According to the Geographical Indications of Goods (Registration and Protection) Act, 1999 “Geographical Indication”, in relation to goods, means “an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.”[1]

In India, a huge variety of products have been granted with geographical protection. One out of such varieties is agricultural products. Such a grant of geographical indication to agricultural goods helps the agricultural field in many ways. It protects that particular cultivated area through a legal right and also enhances the further increasing scope of cultivation of the particular product.

Geographical Indications have been used in India for a wide variety of agricultural products, such as Basmati Rice, Darjeeling Tea, Kangra Tea, Feni, Alphonso Mango, Alleppey Green Cardamom, Coorg Cardamom, Kanchipuram Silk Saree, Kohlapuri Chappal, etc. By registering a geographical indication in India, the rights holder can prevent unauthorized use of the registered geographical indication by others by initiating infringement action by way of a civil suit or criminal complaint. Registration of the GIs in India is not mandatory as an unregistered GI can also be enforced by initiating an action of passing off against the infringer. It is, however, advisable to register the GI as the certificate of registration is evidence of its validity and no further proof of the same is required.

Darjeeling tea:

The Darjeeling Tea Industry is beneficial for many other reasons as the tea industry has put in all possible efforts to avail the surroundings with:

·       Employment of over 52000 people on permanent basis

·       Employment of additional 15000 persons engaged during plucking season–– March to November

·       60% of the work force is women employed on family basis

·       Income of a garden worker half in the form of cash and the other half by way of perquisites with access to free accommodation, subsidies cereal ration and medical benefits

Almost 60 to 70 percent of the estates’ total expenditure is accounted for by workers’ wages and welfare measures. Fringe benefits are provided under the provisions of the Indian Plantation Labour Act, while wages, bonuses and annual increments are determined by collective bargaining through tripartite meetings each year within the framework of the same act.[2] The tea estate at Darjeeling has been coexisting along with the population and successfully benefitting them. Apart from these fringe benefits, it has also been a huge contribution to the advancement of laws regarding agriculture.

Basmati Rice:

Basmati Rice of India is one such product which has faced a lot of hurdles to finally attain its identity as a product of this nation. After a lot of Intellectual Property deliberation in the Texmati case, Basmati received its protection in Madhya Pradesh in the form of a geographical indication. When US had started selling its own Basmati rice under the rademark of Texmati, a whole issue of geographical origin evolved and the geographical indication was given to India. About 10 per cent of our Basmati rice exports go to the US. In 2000-1, the total Basmati rice exports were around 0.85 million tonnes valued at about Rs.2,200 crore.[3] This has brought out an enhancement in the field of agriculture as well as economy. With the basmati rice market growing in the European Union (EU) and other parts of the developed world and West Asia, where non-resident Indians reside in large numbers, domestic basmati rice traders are keen to grow the opportunity[4]. These traders depend on the Government to guide them through sundry Acts and Rules and Regulations such as the Seed Act, 1966 and the Export (Quality Control and Inspection) Act 1963 and the notification to the latter Act, on January 23, 2003 on Basmati Rice (Quality Control and Inspection) Rules 2003. The Seed Act, 1966 empowers the Department of Agriculture and Cooperation to undertake the business pertaining to the basmati rice seed and to identify the variety, set the limits of germination and purity, as also labelling and marking the seeds.

Apart from the Geographical Indications Act, 1999, enforcement of Protection of Plant Varieties and Farmers Right Act-2001 and initiation of registration of plant varieties since February 2007 provides scope of not only registering the extant plant varieties of the state developed by public/private R & D, units but also registration of farmers' variety developed by the farming community.[5]