- It is an indication
- It originates from a definite geographical territory.
- It is used to identify agricultural, natural or manufactured goods
- The manufactured goods should be produced or processed or prepared in that territory.
- It should have a special quality or reputation or other characteristics
The Geographical Indications Act affords protection to goods that can be identified as originating or manufactured in the territory of a country or a region or locality in that territory where a given quantity, reputation or other characteristic of such goods is essentially attributable to its geographical conditions. In the case where such goods are manufactured goods, one of the activities of production or of processing or preparation at goods concerned takes place in such territory or locality as the case may be. The term is initially for a period of 10 years and can be renewed from time to time.
Geographical names and other terms associating a product with a particular place have great commercial importance for the consumer, who often makes choices on the basis of such indications. Therefore national, international and community jurisdictions provide for the protection of geographical indications and designations of origin.
Specific legal acts vary in their definition of the terms "geographical indications and designations of origin". According to the provisions of the TRIPS Agreement, "geographical indications" are indications that identify a product as originating from the territory of a State that is party to the Agreement, or from a region or from a place located in the territory, if a specific quality, reputation, or other characteristics of the product is essentially attributable to its geographical origin. Under Council Regulation (EC) No 510/2006
- designation of origin" (named as PDO) means the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff:
- originating in that region, specific place or country,
- The quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and
- The production, processing and preparation of which take place in the defined geographical area;
- "geographical indication" (named as PGI) means the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff:
- Originating in that region, specific place or country, and
- Which possesses a specific quality, reputation or other characteristics attributable to that geographical origin, and
- The production and/or processing and/or preparation of which take place in the defined geographical area.