What a Geographical Indication Is

In one line

A geographical indication is a sign that tells a buyer where goods come from, in a case where the place explains why the goods are as good as they are.

In the wording a student can write in an exam: by section 2(1)(e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999, a geographical indication, in relation to goods, means 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 the case of manufactured goods one of the activities of either the production or of the processing or preparation of the goods concerned takes place in such territory, region or locality.

Start with three examples

Darjeeling. Tea grown on the slopes of one district of West Bengal, at an altitude and in a soil and climate that give it a taste no other tea has. The name tells the buyer where it is from and, because of where it is from, what it will taste like.

Kolhapuri Chappal. A leather sandal made by hand in a particular region of Maharashtra and Karnataka, by a technique passed down within communities there.

Champagne. Sparkling wine from one region of France, made by one method. Wine made the same way in Nashik may be excellent, but it is not Champagne.

In each case three things are true at once. There is a place. There are goods. And the place explains something about the goods.

The definition taken apart

Section 2(1)(e) has four elements. All four must be present.

One: an indication. Defined in section 2(1)(g): "any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of goods to which it applies". So it need not be a word. A picture of a landmark can be a geographical indication.

Two: which identifies goods. Defined in section 2(1)(f): "any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff". The definition is wide, but it is goods. This is the point the Calcutta High Court applied in Tea Board v. ITC Ltd., 2011 SCC OnLine Calcutta 2422: the focus of the Act is on goods, and a lounge in a hotel is a service.

Three: as originating or manufactured in a territory, region or locality. The place may be a country, a region within a country, or a locality within a region.

Four: where a given quality, reputation or other characteristic of the goods is essentially attributable to its geographical origin. This is the link, and it is the heart of the definition. Note that any one of quality, reputation or other characteristic will do. Reputation alone is enough, which is generous, and it is why a purely historical association can support a geographical indication.