AUTHOR: ALOK VERMA, BABU BANARASI DAS UNIVERSITY

Geographical Indications (GIs) are special names used for products that come from a specific place and are known for their unique quality or reputation. This research explains GIs under the Indian law of 1999 and the different types of GIs like direct and indirect ones. It discusses how GI registration works in India, step by step. Real-life cases like Darjeeling Tea and Scotch Whisky show the challenges in protecting these names. The study highlights common reasons for misuse, such as lack of awareness and profit motives. It also explains the legal steps that can be taken against fake or misleading products. Overall, the paper shows that protecting GIs helps local producers, preserves traditions, and ensures buyers get genuine products.

KEYWORDS

Geographical indications, Direct geographical indication, Indirect geographical indications, Quality neutral geographical indications, Qualified geographical indications, GI tags, Infringement, Darjeeling Tea, Scotch Whisky GI, Civil remedies, criminal remedies.

A Geographical Indication is a type of sign, name or other marks that are used on goods which have the specific geographical origin and own the reputation, qualities, or characteristics essentially attributable to that place of origin.

According to the law (Section 2(1)(g) of the Geographical Indications of Goods Act, 1999), a geographical indication is a name or sign used on products like farm goods, natural products, or manufactured items to show they come from a specific place — like a country, region, or town.

This label is used when the quality, reputation, or other special feature of the product is mainly because of where it comes from. For manufactured goods, at least one part of the process (like making, processing, or preparing the product) must happen in that place.

There are the four types of geographical indications-

1. Direct geographical indications

2. Indirect geographical indications

3. Quality neutral geographical indications 

4. Qualified geographical indications

1. Direct Geographical Indications-

Geographical indication (GI) tags are used to show that a product comes from a specific place. The product usually gets its name from that place.

For example, tea that comes from Darjeeling is called Darjeeling tea, and sparkling wine from the Champagne region is called champagne.

2. Indirect Geographical Indications-

Sometimes, a product doesn't have the name of a real place, but people still strongly associate it with a certain region. These kinds of names or symbols are called indirect geographical indications or non-geographical names or symbols.

For example, “feta” cheese isn’t named after a place in Greece, but people know it as a traditional Greek cheese. That’s why Greece protects the name by law.

Another example is “Basmati” rice. There’s no specific place in India called Basmati, but the name is closely linked to rice grown in certain regions.

International rules also allow protection for names, words, symbols, or images that suggest a product’s origin, even if they don’t directly name a place.

3. Quality-neutral Geographical Indication-

Quality-neutral geographical indication means that the name of a place is used to show where a product comes from, but it doesn't mean the product is special or better because of that place. It just tells you the location where it was made, not that the location affects its quality.

4. Qualified geographical indication

Qualified geographical indication means that a product is known for certain qualities or a good reputation because of the place it comes from — like a country, region, or specific area. The name of that place is used to identify the product, and it's often called an "appellation of origin.

There are the various steps for the registration of geographical indication tag are-

Step 1: Check if Your Product Qualifies

Before applying, make sure:

• The product comes from a specific place (like a city, region, or village).

• The product is known for its special quality or reputation because of that place.

• The product is made, processed, or prepared in that area.

Step 2: File the Application

Who can apply?

• Groups like producers, cooperatives, associations, or any legal group representing people who make the product.

What do you need to submit?

• Name of the product

• Location where it's made

• How the product is made (a detailed explanation)

• Proof that the product is known for its quality or link to the location

• An optional logo for the GI

• You file this at the GI Registry in Chennai

Step 3: Review by the GI Office

• The GI Registrar checks if everything is correct and fits the rules.

• They may ask for more info or documents if something’s missing.

• They make sure the connection between the product and place is real.

Step 4: Public Announcement

• If everything looks good, your application is published in the GI Journal.

• This gives others a chance to raise objections if they think your GI is not valid.

Step 5: Handling Objections (If Any)

• If someone objects, both sides (you and the opponent) present their case.

• There will be a hearing.

• The GI office decides whether to approve or reject the GI.

Step 6: Registration

• If there are no objections (or they are dismissed), your product is officially registered as a GI.

• You get a Certificate of Registration.

• Now, only you (or your group) can use that name officially for the product

Step 7: Watch for Misuse

• Once your product is registered, you have to make sure no one else uses the GI name wrongly.

• If someone does, you can take legal action against them.

Step 8: Renewal

• GI registration lasts 10 years.

• You can renew it every 10 years, again and again, as long as you still meet the requirements.

Forms of Infringement of Geographical Indication "There are various forms of GI infringement. All these forms of infringement differ in the areas where the product and its market suffer.

1. Lying About Where the Product Comes From

This is the most common type of misuse. It happens when someone puts a famous GI name on a product that doesn’t actually come from that place.

Example: Selling tea grown in Assam but labeling it as "Darjeeling Tea" to fool people.

2. Using the GI Name or Logo on Fake Products

Sometimes, people use the name or logo of a well-known GI on products that aren't genuine.

 Example: Putting the name "Mysore Silk" on ordinary silk that wasn’t made in Mysore.

3. Trying to Trick People (Passing Off)

This happens when someone makes their product look like a real GI product—by copying the packaging, design, or name—so that customers think it’s the real deal.

 Example: Using packaging that looks just like the original GI product to confuse buyers.

4. Using Names That Sound Similar to a GI

Some sellers try to cheat by using names that sound like a registered GI to cash in on its reputation.

 Example: Using names like "Darjeeling Gold" or "Kashmir Pashmina" for cheap or fake products, hoping buyers will be fooled.

5. Using GI Names on Low-Quality Products

This type of misuse happens when someone uses a GI name on a product that doesn’t meet the required standards or doesn’t come from the correct region.

 Example: Selling rice as "Basmati" even though it wasn’t grown in the original Basmati-producing areas like Punjab, Haryana, or Uttarakhand.

Reasons for GI Infringement

GI infringement arises from several causes, mostly associated with both legal gaps and economic incentives

1. Lack of Awareness

Many small-scale producers don’t fully understand what a Geographical Indication (GI) is or how to protect it. So, they may misuse it without even knowing they’re doing something wrong.

2. High Demand and Profit Motive

GI products are often known for their high quality and have strong demand in the market. Some dishonest sellers try to take advantage of this by selling fake or non-authentic products using GI names, just to make more money.

3. Weak Enforcement of the Law

Even though there are laws to protect GIs, in many places these laws are not strictly enforced. Some markets don’t have proper systems to check or stop GI misuse, especially in smaller towns or developing areas.

4. Globalization and Fake Products

As GI products become famous around the world, more people want to buy them. But this also leads to more fake copies being made and sold in different countries under fake GI names.

5. Economic Pressure

In poorer regions, some producers misuse GI names simply to earn more money. When the chances of getting caught are low, they take the risk because the profit from selling fake GI products can be tempting.

1. Darjeeling Tea Disputes in India:

• Facts:

Darjeeling tea is a very famous type of tea grown only in the Darjeeling region of India. Because it’s so special, the Tea Board of India has legal protection over the name "Darjeeling" through something called a Geographical Indication (GI). This means only tea grown in Darjeeling can be called “Darjeeling tea.”

A big company called ITC Limited used the name “Darjeeling Lounge” for one of its tea products or tea rooms.

• Issues:

The Tea Board of India said this name was misleading. They thought people might wrongly believe that ITC’s product was genuine Darjeeling tea when it might not be. They argued this hurt the reputation and legal protection of Darjeeling tea.

• Judgment:

In 2011, the Calcutta High Court decided in favor of ITC. The court said that just using the word “Darjeeling” in “Darjeeling Lounge” did not break the law. They felt most people would not be confused into thinking the name meant the product was actually Darjeeling tea.

Another case happened in Japan, where the Tea Board tried to stop a Japanese company from using the name “Divine Darjeeling.” But the Japan Patent Office also rejected the complaint, saying the name didn’t cause confusion or misuse.

2. Scotch Whisky GI Infringement Case in India

• Facts

The Scotch Whisky Association (SWA) is a group that protects the name "Scotch whisky." According to international rules, only whisky made in Scotland can legally be called Scotch whisky.

But an Indian company, JK Enterprises, was selling whisky in India and labeling it as “Scotch Whisky,” even though it wasn’t made in Scotland.

• Issues

The question was: Can an Indian company call their product "Scotch whisky" if it's not actually from Scotland?The SWA said no – this was misleading and against the rules of geographical indication (GI) protection.

• Judgement

The Madhya Pradesh High Court agreed with the SWA. The court said:

• The Scotch Whisky Association had the right to take legal action in India to protect its GI.

• Even though Scotch is made in another country, the GI rights can still be enforced in India.

• JK Enterprises was wrong to use the “Scotch whisky” label for something not made in Scotland.

• Remedies 

There are two main types of remedies:

1. Civil Remedies (Through Civil Court)

These are steps the real GI owner (like a producer group or association) can take by going to a civil court:

• Injunction (Stop Immediately)- The court can order the person or company to immediately stop selling or distributing the fake product. This is done to protect the reputation of the real product.

• Damages or Compensation- If the fake product caused financial loss or harmed the reputation of the real product, the affected party can ask for money as compensation.

• Seizure and Disposal of Fake Goods- The court can order that the fake products be taken away and destroyed, so they don't end up being sold to people.

  • Official Declaration by the Court- The court can officially declare that someone broke GI laws, and confirm that the goods do not meet the standards of the real GI product.

    
    

2. Criminal Remedies (Through Criminal Law)

These are more serious actions and can lead to punishment like jail time or heavy fines:

• Penalties Under GI Law- If someone is caught misusing a GI, they can face a fine of up to ₹2 lakh and/or jail time up to 3 years.

• Charged for Fraud or Cheating- If the misuse involves cheating or forgery, the person can also be punished under Indian Penal Code (IPC) sections for fraud (Section 420) and forgery (Section 468).

• Seizing and Destroying Fake Products- Authorities can take away and destroy the fake goods — including any packaging that might mislead buyers.

Geographical Indications (GIs) are special names given to products that come from a certain place and are famous because of that location. For example, Darjeeling Tea and Scotch Whisky are known for their unique taste and quality. GIs help protect local traditions, support small producers, and make sure customers get the real product. India has had a law since 1999 to register and protect such products. Even courts in other countries respect these rights. But problems like fake products, lack of awareness, and weak law enforcement still remain. Protecting GIs helps save local culture and boost local businesses.

• Diva Rai, All About Geographical Indications, iPleaders (Dec. 9, 2023), https://blog.ipleaders.in/geographic-indication-law-in-india/.

• Geographical Indication Infringement Cases: Facts, Issues & Judgments, The Legal School (last visited Oct. 27, 2025), https://thelegalschool.in/blog/geographical-indication-infringement-cases.

• The Geographical Indications of Goods (Registration and Protection) Act, No. 48 of 1999, § 1 (India) (Dec. 30, 1999), https://www.indiacode.nic.in/bitstream/123456789/1981/5/A1999-48.pdf.