How GI Tags Protect Your Favourite Mangoes

What Are GI Tags?

The Essentials: Geography vs. Reputation

A Geographical Indication is simply a symbol that states that this product is exclusive since it originates from this particular place, and the conditions of the place, or customs or aptitudes of the place, make it special. Consider it a birth certificate of a product that certifies its birthplace.

A GI, according to WIPO (the World Intellectual Property Organization) is a sign applied to products that have a relevant geographical origin and have properties, reputation or other attributes that are inherently related to that origin. Translation? The awesomeness of this product is associated with its origin.

Here’s a simple breakdown:

Champagne: This name can be used only by sparkling wines of the Champagne region of France. Not the bubbles, but the chalky soil and cool climate and centuries-old ways that are particular to that area.

Roquefort Cheese: It has to be prepared using sheep milk in special caves located in the area of Roquefort-sur-Soulzon, France, where the moulds impart their special taste.

Alphonso Mangoes: These mangoes are cultivated in the Konkan part of Maharashtra, India and are known as mythical due to their sweetness, smell, and creamy taste- all attributed to the laterite soil and the coastal climate of the area.

Notice the pattern? Not only about mangoes or cheese, but also about those places and the process.

The Legal Environment: GI Act in India

These GI tags are controlled under the Geographical Indications of Goods (Registration and Protection) Act, 1999, in India. This legislation became effective on September 15, 2003, and India joined the international GI club. This Act conforms to the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights ) of the World Trade Organisation, which, simply said, implies that India accepted to play by the international IP rules.

Here’s what the Act does:

• Registers goods having a geographical origin.
• Guarantees them against unauthorized usage (no further counterfeit Alphonsos!)
• Encourages economic growth in the rural areas through the provision of economic gains to communities.

Conserves the traditional knowledge and cultural heritage

The registration is done by the Geographical Indications Registry in Chennai under the Controller General of Patents, Designs, and Trademarks. The registration of products lasts 10 years and may be renewed indefinitely. After registration, the GI tag can be used by only by qualified producers in the territory- trespassers may be fined and imprisoned.

The difference between GI Tags and Trademarks

The trademarks are the property of a particular firm. Think “Nike” or “Coca-Cola.” They make the different products of a business stand out.

GI tags are part of a community or an area. The GI tag can be used by anybody in that region, provided he or she meets the production requirements. It is not a corporate but a collective ownership.

To speak of “Champagne” is not possessed by a single winery, but rather, it belongs to the whole of Champagne. The name can be used by any manufacturer in the country who abides by the regulations. Similar to Alphonso mangoes: the tag can be used by all farmers in the prescribed Konkan region provided that they comply with quality standards.

The Alphonso Story: King of Mangoes

And now, we have to discuss the reasons why Alphonso mangoes are royally worthy of their reputation. Alphonsos (also known as Hapus in the local language of Ratnagiri, Sindhudurg, Raigad and Palghar), grown in the Konkan coast in Maharashtra, are the best mangoes in the world. They are so precious that they are exported to other parts of the world and the Indian expats pay high prices as they get a taste of what they are missing back home.

What makes them special? Geography, baby. The Konkan region has:

Laterite soil: This is iron-rich and is ideal for planting mangoes.

Climate of coast: Moist, having a combination of sea wind and sunshine.

Conventional ways of cultivation: Under the old age practiced with certain grafting methods were practised.

In the year 2004, Alphonso mangoes were given the GI tag and their main origin was identified as Ratnagiri. This was a huge move as the farmers could now protect themselves against competition by other regions, throwing out the label Alphonso to mangoes that were of low quality. The GI tag will also make sure that only those mangoes that are produced in the specified area and produced using traditional methods only can be sold as authentic Alphonsos.

But this, however, is also where it becomes intriguing: it is not only domestic that the fight over Alphonso is concerned. Fraudulent labelling is very common in foreign markets. Other exporters have attempted to market non-Konkan mangoes as Alphonsos, creating a bad image of the original and undermining the genuine farmers. The GI tag provides Indian manufacturers with the legal tools that they can use to retaliate in the local courts, as well as international trade agreements.

The Troubles: Issues when GI Tags are Insufficient

GI tags sound perfect, right? But they’re not foolproof. The following are the major challenges:

1. Enforcement is Hard

 It is one thing to get a GI tag and another to enforce it. Farmers and artisans are usually poor and have no means to track the market or even make a court case against offenders. Counterfeit products continue to invade local markets in the rural places due to weak enforcement mechanisms.

2. Awareness Gaps

Most consumers are not aware of the meaning of GI tags. They look at two boxes of mango one with the label Alphonso GI and another with the name Alphonso, and choose the cheap. Education campaigns become better, but many steps are yet to be made.

3. Quality Control Issues

 GI tags demand that products have to be of some standards, yet who monitors them? In case of quality reduction, the reputation of the whole region is harmed. In the case of the Alphonso mangoes, farmers have been suspected of applying too much pesticide or picking too young, resulting in low quality.

4. Gaps in International Recognition

A GI tag in India is not a sure way to secure the product in other countries. India has to enter into bilateral agreements or even register the GI in other jurisdictions. This is both costly and time-consuming. As an example, India took years to have Basmati recognised in the EU(European Union).

5. Internal Conflicts

In other cases, there are various territories that lay claim to a single product. In the case of Alphonso, the main GI holder is Ratnagiri; however, farmers in other districts also claim to produce legitimate Alphonsos. These conflicting claims should be struck a careful balance.

My Opinion: The reason why GI Tags are important now more than ever

Authenticity is becoming something uncommon in a globalized world of mass production. GI tags revolt against this direction and declare, Not everything should be commodified. There are things that are connected with a place, culture and tradition, and they ought to be preserved.

GI tags are your assurance of quality to foodies. That $50 box of Alphonsos? It is made in the country of origin. If it bears the GI tag, you are sure it is the original. Games are over with guessing and falling into marketing hype.

GI tags are their economic lifelines to farmers and artisans. They discourage exploitation and make profits remain in the societies that produce such products. When the tea is sold at high prices to customers, it is good for a worker in a Darjeeling tea estate, but only provided the GI tag keeps off potential rivals who are fakers.

To the policymakers, GI tags are a means of rural development and cultural preservation. There are GI tags on over 450 Indian products, creating employment, increasing exports and preserving traditions.

Where do we go now? Future Directions

India should have more ways of checking on GI violations and penalizing them. Technology such as blockchain would assist- imagine trying to scan a QR code on the box of mangoes you purchased, and you have the ability to trace the component to the farm right in Ratnagiri.

India ought to focus on the acceptance of its GI products in the big markets such as the U.S., China and Southeast Asia. Each of the new contracts safeguards the farmers and the source of premium export.

Consumer campaigns on the meaning of GI tags and the reasons behind their importance will enable people to make informed decisions. When people engage in seeking out GI-tagged products, it will be the market that will reward authenticity. GI tags are to be of high quality. The system will be credible by conducting periodical audits, training programs for farmers, and imposing penalties for poor-quality products.

References

I. PRIMARY SOURCES

A. Statutes and Legislation

1. Indian Legislation

1. The Geographical Indications of Goods (Registration and Protection) Act, No. 48 of 1999, INDIA CODE (1999), https://www.indiacode.nic.in/bitstream/123456789/1981/5/A1999-48.pdf.
2. Id. § 2(1)(e) (defining “geographical indication”).
3. Id. § 18 (providing for ten-year registration period with renewable terms).
4. Id. § 22 (establishing infringement provisions and penalties).

2. International Agreements

1. Agreement on Trade-Related Aspects of Intellectual Property Rights, art. 22, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, 1869 U.N.T.S. 299 [hereinafter TRIPS Agreement].
2. Id. art. 22(1) (defining geographical indications).
3. Id. art. 22(2) (establishing minimum protection standards).
4. Id. art. 23 (providing enhanced protection for wines and spirits).

3. French Legislation

1. Décret du 26 juillet 1925 relatif à l’appellation d’origine “Roquefort” [Decree of July 26, 1925 on the Appellation of Origin “Roquefort”], JOURNAL OFFICIEL DE LA RÉPUBLIQUE FRANÇAISE [J.O.] [OFFICIAL GAZETTE OF FRANCE], July 29, 1925.

B. Cases and Administrative Decisions

1. Panel Report, European Communities—Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs, ¶ 7.203, WTO Doc. WT/DS174/R (Mar. 15, 2005).
2. Id. ¶ 7.622.