Background
Geographical Indications of Goods (Registration and Protection) Act, 1999 (“GI Act”) was enacted in accordance with India’s obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and came into force on 15 September 2003. The Geographical Indications of Goods (Registration and Protection) Rules, 2002 (“GI Rules”), framed under Section 87, prescribe procedures, forms and fees for GI registration, authorised-user registration, renewal, restoration and rectification. The framework is administered by the Geographical Indications Registry at Chennai, with the Register divided into Part A (registered GIs and proprietors) and Part B (authorised users).
GI registration is valid for 10 years and renewable. Registration is a prerequisite for initiating infringement proceedings, while authorised users enjoy the exclusive right to use the registered GI. A GI cannot be assigned, licensed, pledged or mortgaged, and its falsification or false application attracts legal consequences.
Framework has undergone several amendments. The GI (Amendment) Rules, 2020 (G.S.R. 528(E), dated 26 August 2020) enabled independent authorised-user applications through Forms GI-3A and GI-3B. The Tribunals Reforms Act, 2021 abolished the IPAB and transferred its appellate and rectification jurisdiction to the High Courts. The Jan Vishwas (Amendment of Provisions) Act, 2023, effective from 1 August 2024, converted the offence under Section 42 into a civil penalty, introduced adjudication and appeal mechanisms under Sections 37A and 37B, and omitted Sections 43 and 44. Most recently, the GI (Amendment) Rules, 2025 (G.S.R. 812(E), dated 3 November 2025) revised the First Schedule, reducing the application fee from ₹5,000 to ₹1,000 per class and the renewal fee from ₹3,000 to ₹500.
Applicability
GI Act and Rules apply to associations of persons or producers, and organisations or authorities representing producers’ interests, that apply to register a geographical indication (including applicants from convention countries under Section 84), who must file in the prescribed form with a Statement of Case and supporting certificates and ensure the indication is not barred under Section 9; to registered proprietors and authorised users, who must keep registrations alive through timely renewal or restoration, keep Register particulars and addresses current, follow the prescribed procedures for alteration, rectification, counter-statements and additional protection, and refrain from assigning, licensing, pledging or mortgaging rights in the indication; to producers who wish to use a registered indication, who must register as authorised users; to any person aggrieved by an entry, who may seek its rectification or removal; and to every manufacturer, importer, trader and seller dealing in goods bearing a geographical indication, who must not falsify, falsely apply or falsely represent an indication as registered, must not sell or possess for sale goods bearing a false indication, bears an implied warranty of genuineness on sale, and must apply indications of origin on goods notified under Section 71.
Compliance Requirements under the Rules in accordance with the Code
Following section sets out the key compliance obligations under the GI Act and the GI Rules, along with the applicable penalty framework.
Any association of persons or producers, or organisation or authority representing the interests of producers, intending to register a geographical indication (GI), shall apply to the Registrar in Form GI-1, in triplicate, along with three copies of the Statement of Case. The form may be used for single-class, multi-class and convention-country applications under Section 84(1). Every application must ensure that: (a) the GI is defined precisely; (b) its graphical representation adequately identifies the indication; (c) the representation is understandable from the Register or Geographical Indications Journal; (d) three-dimensional indications are expressly identified; and (e) claimed colour combinations are specified.The application must include durable representations not exceeding 33 cm × 20 cm, with a 4 cm left margin. The Registrar may require replacement representations or translations of words in non-Devanagari or non-Roman scripts. The Registrar may refuse registration where the GI contains the name or description of goods. Upon registration, the certificate shall be issued in Form O-2 with the relevant Register entry. Duplicate or further copies may be obtained by the registered proprietor through Form GI-7, along with the prescribed fee. The certificate cannot be used in legal proceedings or for obtaining registration abroad.
Under Rule 24, an application filed under Section 84 by an applicant from a convention country shall include a certificate from the competent Geographical Indications Office specifying the GI particulars, country and first filing date. If not submitted with the application under Rule 23(3) or (4), it must be filed within two months, verifying the filing date, representation, class and goods covered. The application must also specify the foreign application’s filing date, country and serial number (if available), and establish a valid convention priority claim for all classes of goods.
Any person claiming to be the producer of goods in respect of which a geographical indication has been registered may apply to the Registrar for registration as an authorised user under Section 17. The application shall be made in Form GI-3A, accompanied by a statement of case setting out how the applicant claims to be a producer of the goods covered by the registered geographical indication. The applicant shall forward a copy of the application to the registered proprietor of the geographical indication and intimate the same to the Registrar.
If the renewal fee is not paid before the expiry of registration, the Registrar may remove the GI or authorised user from the Register and advertise the removal in the Journal. However, the entry may be retained if an application in Form GI-4 is filed within six months of expiry, along with the prescribed fee and surcharge. An application for restoration and renewal may be filed in Form GI-4 after six months but within one year of expiry, subject to the prescribed fee. The Registrar shall consider the interests of persons who have applied for or registered identical or deceptively similar GIs during the intervening period.
For goods notified by the Central Government under Section 22(2), an application for additional protection of a registered GI shall be filed with the Registrar in Form GI-9, in triplicate, along with the prescribed fee, Statement of Case and copy of the notification. The application must be jointly filed by the registered proprietor and all producers registered as authorised users in Part B of the Register.
Notwithstanding anything contained in any law for the time being in force, any right to a registered geographical indication shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or any other such agreement. However, on the death of an authorised user, his right in the registered geographical indication shall devolve on his successor in title under the law for the time being in force.
An application under Section 27 for cancelling, expunging or varying an entry in the Register or the Statement of Case shall be filed in triplicate in Form GI-6 or GI-5, as applicable, along with a statement specifying the applicant’s interest, grounds and relief sought. Where the applicant is not the registered proprietor, the application and statement must be filed with the GI Registry in triplicate, along with additional copies for all authorised users or proof of publication in leading national newspapers notifying the proposed rectification or removal. The Registrar shall forward copies to the registered proprietor and other interested persons within two months. The application must be verified in accordance with Rule 42.
Within two months of receiving from the Registrar the copy of the rectification application under Rule 65, or within such further period not exceeding two months in the aggregate, the registered proprietor shall send to the Registrar and to the applicant a counter-statement on Form GI-2, in triplicate, setting out the grounds on which the application is contested. The Registrar shall serve a copy of the counter-statement on the applicant within one month of receiving it, and Rules 44 to 51 shall thereafter apply mutatis mutandis to the further proceedings on the application.
A registered proprietor or authorised user whose principal place of business in India or address in their home country changes, making the Register entry incorrect, shall promptly request the Registrar in Form GI-5 to update the Register. The applicant shall serve a copy of the request on the authorised users or registered proprietor, as applicable, or, in the case of an authorised user, publish a notice in at least two leading local newspapers and inform the Registrar accordingly. The Registrar shall make the alteration upon satisfaction.
A registered proprietor or authorised user whose address for service in India has changed shall promptly apply to the Registrar in Form GI-5 for alteration of the Register. The applicant must serve a copy of the request on the other registered proprietor or authorised users, as applicable, or, in the case of an authorised user, issue a public notice in at least two leading local newspapers and inform the Registrar accordingly. The Registrar shall make the necessary alteration upon satisfaction.
Where a public authority changes the address of the principal place of business or address for service in India of a registered proprietor or authorised user, without changing the premises, the applicant may request the Registrar in Form GI-5 to update the Register, along with the authority’s certificate confirming the alteration. The applicant shall serve a copy of the request on the registered proprietor and authorised users, as applicable, or, in the case of an authorised user, publish a notice in at least two leading local newspapers and inform the Registrar accordingly.
Where the address of a person entered in the Register as the address for service in India of more than one registered proprietor or authorised user of geographical indications changes, the Registrar may, on proof that the address is that of the applicant and if satisfied that it is just to do so, accept a single application from that person on Form GI-5, amended to suit the case, for the appropriate alteration of the address in all the registrations concerned, the particulars of which shall be given in the form, and may alter the entries accordingly.
An application under Section 28 for correction, alteration, cancellation or striking out of goods, or entry of a memorandum in the Register, shall be filed in Form GI-5 or, for cancellation or striking out of goods, Form GI-10 (fee: ₹300). The applicant shall serve copies on authorised users and other interested persons, or publish a notice in at least two leading local newspapers, and inform the Registrar accordingly. The Registrar may require supporting evidence by affidavit or otherwise.
The registered proprietor applying under Section 29 for addition to or alteration of a GI shall file a written application in Form GI-9, along with five copies of the amended or altered GI. A copy of the application and amended GI shall be served on all registered authorised users or notified through at least two leading local newspapers, and the Registrar shall be informed accordingly.
Once an application under Section 29 for addition to or alteration of a registered GI is filed in Form GI-9 and advertised, any person may oppose it within three months, extendable by one month, by filing Form GI-2 in triplicate, stating the grounds and serving copies on the registered proprietor and authorised users, or publishing a notice in two leading local newspapers. The Registrar shall forward the opposition to the registered proprietor within two months, who must file a counter-statement in Form GI-2, in triplicate, within two months of receiving the copies, stating the grounds for contesting the opposition.
A person shall be deemed to falsify a GI if, without the authorised user’s consent, he: (a) makes an identical or deceptively similar GI; or (b) alters, adds to or effaces a genuine GI. A person shall be deemed to falsely apply a GI if, without such consent, he: (a) applies an identical or deceptively similar GI to goods or their packaging; or (b) uses such packaging for goods other than those of the authorised user. Any such GI shall be treated as a false geographical indication, and the burden of proving the authorised user’s consent lies on the accused.
No person shall sell, hire, offer for sale or hire, or possess for sale any goods bearing a false GI or lacking the required country or place of origin or manufacturer’s details under Section 71. A person dealing in such goods shall avoid liability only if he proves that: (a) he took all reasonable precautions and had no reason to suspect the offence; (b) he provided, on demand, all available information about the person from whom the goods were obtained; or (c) he otherwise acted innocently.
No person shall make any representation (a) with respect to a geographical indication that is not registered, to the effect that it is a registered geographical indication; (b) to the effect that a registered geographical indication is registered in respect of any goods for which it is not in fact registered; or (c) to the effect that registration of a geographical indication gives an exclusive right to its use in circumstances in which, having regard to a limitation entered on the Register, the registration does not in fact give that right. The use in India of the words “registered geographical indication”, or of any expression, symbol or sign such as “R.G.I.”, shall be deemed to import a reference to registration in the Register.
Where a geographical indication has been applied to goods on sale, or in a contract for the sale of any goods, the seller shall be deemed to warrant that the geographical indication is genuine and not falsely applied, unless the contrary is expressed in writing, signed by or on behalf of the seller, and delivered to and accepted by the buyer at the time of the sale or contract.
The Central Government may, by notification, require specified classes of goods, whether manufactured or produced in India or imported, to bear the country or place of origin, or the manufacturer’s or intended recipient’s name and address, in the prescribed manner and at specified times. The notification may specify where and when the indication must be applied, including at importation or sale. No person shall apply false origin or manufacturer details or tamper with, alter or remove any required indication of origin.
A geographical indication shall not be applied for or registered: (a) if its use is likely to deceive or cause confusion; (b) if contrary to any law; (c) if it contains scandalous or obscene matter; (d) if it hurts the religious susceptibilities of any class or section of citizens; (e) if it is disentitled to protection by a court; (f) if it is generic, unprotected or has fallen into disuse in its country of origin; or (g) if, despite being literally true about its place of origin, it falsely represents that the goods originate elsewhere.
Penalty and Consequences
Section 9 of the GI Act — Refusal or cancellation of prohibited geographical indications
The Registrar may refuse to register a geographical indication that falls within any of the prohibited categories under Section 9. Where the applicable legal grounds are established, an existing registration may also be cancelled or varied under Section 27, and the applicant or registered proprietor may lose the legal protection and benefits associated with registration.
Section 18(5) of the GI Act — Removal from the Register for non-renewal
Failure to file Form GI-4 within the prescribed timelines can have significant consequences, including removal of the geographical indication or authorised user from the Register and potential loss of statutory protection.
Section 20(1) of the GI Act — No infringement action for unregistered geographical indications
No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered geographical indication.
Section 21(1)(b) of the GI Act — Exclusive right of the authorised user
The registration of a geographical indication shall, if valid, give the authorised user the exclusive right to the use of the geographical indication in relation to the goods in respect of which it is registered; this right accrues only to producers registered as authorised users.
Section 22(1) of the GI Act — Infringement of a registered geographical indication
A registered geographical indication is infringed by a person who, not being an authorised user, uses it by any means in the designation or presentation of goods that indicates or suggests that such goods originate in a geographical area other than their true place of origin, in a manner which misleads persons as to the geographical origin of such goods.
Section 22(2) of the GI Act — Loss of additional protection for notified goods
Failure to file the application may result in the registered geographical indication not receiving the additional statutory protection available to goods notified by the Central Government under Section 22(2).
Section 24 of the GI Act — Consequences of a prohibited assignment, licence or mortgage
An agreement transferring, licensing or mortgaging rights in a geographical indication in violation of Section 24 is legally unenforceable to the extent it attempts to transfer prohibited rights, and the purported assignee or transferee cannot automatically claim ownership or authorised-user rights through it. The registered proprietor, authorised users or other aggrieved parties may pursue appropriate legal remedies depending on the circumstances, and an aggrieved person may also seek cancellation or variation of the registration under Section 27(1).
Section 27(1) of the GI Act — Cancellation or variation of registration
On an application made in the prescribed manner to the High Court or to the Registrar by any person aggrieved, the Registrar or the High Court, as the case may be, may make such order as it thinks fit for cancelling or varying the registration of a geographical indication or authorised user on the ground of any contravention of, or failure to observe, a condition entered on the Register in relation to it. In rectification proceedings, such further consequence may follow as the appropriate authority deems fit.
Section 28 of the GI Act — Incorrect or outdated entries in the Register
Failure to file the application where a correction or change is required may result in incorrect or outdated information continuing in the GI Register.
Section 29 of the GI Act — Use of an unapproved alteration
Until an application for addition to or alteration of a registered geographical indication is approved and recorded, the original registered geographical indication remains the legally recognised version, and the proprietor cannot claim that the proposed alteration has been officially approved or incorporated. Use of an unapproved altered version may create disputes regarding the scope of protection, particularly where the alteration substantially changes the identity of the registered geographical indication or misleads consumers.
Section 39 of the GI Act — Falsifying or falsely applying a geographical indication
Any person who falsifies or falsely applies a GI, makes or possesses instruments for falsification, applies false country, place or manufacturer details, tampers with or removes required origin indications, or causes such acts, shall, unless proven to have acted without intent to defraud, be punishable with imprisonment of 6 months to 3 years and a fine of ₹50,000 to ₹2 lakh. The court may impose a lesser penalty for adequate and special reasons recorded in the judgment.
Section 40 of the GI Act — Selling goods to which a false geographical indication is applied
Any person who sells, lets for hire, exposes for sale, hires or has in his possession for sale goods or things to which a false geographical indication is applied, or which, being required under Section 71 to bear an indication of the country or place of making or production or the name and address of the manufacturer or the person for whom the goods are manufactured, are without the indications so required, shall, unless he establishes one of the statutory defences, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years, and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.
Section 41 of the GI Act — Enhanced penalty on second or subsequent conviction
Whoever, having already been convicted of an offence under Section 39 or Section 40, is again convicted of any such offence shall be punishable for the second and every subsequent offence with imprisonment for a term which shall not be less than one year but which may extend to three years, and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
Section 42(2) of the GI Act — Civil penalty for falsely representing a geographical indication as registered
Any contravention of Section 42(1) attracts a penalty equal to 0.5% of total sales, turnover or gross professional receipts, or ₹5 lakh, whichever is less. Following the Jan Vishwas (Amendment of Provisions) Act, 2023, effective from 1 August 2024, the contravention is treated as a civil penalty imposed by an adjudicating officer under Section 37A and appealable under Section 37B. Failure to comply with the adjudication order within 90 days is punishable with a fine of ₹1 lakh, imprisonment up to one year, or both.
Section 49(1) of the GI Act — Offences by companies
Where an offence under the Act is committed by a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Section 59 of the GI Act — Deemed warranty of genuineness
Where a geographical indication has been applied to goods on sale or in a contract for sale, the seller remains bound by a deemed warranty that the geographical indication is genuine and not falsely applied, unless the contrary is expressed in writing, signed by or on behalf of the seller, and delivered to and accepted by the buyer at the time of the sale or contract.
Rule 17(3) of the GI Rules — Non-service of notices where no address for service in India is given
Unless an address for service in India is given as required under Rule 17(1), the Registrar shall be under no obligation to send any notice required by the Act or the Rules, and no subsequent order or decision in the proceedings shall be called in question on the ground of any lack or non-service of notice.
Rule 31 of the GI Rules — Abandonment of a deficient application
Subject to Rule 10(2), where an application for registration of a geographical indication does not satisfy the requirements of Section 11 or Rule 23, the Registrar shall send notice of the deficiencies to the applicant, and if the applicant fails to remedy any deficiency so notified within one month from the date of receipt of the notice, the application may be treated as abandoned.
Rule 72(2) of the GI Rules — Failure to file a counter-statement in alteration proceedings
The Registrar shall not refuse an application for addition to or alteration of a registered geographical indication merely because the registered proprietor has not filed a counter-statement, unless he is satisfied that the delay in filing the counter-statement is wilful and is not justified by the circumstances of the case.
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