The Geographical Indications of Goods (Registration and Protection) Act, 1999
The Geographical Indications of Goods (Registration and Protection) Act, 1999, Act No. 48 of 1999, is a Central law enacted by Parliament to provide for the registration and better protection of geographical indications relating to goods across India. The text provided shows that this law has been affected by The Tribunals Reforms Act, 2021 and The Jan Vishwas (Amendment of Provisions) Act, 2023, and it sets up the registration system, defines who can be registered, and provides rights, enforcement and penalties relating to registered geographical indications.
What this law is about
The Geographical Indications of Goods (Registration and Protection) Act, 1999, Act No. 48 of 1999, is a Central law that applies to the whole of India. Parliament enacted it to provide for the registration and better protection of geographical indications relating to goods.
A geographical indication is defined here as an indication that identifies goods as agricultural goods, natural goods or manufactured goods as originating, or being manufactured, in a country, region or locality where a given quality, reputation or other characteristic is essentially attributable to that geographical origin.
Who it affects
The Geographical Indications of Goods (Registration and Protection) Act, 1999 affects people and organisations connected with goods identified by place of origin, including:
- producers of agricultural, natural, handicraft and industrial goods
- persons who process or package agricultural goods
- traders or dealers connected with such goods
- associations of persons or producers, and organisations that may be entered as registered proprietors
- authorised users registered under the Act
The definition of goods includes agricultural, natural and manufactured goods, handicraft goods, industrial goods and food stuff.
What the law sets up
The Geographical Indications of Goods (Registration and Protection) Act, 1999 creates the administrative system for registration.
- The Controller-General of Patents, Designs and Trade Marks is the Registrar of Geographical Indications.
- A Geographical Indications Registry must be established.
- A Register of Geographical Indications must be kept, with entries for registered geographical indications, proprietors, authorised users and other prescribed matters.
- The register may be maintained wholly or partly in electronic form.
What the law covers
From the chapter list in the text provided, the Geographical Indications of Goods (Registration and Protection) Act, 1999 covers these main areas:
- conditions for registration
- application, advertisement, opposition, correction and amendment
- registration of authorised users
- duration, renewal, removal and restoration of registration
- rights conferred by registration
- infringement of registered geographical indications
- prohibition on assignment or transmission
- interaction with trade marks and protection to certain prior trade marks
- rectification and correction of the register
- appeals to the High Court
- offences, penalties, search, seizure and prosecution
- civil suits for infringement and available relief
- public inspection of documents, reports, fees and rule-making powers
Why it matters in practice
The Geographical Indications of Goods (Registration and Protection) Act, 1999 matters if a product's reputation or characteristics depend on where it comes from. The text also makes clear that there is no action for infringement of an unregistered geographical indication, while registration confers rights and creates a formal record of proprietors and authorised users.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this law apply in Tamil Nadu only or across India?
The Geographical Indications of Goods (Registration and Protection) Act, 1999 extends to the whole of India. It is not limited to Tamil Nadu.
What kinds of products can be covered by a geographical indication under this law?
The law covers goods identified by geographical origin, including agricultural goods, natural goods and manufactured goods. The definition of goods also includes handicraft goods, industrial goods and food stuff.
Who can be recorded in the register?
The register contains registered geographical indications, the names, addresses and descriptions of proprietors, and the names, addresses and descriptions of authorised users. A registered proprietor can be an association of persons, an association of producers, or an organisation entered in the register.
Can someone sue for infringement if the geographical indication is not registered?
The chapter list in the text includes a provision stating that there is no action for infringement of an unregistered geographical indication. The law therefore links infringement action to registration.
