcement rights.
- Delhi High Court (2024):
In a case involving “PISCO”, the court clarified that the concept of “first use” applicable in trademark law does not apply to GIs—emphasising that origin, not prior commercial use, determines protection.
- These rulings reinforce judicial recognition of the distinct nature of GIs and the robustness of statutory rights under the 1999 Act.
3.5 Recommendations
- Conduct extensive outreach and capacity-building among regional producers/associations to increase registrations, post-registration governance, and market awareness.
- It strengthen enforcement mechanisms. employ check-points, border control for exports, digital traceability tools, inter-state coordination.
- Institute and monitor internal control specifications for each GI product. It ensure quality, consistency and authenticity to maintain reputation.
- It promote international recognition, negotiate bilateral/multilateral treaties for GI protection abroad, help producers understand export potential.
- It ensure producer-centric governance, balanced benefit-sharing, inclusive decision-making by local producer organisations, smaller artisans have voice and access.
4. Conclusion
The Geographical Indications of Goods (Registration and Protection) Act, 1999 provides India with a robust legal framework for the recognition and protection of geographical indications. The legal grounds, origin/territory nexus, quality/reputation link, production linkage, collective applicant criteria and safeguards against misuse are clearly articulated. These align with India’s international obligations and its policy ambitions of promoting regional heritage, empowering producers and differentiating Indian goods globally.
However, the full potential of the GI regime hinges not only on the statute but its effective implementation. The challenges of awareness, enforcement, internal control systems and market translation remain substantial. In practical terms, the tool of GI recognition must be matched by institutional capacity, market strategy and producer engagement to translate origin-linked uniqueness into sustainable economic and social benefit. Ultimately, the law lays the foundation realising the promise of GIs in India depends on effective action, collaborative governance and strategic promotion of regional goods.
5. References
- Geographical Indications of Goods (Registration and Protection) Act, 1999.
- Geographical Indications of Goods (Registration and Protection) Rules, 2002.
- Intellectual Property India, Geographical Indications Portal: https://ipindia.gov.in/gi
- “A Guide to Protecting Geographical Indications in India”, Chambers & Partners, 2024.
- “Understanding Geographical Indications in India: Registration and Protection Guide”, 2025.
- Scholarly article: “Geographical Indications Laws in India: Challenges and Issues”, Indian Journal of Legal Review, Vol 5, Issue 1, 2025.
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