Table of Contents
WHAT IS GI TAG?
- Geographical Indication tag.
- Every region boosts of something unique and the products are their claim to fame.
- The products are combination of the best of man and nature and it has been carefully preserved and handed over for generations. In order to celebrate and recognise the unique identity connecting the products and places, the famous GI tag was developed.
NOTES
- The Indian Parliament passed Geographical Indications of Goods (Registration and Protection) Act, 1999 which aimed at providing a registration and also protection of GI of the goods in India.
- This Act is administered by the Controller General of Patents, Designs and Trade Marks, who is also the Registrar of Geographical Indications.
THE PROPER TEXTBOOK DEFINITION
- According to section 2 (1)(e) of the Act, Geographical indication has been defined as
- “An indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.”
WHY IS GI-TAG IMPORTANT?
- It boosts exports.
- It can boost tourism.
- The farmers benefit
- Will boost MSME sector
- Fakes can be stopped
EFFECT OF REGISTRATION AND INFRINGEMENT
- Registration gives right to institution of suit against infringement and recovery of damages for such infringement.
- Any person who falsely applies or falsifies any geographical indication, tampers the origin of a good, make or have in possession of dye, blocks, machines to use in falsification of GI may be punished shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakhs rupees.
GI MECHANISM: INTERNATIONALLY
- Under WTO–> Trade related Intellectual property rights (TRIPS), the Member nations have to respect geographical indications.
- They’ve to take measures to prevent violation of GI rights. (e.g. order custom authorities seize bogus products.)
- If a product enjoys GI status in member nation “A” then, Member nation “B” should not grant trademark for the same.
CHALLENGES
- Darjeeling tea became the first GI-tagged product in India, in 2004–05. Since then over 300 goods have been added to the list.
- India’s vast and vibrant agricultural and food varieties along with inter-regional variations also make it difficult while applying for GI AN EXAMPLE
- The latest case in point is Madhya Pradesh’s claims of GI tag for the basmati grown in the state and also its dispute with neighboring Chhattisgarh for ‘kadaknath’ chicken (a particular black chicken breed grown largely in tribal areas of the state).
- The GI Registry on March 15 rejected the Madhya Pradesh government’s claim over GI tag for basmati rice. The state has challenged the order in the Madras high court.
NOTES
- Kadaknath Chicken, which is one of the rarest poultry breeds of India, is famous for its black meat, low cholesterol, high protein, quality, texture and taste. It is sold at over Rs 500 per kilogram.
- Post-the GI tag, sources said its price in the market has zoomed and in some cases crossed even Rs 1000 a kg.
CHALLENGES
- Lack of information as to how to apply for a GI Tag persists.
- In India there is urgent need to have a body which can guide or handhold all GI applicants as to what is required and how the process could be mastered or else rejections would continue to be high given the diverse number of products and cuisines and process that India possesses, unmatched by many countries globally
SOME OF THE RECENT GI TAGS
- The government has granted Geographical Indication (GI) tag to the Alphonso Mango from Ratnagiri, Sindhudurg and other adjoining areas in Maharashtra, a move that will help identify the authenticity of this variety of fruit.
- The king of mangoes, Alphonso, better known as ‘Hapus’ in Maharashtra, is in demand in domestic and international markets for its taste, pleasant fragrance and vibrant colour.
OTHER GI TAGS (2018)
- Boka saul rice – rice variety from Assam gots GI tag
- Chennai based Geographical Indication Registry has awarded Geographical Indication (GI) Tag to two more craft forms from Telangana viz. Adilabad dokra and Warangal Dhurries. Adilabad Dokra is an ancient bell metal craft and Warangal Dhurries is a popular traditional cotton rug. OTHER GI TAGS (2018)
- The Chau mask of Purulia, the wooden mask of Kushmandi, the Patachitra, the Dokras of Bengal, and Madhurkathi (a kind of mat) have been presented with the Geographical Indication (GI) tag (West Bengal)
- Three GI cheers for Bihar: Magahi paan, Jardalu mango(Zardalu), Katarni rice get exclusive tag
NOTES
- Katarni rice is known for its unique taste and aroma. The short grained rice is grown natively in Bhagalpur and Banka districts of Bihar.
- Zardalu mangoes are grown in Bhagalpur district. A Zardalu mango usually weighs between 220gm and 250mg.
- Magahi paan is an expensive variety of betel which is grown in Aurangabad, Gaya and Nalanda districts of central Bihar. It’s non-fibrous, sweeter, tastier and the softest of the lot.
OTHER GI TAGS (2018)
- Nilambur teak of Kerala
- Nilambur teak is famous for its quality. One of the world’s most sought after woods, it has unique features like a large size, durability and its distinctive colour. Nilambur teak is said to possess high resistance to fungal decay and also exhibit antioxidant properties.
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