A geographical indication identifies goods as originating from a particular place, where a given quality, reputation or other characteristic of the goods is essentially attributable to that origin. It is protected under the Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into force in 2003.
A GI is unlike every other intellectual property right in one fundamental respect: nobody owns it individually. It is a collective right, held for the benefit of the producers of the region, applied for by an association or authority representing them, and — critically — incapable of being assigned or licensed away. For a producer group in or around Delhi, this page sets out who may apply, what registration achieves, and how it is enforced.
Where a geographical indication is registered
- Registering office
- Geographical Indications Registry, Chennai — a single national office
- Territorial jurisdiction
- All of India; there is no state-wise or city-wise split
- Who may apply
- An association of persons, producers, organisation or authority representing the producers — not an individual trader
- Statutory basis
- Section 11, GI Act, 1999
- Registry address
- Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 600 032
- Registered GIs in the National Capital Territory of Delhi
- None on the register at present
There is one Geographical Indications Registry in India, at Chennai, and it deals with applications from every state. There is no territorial division of offices as there is for trade marks and patents, so a producer association in Delhi files to the same registry as one anywhere else.
The applicant is not the producer. Under Section 11 of the GI Act, 1999, an application may be made by any association of persons or producers, or any organisation or authority established by or under law, representing the interest of the producers of the goods concerned. An individual manufacturer cannot obtain a GI for itself. Individual producers instead register separately as authorised users under Section 17, which is what entitles them to use the indication and to sue for infringement.
The National Capital Territory of Delhi has no geographical indications of its own on the register at present. That does not make GI work irrelevant here: Delhi is a major centre of trade and distribution, so the matters that arise tend to be enforcement against misuse of GIs belonging to other regions, advisory work for producer associations elsewhere, and opposition and rectification proceedings.
How the firm acts for a client in Delhi
Geographical indication applications are filed to a single national registry at Chennai and prosecuted electronically. The points below set out how the firm conducts a geographical indication matter for a client based in Delhi.
Applications, authorised user applications, oppositions and renewals are filed to the Geographical Indications Registry at Chennai, whichever state the producers are in. There is no Delhi GI office.
A GI application stands or falls on the statement of case — the history, the defined geographical area, the production method, the quality characteristics attributable to origin, and the inspection structure that will police it. That is documentary work done with the association.
Because the right is collective, the firm’s engagement is usually with the association or authority representing the producers, and covers its constitution, its inspection mechanism, and the authorised user registrations of its members.
Where an infringement action requires appearance before a court in the National Capital Territory of Delhi, the firm associates local counsel who appears on the record, and continues to conduct the matter itself.
What the firm handles in geographical indication matters
- GI applications for producer associations and cooperatives
- Authorised-user registrations
- Opposition, infringement and unauthorised-use proceedings
- Advisory on GI logos, packaging and quality control
The two registrations — and why both are needed
A GI involves two distinct entries on the register. Producers who obtain only the first, and never the second, find they cannot sue.
Registration of the geographical indication
Sections 11 and 16, GI Act, 1999
- Applied for by an association of persons, producers, organisation or authority representing the producers
- The applicant must represent the interest of the producers — it does not become the owner in any personal sense
- Requires a statement of case establishing the link between the quality or reputation and the geographical origin
- Requires a defined geographical area of production, and a description of the method of production
- Requires an inspection structure to maintain the quality characteristics
- Registered for ten years and renewable indefinitely
Registration as an authorised user
Section 17, GI Act, 1999
- Applied for by an individual producer of the goods within the defined geographical area
- Made jointly with the registered proprietor of the GI
- This is what gives the producer the exclusive right to use the indication in relation to the goods
- Only a registered proprietor or an authorised user may institute an infringement action under Section 21
- Registered for ten years, or until the GI registration expires, whichever is earlier
- Without it, a producer inside the region still has no personal enforceable right
This is the most common practical failure in Indian GI practice. A GI is registered with much publicity, and then very few of the producers it was obtained for ever register as authorised users. The indication is protected on paper while the individual producers remain unable to bring proceedings in their own name.
Why a GI is not a trade mark
A trade mark distinguishes the goods of one undertaking from those of another, and it is private property: it can be sold, licensed, mortgaged and franchised. A geographical indication does the opposite. It identifies goods as coming from a place, and it belongs to all qualifying producers of that place collectively.
Section 24 of the GI Act, 1999 makes the point unmistakable. A geographical indication is not a subject matter of assignment, transmission, licensing, pledge, mortgage or any such agreement. It cannot be sold, and a producer cannot take a licence to use it from outside the region. The right passes only on the death of an authorised user, to their successor.
Section 25 prevents the two systems from colliding: the Registrar of Trade Marks is required to refuse or invalidate a trade mark which contains or consists of a geographical indication for goods not originating in the territory indicated, where its use would be likely to confuse or mislead. A trader cannot appropriate a regional name as a private mark.
One further feature has no trade mark equivalent. Under Section 22(2) the Central Government may notify certain goods as ones for which additional protection applies, so that use of the indication on goods not originating there is actionable even where the true origin is stated or the indication is accompanied by expressions such as "kind", "style" or "imitation".
What a GI application has to contain
A GI application is far more evidential than a trade mark application. Most of the work is assembling the statement of case.
- Application in Form GI-1, filed in triplicate, by the association or authority representing the producers
- A statement of case setting out how the indication serves to designate the goods as originating from the region, with the historical record supporting it
- The class of goods under the classification prescribed by the GI Rules, 2002, and the specification of the goods
- A precise map and description of the defined geographical territory of production
- A description of the method of production, processing or preparation, and of the quality, reputation or characteristics attributable to the origin
- Particulars of the inspection structure that will verify that the standards are maintained
- The full particulars of the producers on whose behalf the application is made
- Power of attorney where an agent or advocate is appointed
Applications are examined by a Consultative Group of experts, which assesses the statement of case before the application proceeds. Weak historical or technical evidence at this stage is the usual reason an application stalls.
How an application proceeds
- 01 Establish the applicant body
Because only an association, organisation or authority representing the producers may apply, the first step is often constituting or regularising that body and confirming that it genuinely represents the producers of the defined region.
- 02 Build the statement of case
The historical, cultural and technical record is assembled to show that the quality, reputation or other characteristic of the goods is essentially attributable to the geographical origin. This is the substance of the application.
- 03 Define the territory and the inspection structure
The geographical area is mapped and described, the method of production recorded, and an inspection body identified that will police compliance after registration.
- 04 Filing in Form GI-1
The application is filed with the Geographical Indications Registry at Chennai, in triplicate, with the statement of case and supporting material.
- 05 Examination and the Consultative Group
A preliminary examination is carried out and the application is placed before a Consultative Group of experts, which scrutinises the statement of case. An examination report is issued and must be answered.
- 06 Advertisement and opposition
On acceptance the application is advertised in the Geographical Indications Journal. Any person may oppose within three months of advertisement, extendable by one month, under Section 14.
- 07 Registration
If unopposed, or if the opposition is decided in the applicant’s favour, the geographical indication is entered in Part A of the register for ten years, renewable indefinitely under Section 18.
- 08 Authorised user registrations
Individual producers within the region then apply in Form GI-3, jointly with the registered proprietor, to be entered in Part B as authorised users. Only this gives each producer the right to use the indication and to sue.
Geographical indication compared with a trade mark
| Geographical indication | Trade mark | |
|---|---|---|
| Who holds it | The producers of a region, collectively | One proprietor |
| Who may apply | An association or authority representing producers | Any person claiming to be the proprietor |
| Can it be sold or licensed | No — Section 24 prohibits assignment, transmission and licensing | Yes — assignable, licensable and franchisable |
| What it signifies | Origin in a defined place, and qualities attributable to it | Trade origin in one undertaking |
| Who may sue | The registered proprietor and registered authorised users — Section 21 | The registered proprietor, and a registered user as permitted |
| Term | Ten years, renewable indefinitely | Ten years, renewable indefinitely |
Government fees for geographical indication registration
| Matter | Fee |
|---|---|
| Application to register a geographical indication (Form GI-1) | ₹5,000 |
| Application for registration as an authorised user (Form GI-3) | ₹500 |
| Notice of opposition (Form GI-2) | ₹1,000 |
| Renewal of a geographical indication (Form GI-4) | ₹3,000 |
| Renewal of an authorised user registration | ₹1,000 |
| Application for rectification of the register | As prescribed |
These are the statutory fees payable to the Geographical Indications Registry under the First Schedule to the Geographical Indications of Goods (Registration and Protection) Rules, 2002. They are not the firm’s fees. Riva Legal Associates does not disclose its professional fees on this website; the fee for a particular matter is set out in the engagement letter before work begins. Figures are given for general information and are subject to amendment of the Rules.
How a geographical indication is enforced
- Infringement under Section 22 — using the indication on goods not originating in the region in a manner that misleads, or that constitutes unfair competition, or that falsely represents the origin.
- Additional protection for notified goods under Section 22(2), where use is actionable even if the true origin is indicated or the indication is used with expressions such as "kind", "style", "type" or "imitation".
- Only the registered proprietor and registered authorised users may sue under Section 21, which is why authorised user registration is the practical precondition to enforcement.
- Falsely applying a geographical indication is an offence under Sections 38 to 40, carrying imprisonment and fine.
- Registration is prima facie evidence of validity under Section 23 in proceedings, which shifts the evidentiary burden materially.
- Border measures — recording rights with Customs allows infringing imports to be detained at the point of entry.
Rectification of the register may be sought under Section 27, including where the indication has ceased to be protected in its country of origin or has fallen into disuse there.
Where a geographical indication dispute from Delhi is heard
Section 66 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 provides that no court inferior to a District Court having jurisdiction shall try a suit for infringement of a registered geographical indication or for passing off. A suit therefore starts at the district level at least.
In Delhi the Delhi High Court exercises ordinary original civil jurisdiction, so a suit above the pecuniary limit fixed for the courts below may be instituted before the High Court itself, and below that limit before the Commercial Courts at the District Courts of Delhi.
Section 66 also carries a forum provision similar to the one in copyright: the suit may be instituted in the district court within whose jurisdiction the person instituting it resides or carries on business, which allows a producer association to sue where it is based rather than having to follow the infringer.
Opposition and rectification proceedings are conducted before the Registrar of Geographical Indications at Chennai. Appeals lie to the High Court following the abolition of the Intellectual Property Appellate Board by the Tribunals Reforms Act, 2021. Offences under Sections 38 to 40 are prosecuted before the jurisdictional criminal court.
The Delhi High Court created the first Intellectual Property Division in India in July 2021, following the abolition of the Intellectual Property Appellate Board, and notified the Delhi High Court Intellectual Property Rights Division Rules, 2022 in February 2022. The IPD hears IP suits, appeals from the Registrar and the Controller, rectification and revocation petitions together, under a single case-management regime. It is the most developed IP forum in the country, and its jurisprudence is followed elsewhere.
Geographical indications and Delhi
The National Capital Territory of Delhi has no geographical indications of its own on the register maintained by the CGPDTM. Producer associations elsewhere hold the indications; Delhi features in GI work as a market rather than as a place of origin.
That shapes the kind of matters that arise. They are predominantly enforcement — goods sold in Delhi bearing the name of a region they do not come from — together with opposition and rectification proceedings, and advisory work for associations based in other states whose products are traded here. Because Section 66 permits a suit where the plaintiff carries on business, and because much of the national wholesale and retail trade passes through the city, Delhi is a common venue for infringement actions concerning indications originating far away.
Relevant statutory framework
- Geographical Indications of Goods (Registration and Protection) Act, 1999
- Geographical Indications of Goods (Registration and Protection) Rules, 2002
- TRIPS Agreement, Articles 22 to 24
- Trade Marks Act, 1999 — Section 25
- Commercial Courts Act, 2015
- Tribunals Reforms Act, 2021
Frequently asked questions
Where is a geographical indication from Delhi registered?
At the Geographical Indications Registry, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai. It is the only GI registry in India and it handles applications from every state, so there is no territorial split and no local office to attend.
Can an individual business obtain a geographical indication?
No. Under Section 11 of the GI Act, 1999 the applicant must be an association of persons or producers, or an organisation or authority established by or under law, representing the interest of the producers of the goods. An individual trader or manufacturer cannot hold a GI. Individual producers instead register as authorised users under Section 17.
What is the difference between the GI proprietor and an authorised user?
The registered proprietor is the body that applied on behalf of the producers, entered in Part A of the register. Authorised users are the individual producers within the defined region, entered in Part B on a joint application with the proprietor. The distinction matters because only a registered proprietor or a registered authorised user may bring an infringement action under Section 21. A producer who has not registered as an authorised user has no personal right to enforce.
Can a geographical indication be sold or licensed?
No. Section 24 of the GI Act, 1999 expressly provides that a geographical indication is not a subject matter of assignment, transmission, licensing, pledge, mortgage or any such agreement. It is a collective right tied to a place, and it cannot be transferred out of that place. The only movement permitted is succession on the death of an authorised user.
How long does a GI registration last?
Ten years, and it may be renewed indefinitely for further periods of ten years under Section 18. An authorised user registration runs for ten years or until the GI registration expires, whichever is earlier, and must be renewed separately.
Does the National Capital Territory of Delhi have any registered geographical indications?
Not at present. The state-wise register published by the CGPDTM records no geographical indications originating in the National Capital Territory of Delhi. Matters arising here are therefore usually enforcement against misuse of indications belonging to other regions, or advisory work for producer associations based elsewhere.
Can a geographical indication be used as a trade mark?
Generally not. Section 25 of the GI Act, 1999 requires the Registrar of Trade Marks to refuse or invalidate a trade mark which contains or consists of a geographical indication for goods not originating in the territory indicated, where its use would be likely to confuse or mislead. The two systems are deliberately kept apart so that a regional name cannot be appropriated as private property.
What is additional protection under Section 22(2)?
For goods notified by the Central Government, protection extends beyond misleading use. Using the indication on goods not originating in the region becomes actionable even where the true place of origin is stated, or where the indication appears with qualifiers such as "kind", "style", "type" or "imitation". Without that notification, such qualified use may escape liability.
Can the firm act in a Delhi geographical indication matter from Jaipur?
Applications, authorised user registrations, oppositions and rectifications are filed to a single national registry at Chennai and prosecuted electronically, so this work does not depend on the location of the advocate. Where an infringement action requires appearance before a court in the National Capital Territory of Delhi, the firm associates local counsel who appears on the record. The firm’s chambers are in Jaipur.
Riva Legal Associates works from a single chambers in Jaipur, Rajasthan and does not maintain an office in Delhi. Matters requiring appearance before a court in the National Capital Territory of Delhi are handled in association with local counsel.
This page is published for general information about the law and procedure that applies to a business in Delhi. It is not legal advice, an advertisement, or a solicitation, and it should not be relied upon as a statement of the law applicable to any particular matter. For advice on a specific matter, please contact the firm or consult a qualified advocate.
Other intellectual property matters in Delhi
Geographical Indications in other cities
The firm accepts matters from clients across India, in association with local counsel where appearance in another state is required.
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