Registration and Protection of Geographical Indications of Goods

Abstract

The most noticeable difference between intellectual property and other forms of property is that intellectual property is intangible, that is, it cannot be defined or identified by its own physical parameters. It must be expressed in some discernible way to be protectable. Generally, it encompasses four separate and distinct types of intangible property namely — patents, trademarks, copyrights, and trade secrets, which collectively are referred to as “intellectual property.” The Geographical Indications of Goods (Registration and Protection) Act, 1999 contains penal provision for violation of various provisions relating to GIs. The punishment prescribed for the aforesaid offences varies from six months to three years imprisonment and a fine of not less than Rs 50,000 but may extend to Rs 2 lakhs. Further, in India, more than fifty percent of the GI registrations are secured by central or state government entities which is against the objective of the Indian Act that the main object of the Act is to protect those persons who are directly engaged in exploiting, creating or making or manufacturing the goods. The government should create awareness among actual stakeholders and also provide legal access to the needy and streamline the procedure to secure the registration easier.