Economic, Commercial and Intellectual Property Laws · Law relating to Geographical Indications of Goods
Definitions under the Geographical Indications of Goods Act, 1999
Updated 11 October 2026 · Fact-checked
Section 2 of the GI Act, 1999 defines the key terms used in the Act. The most important is geographical indication in section 2(1)(e): an indication identifying goods as originating in a territory, region or locality where a quality, reputation or characteristic is essentially attributable to that origin. Learn each definition and its conditions, then apply it to the facts.
Understand Definitions under the GI Act, 1999
A geographical indication (GI) is a sign that tells buyers where goods come from, and that the goods have a quality, reputation or characteristic because of that place. Think of Darjeeling tea or Kanchipuram silk. The name itself carries value.
The Act opens with definitions in section 2(1). Exam questions often turn on a single word in a definition, so you must know the wording well. Note that clauses (a) and (p) of section 2(1) were omitted by Act 33 of 2021 with effect from 4 April 2021. The remaining clauses are lettered (b) to (o).
The core definition is section 2(1)(e). It has three parts. First, the goods may be agricultural, natural or manufactured. Second, they originate or are manufactured in a country, region or locality. Third, a given quality, reputation or other characteristic is essentially attributable to that geographical origin. For manufactured goods there is an extra condition: at least one of the activities of production, processing or preparation must take place in that territory, region or locality. The Explanation adds that a name which is not the name of a country, region or locality can still be a GI if it relates to a specific geographical area and is used on goods originating from there.
Then come the people and the register. A producer (section 2(1)(k)) differs by type of goods. An authorised user is a person registered under section 17 as a user of a registered GI. A registered proprietor (section 2(1)(n)) is an association of persons or of producers, or an organisation, entered in the register as proprietor. Note that it is not an individual.
Supporting terms complete the picture: indication, goods, name, package, deceptively similar, register, registered and Registrar. Section 2(2) adds that words not defined in this Act but defined in the Trade Marks Act, 1999 carry the meaning given there.
Key rules to remember
- Geographical indication - section 2(1)(e)
- GI = indication + goods (agricultural / natural / manufactured) + origin in territory, region or locality + quality, reputation or characteristic essentially attributable to origin
- For manufactured goods, one of production, processing or preparation must take place in that territory, region or locality.
- Indication - section 2(1)(g)
- Indication includes any name, geographical or figurative representation, or any combination of them, conveying or suggesting the geographical origin of goods
- A picture or symbol can be an indication, not only a word.
- Goods - section 2(1)(f)
- Goods = any agricultural, natural or manufactured goods, or any goods of handicraft or of industry, and includes food stuff
- Food stuff is expressly included.
- Producer - section 2(1)(k)
- Agricultural goods: produces, and includes the person who processes or packages. Natural goods: exploits. Handicraft or industrial goods: makes or manufactures. Includes any person who trades or deals in such production, exploitation, making or manufacturing
- The meaning changes with the type of goods.
- Authorised user - section 2(1)(b) and section 17
- Authorised user = authorised user of a GI registered under section 17; applicant must claim to be a producer of the goods
- Application is in writing to the Registrar, with statement, documents and fee.
- Registered proprietor - section 2(1)(n)
- Registered proprietor = any association of persons or of producers, or any organisation, entered in the register as proprietor
- An individual cannot be the registered proprietor under this definition.
- Deceptively similar - section 2(1)(c)
- A GI is deceptively similar to another if it so nearly resembles it as to be likely to deceive or cause confusion
- The test is likelihood, not actual deception.
- Name - section 2(1)(h)
- Name includes any abbreviation of a name
- An abbreviated form can still be a name.
- Use of a GI - section 2(3)
- Use of a GI = use of a printed or other visual representation; use in relation to goods = upon, or in any physical or other relation whatsoever to, the goods
- Very wide wording.
How to solve Definitions under the GI Act, 1999 questions
Use this method for any question that asks you to define a term, or to apply a definition to facts.
- 1Identify the term the question is about and state the section: section 2(1) with the clause letter where you are sure of it.
- 2Write the definition in close to the statutory words. Break it into its elements.
- 3If the term depends on the type of goods (producer, GI for manufactured goods), state each case separately.
- 4Apply each element to the facts, one by one. Say clearly which element is met and which is not.
- 5Link related terms where relevant, for example an authorised user must be a producer and be registered under section 17.
- 6Close with a clear conclusion that answers the exact question asked.
Quickest way: Element checklist for GI definitions
When to use it: When you have under ten minutes for a short note or a fact-based question on a definition.
- Write the term and its section in one line.
- List the elements as short bullets.
- Add the special condition (manufactured goods, type of goods for producer, association for proprietor).
- Give a one-line example, such as a handicraft or agricultural product from a named region.
- End with a one-line conclusion.
Common mistakes in Definitions under the GI Act, 1999
Defining GI as just a name of a place
Students remember the examples, not the wording.
Fix: Always include that a quality, reputation or characteristic must be essentially attributable to the geographical origin.
Forgetting the extra condition for manufactured goods
The condition sits at the end of a long clause.
Fix: State that one of production, processing or preparation must take place in the territory, region or locality.
Saying an individual can be a registered proprietor
Students confuse it with an owner of a trade mark.
Fix: Under section 2(1)(n) it is an association of persons or of producers, or an organisation.
Giving one meaning of producer for all goods
Students memorise only the agricultural limb.
Fix: Give three limbs: agricultural (produces, processes or packages), natural (exploits), handicraft or industrial (makes or manufactures), plus traders or dealers.
Treating the Explanation as unnecessary
It looks like a minor add-on.
Fix: Mention that a name which is not a country, region or locality name can be a GI if it relates to a specific geographical area and is used on goods from there.
Confusing authorised user with registered proprietor
Both are linked to a registered GI.
Fix: The proprietor is the registered association or organisation. The authorised user is a producer registered under section 17 who gets the exclusive right to use.
Worked examples
Example 1
Define 'geographical indication' under the Geographical Indications of Goods (Registration and Protection) Act, 1999. What additional condition applies to manufactured goods?
Show the solution
- Provision: section 2(1)(e) defines a geographical indication in relation to goods.
- It means an indication which identifies goods as agricultural, natural or manufactured goods as originating, or manufactured, in the territory of a country, or a region or locality in that territory.
- The goods must have a given quality, reputation or other characteristic essentially attributable to their geographical origin.
- For manufactured goods, one of the activities of production, processing or preparation must take place in that territory, region or locality.
- The Explanation says a name that is not the name of a country, region or locality also counts if it relates to a specific geographical area and is used on goods originating from there.
Answer: A GI is an indication identifying goods as originating in a territory, region or locality where their quality, reputation or characteristic is essentially attributable to that origin. For manufactured goods, at least one of production, processing or preparation must occur there.
Example 2
Sunita runs a firm in Varanasi that weaves silk sarees. A GI for the sarees is registered in the name of an association of weavers. Sunita wants to use the GI. Who is the registered proprietor, who can be an authorised user, and what must Sunita do?
Show the solution
- The registered proprietor under section 2(1)(n) is an association of persons or of producers, or an organisation, entered in the register. So the weavers' association is the registered proprietor.
- An authorised user is a person registered under section 17 for a GI registered under section 16.
- Sunita must claim to be a producer of the goods. For handicraft or industrial goods, a producer is a person who makes or manufactures the goods, including one who trades or deals in such making.
- Sunita weaves the sarees, so she can claim to be a producer.
- She must apply in writing to the Registrar in the prescribed manner under section 17(1), with a statement, documents and fee under section 17(2).
- Filing, examination, advertisement, opposition and registration provisions apply to her application as they do to a GI application (section 17(3)).
Answer: The weavers' association is the registered proprietor. Sunita, as a producer, can become an authorised user by applying to the Registrar under section 17 and being registered. Until then she does not have the exclusive right to use the GI.
Exam tips
- Quote the definitions in statutory words. Examiners reward the exact elements of section 2(1)(e).
- Mention the section number only where you are sure. Section 2(1) and section 17 are safe.
- In fact-based questions, tick off each element of the definition against the facts before concluding.
- Write a short note on producer in three limbs. It is a favourite for short answers.
- Do not mix up proprietor and authorised user. A one-line contrast earns marks.
Practice questions from Law relating to Geographical Indications of Goods
- Under Section 2 of the GI Act, 1999, which of the following is a correct reading of the definitions of 'indication', 'name' and 'use'?
- Ravi's unregistered GI for a local spice is copied by a rival, Sahil Exports, who also sells the spice under a deceptively similar name. Rav…
- Darjeeling Tea Growers' Cooperative asks where the particulars of registered authorised users of a geographical indication are recorded. Und…
- A geographical indication was removed from the register for failure to pay the renewal fee. A rival applies six months after removal to regi…
- Ravi runs a unit that packages and processes tea grown by farmers in a district, and also trades in that tea. Under Section 2(1)(k), how is …
Definitions under the GI Act, 1999 in other exams
The same ground in other exams, if you are preparing for more than one or want another angle on it.
Definitions under the GI Act, 1999: frequently asked questions
What is the definition of geographical indication under the GI Act, 1999?
Section 2(1)(e) defines it as an indication identifying goods as originating in a territory, region or locality where a given quality, reputation or other characteristic is essentially attributable to the geographical origin. For manufactured goods, one of production, processing or preparation must take place there.
Who is a producer under the GI Act?
It depends on the goods. For agricultural goods it is the person who produces them, and includes one who processes or packages. For natural goods it is the one who exploits them. For handicraft or industrial goods it is the one who makes or manufactures them. It also includes a person who trades or deals in such production.
Who is an authorised user under the GI Act?
An authorised user is a person registered under section 17 as a user of a registered GI. The applicant must claim to be a producer of the goods. After registration, the authorised user gets the exclusive right to use the GI for those goods under section 21.
Can an individual be a registered proprietor of a GI?
Under section 2(1)(n), the registered proprietor is an association of persons or of producers, or an organisation, entered in the register as proprietor. An individual producer would instead apply to be an authorised user.