When you buy a box of Darjeeling Tea, you are not just buying tea — you are buying a product whose quality, reputation, and characteristics are essentially attributable to its geographical origin in the foothills of the Himalayas. That assurance is backed by a Geographical Indication (GI) tag. Yet despite being one of India's most commercially valuable IP tools, GIs remain poorly understood by most businesses, artisans, and producers who could benefit from them.
What Is a Geographical Indication?
A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities, a reputation, or characteristics that are essentially attributable to that place of origin. Under Article 22 of the TRIPS Agreement, WTO member countries including India are obligated to provide legal protection for GIs.
Three elements must be present for a GI to qualify for protection:
- The product must originate from a specific geographical location
- The product must have a quality, reputation, or characteristic essentially due to that geographic origin
- The link between the product and its place of origin must be recognised in the market
GIs can protect agricultural products, foodstuffs, wines and spirits, handicrafts, manufactured goods, and natural products. India's rich regional diversity makes it particularly well-suited to GI protection — Indian producers have registered over 400 GIs to date.
GI vs Trademark: Key Differences
GIs and trademarks both identify the source of goods, but they work very differently. A trademark identifies goods as coming from a specific business or individual. A GI identifies goods as coming from a specific place — and the right is shared collectively among all eligible producers in that region. Key differences include:
- Owner: A trademark is owned by a business or individual; a GI is a collective right held by a producer association or state authority on behalf of all eligible producers in the region.
- Exclusivity: A trademark grants exclusivity to one owner; a GI grants the right to use the indication to all producers who meet the defined standards from the specified region.
- Transferability: Trademarks can be licensed or assigned; GIs cannot be assigned, licensed to others, or transferred.
- Generic names: A trademark can lose protection if it becomes generic; a properly enforced GI generally cannot become generic for the protected goods.
💡 Can a product have both a GI and a trademark? Yes. The Darjeeling Tea logo — the distinctive circular design — is registered as a certification trademark in addition to the GI. This provides dual protection: the GI protects the name "Darjeeling Tea" and the trademark protects the specific logo design.
The GI Act, 1999: Legal Framework
India's Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) governs GI registration and protection in India. The Act is administered by the Geographical Indications Registry, currently located in Chennai. Key provisions include:
- Section 9: Absolute grounds for refusal — a GI cannot be registered if it is likely to deceive or cause confusion, is contrary to law, or is generic for the goods.
- Section 22: Infringement — using a registered GI without authorisation, or using a false GI, constitutes infringement. Penalties include imprisonment up to three years and fines up to ₹2 lakh.
- Section 11: Registration is valid for 10 years from the date of application and can be renewed indefinitely for successive 10-year periods.
GI Registration Process in India
GI registration in India follows these steps:
- Filing of application: An application is filed by a producers' association, state government, or any organisation representing the producers. The application must include details of the geographical area, the product's characteristics, and the production process.
- Examination: The GI Registry examines the application for compliance with the GI Act and raises objections if any.
- Advertisement: The accepted application is published in the GI Journal for public opposition.
- Opposition period: Any person may oppose the application within three months of publication.
- Registration: If unopposed or after opposition is resolved, the GI is registered and a certificate is issued.
Separately, Authorised Users must individually apply to the Registry to use the registered GI. Only authorised users may legally use the GI tag on their products.
Famous Indian GI Tags and Their Significance
Darjeeling Tea was India's first GI tag, registered in 2004-05. It protects the distinctive muscatel flavour of tea grown in the specific agro-climatic conditions of Darjeeling district. Producers have used it to command significant price premiums in international markets and to take legal action against counterfeit "Darjeeling Tea" sold globally.
Basmati Rice remains one of India's most commercially contested GIs — particularly in export markets where several countries claim the right to use the name. India has successfully asserted GI protection for Basmati in the EU and many other jurisdictions.
Kolhapuri Chappals gained international attention in 2025 when a PIL was filed alleging that designs from Prada's collection resembled the traditional Kolhapuri leather footwear — illustrating how GIs can be invoked to defend traditional craftsmanship against global luxury brands.
The Surat Cut Diamond received its GI tag in 2026, recognising the distinctive cutting and polishing craftsmanship developed by artisans in Surat that gives these diamonds their characteristic brilliance.
Enforcement: Protecting GI Rights
GI protection is only as strong as its enforcement. Producers and associations can take the following steps against infringers:
- Civil action: Seek an injunction from a District Court or High Court restraining the use of the GI by unauthorised persons, plus damages.
- Criminal complaint: File a criminal complaint under Section 39 of the GI Act — false use of a GI is punishable with imprisonment up to three years and a fine up to ₹2 lakh, repeatable on subsequent offences.
- Customs action: Register the GI with Customs authorities to prevent the import or export of infringing goods at ports of entry.
- International protection: India has bilateral agreements with several countries for mutual GI protection. Indian GIs can also be registered in foreign countries through their national GI systems or applicable multilateral frameworks.
Conclusion
Geographical Indications are a powerful but underutilised IP tool in India. For producers of traditional, regional, and artisanal products, a GI tag provides legal protection, market differentiation, and the ability to command premium prices — both domestically and internationally. As India's export ambitions grow and global attention on cultural appropriation increases, GI protection will only become more commercially significant.
If you produce goods that are distinctive to a region of India and would like to explore GI registration, contact Nikhil Soni & Co. for an IP consultation →
Interested in GI registration or IP protection for traditional products?
Adv. Nikhil Soni provides comprehensive IP advisory services covering Geographical Indications, trademarks, and all forms of intellectual property protection in India.