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Intellectual Property Rights - Law and Practice · Geographical Indications

Introduction to Geographical Indications and TRIPS for CS Professional

Updated 11 October 2026 · Fact-checked

A geographical indication (GI) identifies goods as coming from a place, where a quality, reputation or other characteristic of the goods is essentially due to that origin. India protects GIs under the GI Act, 1999. TRIPS Articles 22 and 23 set the international standard. Answer by stating meaning, test, protection level and conclusion.

Understand Introduction to Geographical Indications and TRIPS

A geographical indication is a sign used on goods that come from a particular territory, region or locality. The goods have a quality, reputation or characteristic that is essentially due to that place. Darjeeling tea, Kanchipuram silk sarees, Basmati rice and Alphonso mangoes are Indian examples. The place may bring natural factors such as soil and climate, or human factors such as traditional skills, or both.

A GI belongs to a community of producers in the area, not to one trader. Every producer who meets the standards can use it. That is why India allows registration of the GI itself and also of authorised users. The GI cannot be assigned or sold to an outsider like a trademark can.

A trademark tells you which business made the goods. A GI tells you where the goods come from and what quality that place stands for. A trademark is owned by one person or firm, can be assigned and licensed, and has no link to a place. A GI is a collective right of producers of that place and is tied to the territory. A GI is not a personal right to transfer.

GIs matter for three reasons. They protect consumers from false claims of origin. They protect honest producers, often rural artisans and farmers, from free riding. They support exports and rural income because origin carries a price premium.

Internationally, the Paris Convention treats indications of source and appellations of origin as industrial property and requires action against false indications of source. The TRIPS Agreement gives GIs a dedicated section. Article 22 gives a basic level of protection for all goods: members must prevent use that misleads the public about origin or amounts to unfair competition. Article 23 gives higher protection for wines and spirits: members must prevent use of the GI even where the true origin is stated or where expressions like kind, type, style or imitation are used. In India, section 22 of the GI Act, 1999 mirrors this: sub-sections (1) covers basic protection and (3) gives additional protection to goods notified by the Central Government under sub-section (2).

Key rules to remember

Test for a GI
Goods + definite territory + quality, reputation or characteristic essentially due to that origin
All three elements must be present. Use this as the definition in any answer.
Basic protection (TRIPS Article 22 / GI Act s.22(1))
Misleading use as to true origin OR unfair competition (including passing off) = infringement by a non-authorised user
Applies to all goods. The use must mislead the public as to geographical origin, or amount to unfair competition.
Additional protection (TRIPS Article 23 / GI Act s.22(2)-(3))
Protection even if true origin is stated, translation is used, or words such as 'kind', 'style', 'imitation' are added
Under TRIPS it is for wines and spirits. Under the Indian Act it applies to goods or classes the Central Government notifies under s.22(2).
Refusal of registration (GI Act s.9)
Deceptive use, illegal, scandalous or obscene matter, hurts religious susceptibilities, generic names, or falsely represents another place = not registered
Sub-clauses (a) to (g). A name that has become generic, as explained in the Act, cannot be registered.
Lawful resale (GI Act s.22(4))
Lawfully acquired goods: further dealings, including processing or packaging, are not infringement unless the condition of goods is impaired after being put in the market
This is the exhaustion-type exception. Do not forget the impairment condition.
GI vs trademark
GI: place-linked, collective, not assignable | Trademark: source-linked, individual, assignable
Use these three contrasts as the skeleton of a comparison answer.

How to solve Introduction to Geographical Indications and TRIPS questions

Most questions ask you to define, compare or apply protection levels to facts. Use one fixed structure so you never miss a mark.

  1. 1Define the GI in one or two lines using the three-part test: goods, territory and essential link of quality, reputation or characteristic to origin.
  2. 2Give one or two Indian examples, such as Darjeeling tea or Kanchipuram silk.
  3. 3Name the legal source: GI Act, 1999 in India, TRIPS Articles 22 and 23 and the Paris Convention internationally.
  4. 4If the question is a comparison, use points: ownership, link to place, transfer, purpose, and who may use.
  5. 5If the question is a case problem, identify the goods, whether the GI is registered or notified, and whether the use misleads or imitates.
  6. 6Apply section 22 of the Act: basic protection under sub-section (1), additional protection under sub-sections (2) and (3) for notified goods.
  7. 7Check section 9 grounds and the section 22(4) exception if the facts suggest a generic name or a lawful reseller.
  8. 8Close with a clear conclusion in one sentence.

Quickest way: Three-line GI answer

When to use it: Use when time is short or the question carries few marks.

  1. Line 1: define the GI with the place-quality link and one example.
  2. Line 2: state the protection level: Article 22 basic, Article 23 additional, and section 22 of the GI Act.
  3. Line 3: give the key contrast or conclusion, such as collective and non-assignable versus trademark.

Common mistakes in Introduction to Geographical Indications and TRIPS

  • Saying a GI is owned by one producer and can be assigned like a trademark.

    Students treat GIs as a type of trademark.

    Fix: Write that a GI is a collective right linked to the territory. Individual producers register as authorised users.

  • Saying Article 23 of TRIPS applies to all goods.

    Both articles protect GIs, so they get merged.

    Fix: Article 22 covers all goods. Article 23 gives higher protection to wines and spirits.

  • Applying additional protection under section 22(3) to every registered GI in India.

    Students ignore the notification condition.

    Fix: Additional protection applies only to goods or classes the Central Government specifies by notification under section 22(2).

  • Treating the GI as protecting only natural factors like soil and climate.

    Textbook examples are mostly agricultural.

    Fix: State that human factors such as traditional skills can also create the link. Handloom and handicraft GIs show this.

  • Ignoring section 22(4) and calling every resale of GI goods an infringement.

    Focus on infringing acts only.

    Fix: Lawfully acquired goods can be dealt with, processed or packaged without infringement, unless their condition is impaired after being put on the market.

  • Assuming any famous place name can be registered.

    Students forget the refusal grounds.

    Fix: Check section 9. Generic names, deceptive use and false representation of another place are barred.

Worked examples

Example 1

Distinguish between a geographical indication and a trademark. (Short answer)

Show the solution
  1. Start with meaning: a GI identifies goods from a territory whose quality, reputation or characteristic is essentially due to that origin. A trademark identifies the goods or services of one business and distinguishes them from others.
  2. Ownership: a GI is a collective right of the producers of the place, with individual producers registered as authorised users. A trademark belongs to a single proprietor.
  3. Link to place: a GI is bound to a definite territory. A trademark has no necessary link to a place.
  4. Transfer: a GI cannot be sold or assigned to an outsider. A trademark can be assigned and licensed.
  5. Function: a GI guarantees origin-linked quality. A trademark guarantees commercial source.
  6. Interaction: section 25 of the GI Act directs the Registrar of Trade Marks to refuse or invalidate a trademark that contains a GI for goods not from that place, where the use would confuse or mislead about true origin.

Answer: A GI is a place-linked, collective, non-assignable right; a trademark is a source-linked, individual, assignable right. The law prevents a trademark from misusing a GI in a misleading way.

Example 2

Mahesh, a trader in Surat, sells sparkling wine labelled 'Champagne-style, made in Nashik'. A notified GI for Champagne is claimed. Does TRIPS give protection, and would the label matter? (Case based)

Show the solution
  1. Provision: TRIPS Article 22 protects against misleading use. Article 23 gives wines and spirits additional protection.
  2. Under Article 23 the GI is protected even if the true origin is stated or the GI is used with expressions like 'style', 'kind', 'type' or 'imitation'.
  3. Facts: the label states the true origin, Nashik, but also uses 'style' with the protected name.
  4. Analysis: for basic protection under Article 22, true origin might remove the risk of misleading use. Under Article 23 that defence is unavailable.
  5. Indian parallel: section 22(3) of the GI Act treats such use as infringement for goods notified under section 22(2), including use indicating true origin or accompanied by 'kind', 'style' or 'imitation'.
  6. Conclusion: the label would be objectionable under the higher standard, so Mahesh should drop the protected name.

Answer: Yes. Because wines get Article 23 protection, the words 'style' and true-origin statement do not save the label. In India the same result holds only if the Central Government has notified the goods under section 22(2).

Exam tips

  • Always give the three-part definition first. Examiners look for place, quality link and goods.
  • Memorise the split: Article 22 for all goods, Article 23 for wines and spirits. Mention the Indian counterpart, section 22.
  • In comparison questions, use a point-wise layout with at least four contrasts and one example for each side.
  • In case problems, state whether the goods are notified before applying additional protection.
  • Cite section numbers only for provisions you know, such as sections 9, 22 and 25, and write the rest in plain words.

Practice questions from Geographical Indications

Introduction to Geographical Indications and TRIPS in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Introduction to Geographical Indications and TRIPS: frequently asked questions

What is a geographical indication with examples from India?

It is a sign on goods from a definite place whose quality, reputation or characteristic is essentially due to that place. Darjeeling tea, Kanchipuram silk sarees and Alphonso mangoes are common examples. Producers in the area can use it if they meet the standards.

What is the difference between a geographical indication and a trademark?

A GI points to the place of origin and the quality linked to it. It is a collective right and cannot be assigned. A trademark points to the business that made the goods, belongs to one owner, and can be assigned or licensed.

What do Articles 22 and 23 of TRIPS provide?

Article 22 gives all GIs protection against use that misleads the public about origin or is unfair competition. Article 23 gives wines and spirits higher protection, even where the true origin is stated or words like 'style' or 'imitation' are used.

Does the Indian GI Act give higher protection like Article 23?

Yes, but only for goods the Central Government notifies under section 22(2). For those goods, section 22(3) makes use even with true origin, translation, or words such as 'kind' or 'style' an infringement.