Agriculture Observer www.agricultureobserver.com Volume :1 Issue :3 August 2020 Article No. :9 Trade Benefits of Agricultural Commodities Registered under GI Dhananjay N. Gawande1* and Dibendu Datta2 1Scientist, ICAR-National Research Centre for Grapes, Pune, Maharashtra. 2Principal Scientist, ICAR-Indian Institute of Pulses Research, Kanpur, Uttar Pradesh. Corresponding author*: [email protected] ABSTRACT Many agricultural produce pertaining to a specific geographical location have unique quality and taste. The trade interest of farmers producing such location specific premium quality produce can be protected through registration of these products under Geographical Indication (GI) of goods Act. If a product is registered under GI Act, only actual producers (as defined in the registry of the GI good) are eligible for doing commerce. GI Act prevents unauthorized producers from marketing the GI protected goods through legal protection and thus prevent the sale of spurious goods under GI banner. It provides competitive advantage to the producers and also offers consumers the genuine products. INTRODUCTION The marketing of agricultural goods are driven by consumer preferences. Basmati rice and Darjeeling tea fetches premium price for possessing special aroma and flavor. Quality of produce offers the producer the competitive advantage in market. GI Act was placed with the objective to protect the interest of real producers of quality goods originating from a specific geographic territory. Effective implementation of GI act at international level is important to benefit the local people associated with the production of GI goods through commercialization of the products. Genesis of GI in India Consequent upon India joining as a member state of the TRIPS Agreement (Trade Related Aspects of Intellectual Property Rights); a sui generis legislation for the protection of Geographical Indications was enacted in 1999. The Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002 came into force on 15th September, 2003. The Geographical Indications (GI) Registry was established in Chennai with effect from the same date. Article 22.1 of the TRIPS Agreement defines Geographical Indications as “..indications which identify a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin." The Object of the Geographical Indications of Goods (Registration and Protection) Act, 1999 is three fold, firstly by specific law governing the geographical indications of goods in the country which could adequately protect the interest of producers of such goods, secondly, to exclude unauthorized persons from misusing geographical indications and to protect consumers from deception and thirdly, to promote goods bearing Indian geographical indications in the export market” [3]. It was enacted to protect the interest of the original 67 Agriculture Observer 1(3): August 2020 Gawande and Datta producer of unique quality goods that have attained high reputation and fame owing to the specific attributes of a particular geographical area either because of climatic factors or traditional knowledge and skill or combination of both. World Intellectual Property Organization (WIPO) defined geographical indication (GI) as “A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production” [5]. GI is an indication that the good which is being commercialized under that name has originated from a definite geographical territory either as agricultural produce (e.g. Nagpur orange) or natural produce (e.g. Missouri Rock Phosphate) or Manufactured/ handicrafts (e.g. Banarasi saree) or some specific local food product (e.g. Agre ka petha) and it has a special quality or reputation or other characteristics attributable to that origin. Due to involvement of trade related activity, the GI is marginally related to trademarks. A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises. Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory. GI is limited to goods only whereas, in the law, trademark may be registered for services as well. An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered. The registration of a geographical indication remains valid for a period of 10 years. It can be renewed from time to time for further period of 10 years each. Only authorized user has the exclusive rights to the use of geographical indication for trade purpose [4]. Only registered proprietor or authorized users of a registered geographical indication can initiate an infringement action. The registered proprietor of the GI and the authorized user of GI have the right to obtain relief in respect of infringement of the geographical indication. Infringement cannot be filed for an unregistered geographical indication. Registration Process for GI Any association of persons, producers, organization or authority established by or under the law can apply for the registration of a geographical indication. These applicants would be the proprietor of a GI if that GI registered successfully in the Register of Geographical Indication (www.ipindia.nic.in : Geographical Indications (GI) Intellectual Property India). A producer of GI good can apply in a prescribed manner along with prescribed fee for registering him/her as an authorized user of a registered geographical indication. Essential application forms are available online on http://www.ipindia.nic.in/forms- gi.htm . Application must be made in triplicate and duly signed by applicant or his agent. It must furnished the details of the special characteristics, how those standards are maintained and three certified copies of the map of the region to which the GI relates. Fourth schedule of the act has classified the goods to be registered into 34 different classes. For registration in each class, ₹ 5000/- is the prescribed registration fee (http://www.ipindia.nic.in/fees-gi.htm ). Where an application for a GI has been accepted, the registrar shall register the geographical 68 Agriculture Observer 1(3): August 2020 Gawande and Datta indication. The registrar shall issue to the applicant a certificate with the seal of the Geographical indications registry. A registered geographical indication cannot be assigned or transmitted. However, when an authorized user dies, his right devolves on his successor in title. Salient Features of GI a) Like trade mark, GI is used in product marketing b) It is represented in words, figures, graphics, diagrammatic presentations or any specific combination of these indications c) It is a collective intellectual property of the entire community or society d) It represents a specific link between goods and place of their production e) Only registered users can independently exploit the GI for commercial purposes f) GI cannot be assigned or transmitted or pledged or mortgaged g) Initially GI is granted for 10 years and can be renewed further h) Applications of GI can be moved by registered societies or NGO’s or Government organizations Commercial significance of GI registered Agricultural commodities A Geographical Indication (GI) acts as a mechanism that helps producers differentiate their products from competing products in the market and enables producers to build a reputation and goodwill around their products that will fetch a premium price [2]. The use of GI enables producers to get premium price for their goods by the way of market identity. In the regime of global market for agricultural produce and other manufactured or natural goods, GI has assumed importance for providing edge to the agricultural/horticultural products. It will also boost the conservation of traditional knowledge and community skills. Registration of GI is not compulsory but it facilitate registered proprietor and authorized users to take action for infringement and thus allows exclusive right to use the geographical indication for commerce. Well protected and pro-actively used, GIs are a very interesting marketing tool because they can convey a lot of information from the producer to the consumer. GI give the producers of a region the exclusive right to use the indication for their products originating from that region. It also means that they have the right to prohibit any unauthorised use or imitation of the sign on a product that is not from the designated area or which does not have the qualities guaranteed by the GI. Thus GI acts as a signalling device that helps the producers to differentiate their products from competing products in the market and enable them to build a reputation and goodwill around their products which often fetch a premium price. Given