Darjeeling Tea to Similipal Kai Chutney – A Journey of Gi Tags in India

19th August, 2024 - 7:08 am Categories: Geographical Indication (GI) Trademark 0 Comments

INTRODUCTION

What are Geographical Indications 

Geographical indication or as we know GI is a sign that denotes a product of a particular location or locality or originated from that locality or geographical location. The said product possesses a distinct reputation and quality of the place from where it is originated. GIs are commonly registered on a product that is produced by rural or Indigenous communities over generations that have gained a great reputation at both the international and national level due to the product’s unique and distinct qualities.

GIs in India are a matter of national pride and cultural inheritance. It is an ingredient of unique or distinct cultures and ancient traditions of India. Each reputation was precisely built up and thoroughly conserved by the people of that locality or region, traditionally turned over from one generation to the next generation for centuries.[1]

Generally, a geographical indication contains the name of the place from which the goods are originated, e.g., Darjeeling tea, Mysore Pak, Goa feni, etc. Nevertheless, it need not be a geographical name from which it originates necessarily, e.g., Basmati Rice, Alphonso mangoes, etc.

A Geographical indication is not a private property rather it is a collective property. In most of the countries, GI can be registered, by an association representing the interest of a group of persons who are producers of the product. Hence, the right attained from the GI registration does not compose a private ownership instead it is a public property which is owned by the producers of the said product.

As per Article 22.1 of the TRIPS Agreement, GI is defined as –

“Indications which identify a good as originating in the territory of a member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin[2]”

The Reasoning behind the protection of GI is two-fold 

The protection of producers and the protection of Consumer’s interest.

GI or Trademark 

Trademark rights are personal rights owned by the trademark holder who exerts absolute control over the use of that particular trademark corresponding to the said goods or services. Whereas GI rights are collective rights owned by a community or association of producers from a designated or particular region.

[Image Sources: Shutterstock]

Geographical indications recognize the product from the place of origin of the said product. Compared with, a trademark recognizes a product or service as originating from a specific company or seller.

A trademark mostly contains an arbitrary or fanciful sign. Contrary to this, the name used as a geographical indication is generally pre-established by the name of a particular geographical area.

Lastly, a trademark can be allocated or licensed to any person or anybody throughout the world, because it is associated with a particular company and not with a specific region. In comparison with, a GI possibly be used by anyone in the area from where the sign originated, who produces the product concerning the prescribed quality, but because of its association with the origin of a particular place, a GI cannot be allocated or licensed to anyone outside that area or not associated to that group of authorized producers.[3]

WHY GEOGRAPHICAL INDICATION IS IMPORTANT

Geographical Indication tags have a pivotal role in the contemporary world, providing a potential for profit that contributes remarkably to both domestic and international market in terms of economy and trade, respectively. The significance of the GI goes far away from just the branding. They carry out as an essential tool for the development of economics, the protection of consumers, and the cultural heritage of India[4].

There are many advantages of GI tags in India, some of them are 

• GIs are said to be an important instrument in uplifting export activities. These GI tags distinguish them in the international market by giving a distinct identity to products connected with a particular geographical origin. The distinction increases the visibility and appeal of the goods or products to foreign consumers, enhancing the opportunity for demand and export[5]. For example, goods like Basmati Rice and Darjeeling Tea are acknowledged throughout the world for their distinct qualities associated with their place of origin. Subsequently, the producers of the said good can charge premium prices and gain a more significant share of the international market, by such means helping the national economy.
• GIs contribute to the economic wealth of producers. GIs increase the trust of consumers and demand for these products both nationally and internationally by setting up a connection between the place of origin and the goods. In this way, the growing demand benefits the producers by allocating them better access to the marketplace and increased revenue. The elevated economy of producers can result in more secure income, a surge in revenue in domestic infrastructure, and the growth of the economy in many regions.[6] For instance, Kanjivaram Silk Sarees have acquired remarkable popularity and demand because of their GI tag, which maintains their income in Kanchipuram.
• Another remarkable advantage of GIs is the growth of economic wealth. These GI tags help generate and support economic value in domestic communities by making sure that the goods with GI tags are acknowledged and guarded. This successively encourages geographical development and investment. The positive effect on regional economics is evident in the growth of secondary industries and services that help GI goods, some of them are hospitality, retail, and tourism.[7]
• Furthermore, GIs are said to be an important instrument in making sure that consumers get high-quality goods with favorable traits. GIs give consumers with trust in the quality and the product’s origin that they buy by promising authenticity and compliance to particular standards.[8] For instance, customers purchasing Mysore Pak can be guaranteed its authenticity and method of preparation traditionally, increasing their overall pleasure and confidence in the goods.
• Additionally, GIs promote in enhancing the trade and tourism. The identification of GI products mostly draws tourists fascinated in experiencing authentic domestic products and traditions. This inflow of tourism can enhance domestic economies and generate more income streams for the communities[9]. For example, the prestige of the Goa Feni has not only enhanced its trade but also drew tourists excited to experience this distinct domestic beverage.
• GIs are also important in retraining the unofficial use of preserved goods. GIs prevent counterfeiters and unofficial producers from utilizing the reputation of GI goods by constituting protections and legal frameworks. This protection sustains the integrity and rarity of the goods, protecting both the consumer’s and producers interests.

HISTORY OF LEGAL FRAMEWORK OF GI TAGS IN INDIA

The Geographical Indications of Goods (Registration and Protection) Act, 1999[10] came in force specifically to deal with the cases for GI tags, is the primary legal framework and governance in India. Previously, The Trade and Merchandise Marks Act, 1958[11] dealt with the protection of geographical names which was very limited and did not particularly address GI tags. The shift from TM Act, 1958 to GI Act, 1999 came with the commitment of India through the agreement on Trade-Related Aspects of Intellectual Property Rights[12] also known as TRIPS under WTO in 1995, which directed the member countries to safeguard Geographical Indications.

The GI Act, 1999 constituted a committed system for GI protection and registration, directed by the Registry[13] in Chennai of Geographical Indications. This act defined GI tags as indications recognizing products from a particular locality where the quality or characteristics are assigned to the origin of the products. The GI Act also allows for legal remedies in case of unofficial use and institutes penalties for the infringement.

Subsequently, India has seen a remarkable growth in GI tag registrations, increasing the protection of local and traditional products. This legal framework has developed to coordinate with international standards, encouraging the distinct products of India worldwide while safeguarding the economic and cultural heritage.

MOST FAMOUS GI IN INDIA

The journey of GI tags in India is a very interesting story of how traditional understanding and distinct geographical products have been acknowledged and safeguarded through legal means. This journey displays the growth of GIs from well-known goods like Darjeeling Tea to little-known but culturally remarkable products such as Similipal Kai Chutney. Below there is an explanation of how this story turned out –

Beginning of GI with Darjeeling Tea

The idea of GIs has attained importance with legendary goods like Darjeeling Tea in India which amidst the first and renowned GI-tagged products in the whole country. In the Darjeeling district of West Bengal, Darjeeling Tea is grown and has been most recognized for its unique flavor and aroma, assigned to the distinct climate conditions and soil of the area. This tea production in Darjeeling started to grow in the 19^th century, and by the end of the 20^th century, there was an increasing need to safeguard these distinct goods from unofficial use and misrepresentation.

GI status was granted to Darjeeling Tea in 2004, which caused a prominent achievement in the journey of India towards safeguarding its distinct geographical products. The tag of GI helped prevent the goodwill of Darjeeling Tea, making sure that only tea produced in Darjeeling could be sold as such and boosting the economic welfare of the domestic tea producers.[14]

The Expansion and Recognition of GI with Basmati Rice and Kanjivaram Silk Sarees

Following the success story of the Darjeeling Tea, the idea of GIs increases to more traditional and geographical-specific goods. One of the most important examples of GI is Basmati Rice which gained the GI tag in the year 2016. It is often grown in the Himalayan foothills region and is honored for its long grains and aromatic scent. The GI for Basmati Rice helped prevent it from copying and guaranteed that rice grown in a particular area of India only could use the esteemed name.[15]

Likewise, Kanjivaram Silk Sarees is well known for their complex designs and exceptional quality of silk, awarded the GI tag to safeguard the authenticity of these well-known traditional garments. These silk sarees are a representation of South Indian traditional heritage. The GI helped protect the distinct craft of Kanjivaram weaving and encouraged domestic artisans.[16]

The Growth of GI continued with Mysore Pak and Goa Feni

As the recognition of the GI spread, more geographical specialities also pursued identification. Mysore Pak, a well-known sweet dish from south India, Karnataka, was given a GI tag to safeguard its traditional recipe and quality. It is made from sugar, chickpea flour, and ghee, and its GI guarantees that only goods made by the traditional process in Mysore can use its name.

Goa Feni is a traditional alcoholic drink which is made from cashew apples or coconut sap that also gained the reputation of GI tag.[17] This status helped prevent this distinct Goan spirit while safeguarding it from fake products and mislabelling.

The latest addition of GI in India is Similipal Kai Chutney

The journey of GI status in India keeps progressing with the involvement of lesser-known but traditionally remarkable goods. One of the most recent additions is Similipal Kai Chutney, which originated from a region in Odisha known as Similpal. The making of this Kai chutney includes spices and wild fruits in the geographically forested regions. The Gi status for this chutney recognizes its cultural preparation process methods and geographical importance.

The incorporation of Similipal Kai Chutney in the registry of the GI shows an increasing admiration for the different culinary cultures of India. It shows the significance of safeguarding and encouraging geographical specialties that may not have worldwide acknowledgment but hold great traditional value.[18]

CONCLUSION

From Darjeeling Tea to Similipal Kai Chutney, the journey of the GI tag in India explains a comprehensive development to acknowledge, safeguard, and encourage the country’s different array of cultural products. This journey is associated with a balanced growth of GI tags in India to cover a thorough range of products, each with a distinct traditional and economic importance. The safeguarding provided by the GI tags not only enhances cultural practices and geographical specialties but also helps domestic economics and encourages a deeper admiration of the rich heritage of India. As more goods are given the status of GI, the journey of GI keeps making the landscape of the craftsmanship and agriculture of India, protecting and celebrating the distinct contribution to worldwide tradition and commerce by the nation.

Author: Devansh Aeron, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

[1] https://docs.manupatra.in/newsline/articles/Upload/CB4FFCFA-3EED-4232-9174-CEED00B5B56F.pdf

[2] https://www.wto.org/english/docs_e/legal_e/27-trips_04b_e.htm

[3] https://www.wipo.int/geo_indications/en/faq_geographicalindications.html#:~:text=What%20is%20the%20difference%20between,a%20fanciful%20or%20arbitrary%20sign.

[4] https://www.wipo.int/sme/en/geographical-indications.html

[5] Ibid

[6] Ibid

[7] Ibid

[8] Ibid

[9] Ibid

[10] https://ipindia.gov.in/act-1999.htm

[11] https://wbconsumers.gov.in/writereaddata/ACT%20&%20RULES/Relevant%20Act%20&%20Rules/The%20Trade%20And%20Merchandise%20Marks%20Act.pdf

[12] https://docs.manupatra.in/newsline/articles/Upload/42119A6A-EBC6-471C-8E20-FC10640DEC09.pdf

[13] Section 5, The Graphical Indications of Goods (Registration and Protection) Act, 1999

[14] https://www.wipo.int/edocs/mdocs/geoind/en/wipo_geo_lim_11/wipo_geo_lim_11_11.pdf

[15] https://economictimes.indiatimes.com/news/india/india-deserves-gi-tag-for-its-basmati-rice/articleshow/99386876.cms?from=mdr

[16] https://kancheepuram.nic.in/about-district/gi-tag-product-kancheevaram-silks-and-sarees/#:~:text=The%20Government%20of%20India%20has,region%20in%20Tamil%20Nadu%2C%20India.

[17] https://search.ipindia.gov.in/GIRPublic/Application/Details/120

[18] https://www.downtoearth.org.in/food/mayurbhanj-s-red-ant-chutney-receives-gi-tag-why-this-is-important-for-nutritional-security-of-tribals-93707#:~:text=Why%20this%20is%20important%20for%20nutritional%20security%20of%20tribals&text=The%20Similipal%20kai%20chutney%20made,tag%20on%20January%202%2C%202024.