The government has eventually granted the Geographical Indication (GI) tag to the Alphonso Mango from Ratnagiri, Sindhudurg and other adjoining areas in Maharashtra. The move will help identify the authenticity of this variety of fruit.

A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are rooted in that origin. Geographical indications are generally related to traditional products, produced by rural communities over generations that have gained a reputation on the markets for their specific qualities. “Such a name conveys an assurance of quality and distinctiveness which is essentially attributable to its origin in that defined geographical locality,” the commerce and industry ministry has conveyed to the Maharashtra government on October 5. The king of mangoes, Alphonso, better known as ‘Hapus’ in Maharashtra, is in demand in domestic and international markets for its taste, pleasant and distinct flavour and vibrant colour. In addition this variety is a rich source of vitamin ‘A’, ‘E’ and selenium, which helps to protect heart diseases.

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Alphonso contains phenolic compounds, which are rich in antioxidants, and help in fighting cancer and skin benefits. It also makes the digestive system strong by relieving acidity and constipation. It has long been one of the world’s most popular fruit and is exported to various countries including Japan, Korea and Europe. Even in India all for its taste, flavour and the health perspective. New markets such as in the US and Australia have recently opened up for this variety. Geographical Indications protection is granted through the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organisation (WTO).

On the one hand, it is granted through sui generis law (public law), e.g., in the European Union. In other words, GI protection should apply through ex-officio protection, where authorities may support and get involved in the making of GI collective dimensions together with their corresponding GI regulatory council, where ongoing discourse with the government is implied for effective inspection and quality control. On the other hand, it is granted through common law. In other words, it is similar to the protection afforded to trademarks as it can be registered through collective trademarks and also through certification marks, i.e., in the United States of America. A geographical indication is a name or sign used on products, which corresponds to a specific geographical location or origin (e.g. a town, region, or country).

The use of a geographical indication, as a type of indication of source, may act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin.

Appellation of origin is a subtype of geographical indication where quality, method and reputation of a product strictly originate from the delineated area defined under its intellectual property right registration. In India the GI tag is governed by the Geographical Indications of Goods (Registration and Protection Act), 1999. The Controller-General Patents, Designs and Trade Marks, who is also the Registrar of Geographical Indications and is based in Chennai to administer this Act. It is a sui generis Act of Parliament for protection of geographical indications in India. This country, as a member of the WTO, enacted the Act to comply with the Agreement on Trade-Related Aspects of Intellectual Property Rights.

The GI tag ensures that none other than those registered as authorised users (or at least those residing inside the geographical territory) are allowed to use the popular product name and others have to pay at commercial rates for their use like patents. Darjeeling tea became the first GI tagged product in India in 2004-05.

Since then 325 items have been added to the list as of September 2018. Some other products which have been granted GI tag include Mahabaleshwar Strawberry, Blue Pottery of Jaipur, Banarasi Sarees, Triputi Laddus, Kangra Paintings, Nagpur Oranges, Kashmir Pashmina, Rasagulla of Odisha, Phulkari of Punjab and manufactured goods like Pochampalli Ikat, Kancheepuram Silk, Sholapur chadars Bagh Prints, Madhubani paintings etc. Himachal Pradesh can easily get the GI tag for its Kinnaur apples and so on. Other states should also try to get GI tags for their specialised products so that the farmers and other genuine experts get their well-deserved income from their hard work and research.

For those who want to get a GI tag may apply through an application for registration which must be made before the Registrar of Geographical Indications by any association of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods.

The application must be made in an appropriate form containing the nature, quality, reputation or other characteristics of which are due exclusively or essentially to the geographical environment, manufacturing process, natural and human factors, map of territory of production, appearance of geographical indication (figurative or words), list of producers, along with prescribed fee.

The writer is author of World Trade Organisation: Implications for Indian Economy (Pearson Education) and is retired senior professor of International Trade. He may be reached at vasu022@gmail.com