National Horticulture Conference
Geographical Indication in the
context of Horticulture crops.
14 November 2006
Government of India
Selection exerted by different groups in bringing
Distinctness and Uniformity in fruit tree crops.
OOO OOO OOO
OOO OOO OOO
OOO OOO OOO
Folk variety. Farmers’ Variety
Germplasm. Some selection done. nearly Uniform
Mixture Heterogeneous and Distinct. Homogenous, Uniform
root stock. On standard
ECONOMIC IMPLICATIONS OF GIs
PROTECTION OF GIs IMPORTANT:
Improves the income of farmers and
retains the rural population in less
favored remote areas
Protects consumers against acts of
unfair competition by ensuing correct
Acts as a vehicle for producers to
compete on quality rather than quantity
ECONOMIC IMPLICATIONS OF
These products are sold at a premium today both in the
domestic and international markets
To derive economic benefits out of these products, the
first step is to register them as geographical indications
under the new Indian law
Indian rights holders should definitely take clues from
certain zealously protected European GIs such as
Champagne and Scotch whisky
Let’s look at the Champagne example…
POLICY DECISION OF
GEOGRAPHICAL INDICATIONS IN
Administered by the Comité Interprofessionelle du
Vin de Champagne (CIVC): a body of private
Champagne growers and houses
The Champagne vineyards were planted as early
as 1908: the Champagne Appellation marked out
The region clearly identified and strictly limited by
law since 1927
Quality strictly regulated in terms of grape varieties,
selection, processes of double fermentation,
indication on the produce etc.
LOCTION AND VINE YARDS CLEARLY
REGULATED AND MARKED.
The TRIPS Agreement sets forth
standards to regulate international
intellectual property protection and
enforcement and establishes
international minimum standards for
the protection of geographical
The GI Act
The ‘Geographic Indication” in relation to goods,
means an indication which identifies such goods
as agricultural goods, natural goods or
manufactured good as originating or
manufactured in the territory of a country or a
region or ………… where a given quality
reputation or other characteristic of such good is
essentially attributed 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.
What decides the
The quality of the product is attributed
essentially due to its geographical origin
and if it is of goods either the raw material
production or processing or the
preparation shall take place in such
GI granted should be guarded.
Gaining credibility as GI is time demanding
process and to carve an aurora about the GI
takes decades if not centuries.
Creating a positive impression of the product
quality, the environmental virtue and human skill
of the area and the premium price commanded all
happens in a gentle manner over a protracted
period of time and through varied assessment
The GI must on the client create a positive mental
image about the product then the GI can be
considered to have some virtue.
Immigrants induced GI confusion .
Immigrants carried with them their ethnic craft,
plants to their new found land. They even
named in the new territory provinces, cities,
streets, rivers and mountain similar the ones in
their “original homeland”.
With several subsequent minor modifications
now many food stuffs and farm products are
marketed with brand names and GI overlapping
with that of their “original homeland”. This
situation has created enormous confusion in the
market place between original and new
GI needs examination
GI is a generic indication applicable to all in a
particular geographic location and is generally
applied for a product Ex. Maliabad mango, Ratnagiri
Where as, FV refers to farmer evolved plant variety
occupying a geographic location and refers to the
plant variety Ex. Alphanso types, Dasheri types.
The “haplotype” can have minor site specific
variation as Dasheri 1, Dasheri 2 etc.
Use of homonymous names (denomination) for both
FV and GI will lead to confusion.
GI and FV
Conflict may arise if GI and FV registration are
done for the same material and for the same
purpose without a proper elaboration.
GI is invariably for a product and not necessarily
for a produce.
GI indicates that the “product” originates from a
specific geographical region, as it is for reasons
of geographic environment, including natural
and human factors.
GI and Traceability
GI or AO
French machine that makes grafting.
Grapes grafted in seconds
TRIPS requirements and GI
The TRIPS contains two protection
standards for GI and Article 22 (2) requires
countries to provide a legal means to
prevent the use of GI that suggest that the
goods originates in a geographic area
other than the true place of origin.
And Article 22 (3) requires the countries to
keep in place a legal system to invalidate
the registration of trademark, which
contains a GI with respect to goods not
originating in the territory indicated.
GI for protecting livelihood security.
Inthe Uruguay Round of WTO
negotiations, Geographic Indications
(GIs) on wines and spirits were
granted protection beyond those for
other products under Article 23 of the
And in the Doha Round member
nations are desirous of extending
above type of protection to some
other important goods as well.
TM and GI what separates them.
There are fundamental differences
between Trade Mark (TM) and GI. The TM
identifies a manufacturer, imply certain
level of human creativity and can be used
only by one agency or entity.
On the contrary, the GI denotes the source
of origin, the product quality or specialty
that the consumer prefers is governed by
the specific environment. There is no
originality or invention or discovery
involved in TM.
The GI registry
The Registrar of the Controller –
General of Patents, Designs and
Trade Marks Act (PD&TM Act), 1999
shall construe the GI in the Registry.
The TRIPS agreement says “to be
eligible for a GI, good must posses a
quality, reputation or other
characteristics attributable to its
GI for Mango
If we now start seriously thinking of getting for
Maliabad mango / Dashere or Ratnagiri mango /
Alphanso start collecting data and frame rules
and governance procedure it will take good ten
years before GI and its coverage in different part
of the world is achieved.
Then trade monopoly for those mango types can
be accomplished to benefit the grower by getting
higher price for the fruit.