GI Tag Protection Duration and Renewal: What You Need to Know

A Geographical Indication (GI) tag in India is valid for 10 years from the date of registration. This period is set under Section 18 of the Geographical Indications of Goods (Registration and Protection) Act, 1999. The protection begins on the date the GI is registered in the Geographical Indications Register, not from the date of application.

After the initial 10-year term, the GI tag can be renewed for successive 10-year periods. There is no limit on the number of renewals, meaning a GI tag can remain in force indefinitely as long as the renewal fees are paid on time. This is similar to trademark protection, where continuous renewal keeps the right alive.

The 10-year term applies to all registered GIs, whether for agricultural goods, handicrafts, manufactured goods, or food products. For example, the GI for Darjeeling tea, registered in 2004, was valid until 2014 and has been renewed since.

Yes, a GI tag can be renewed even after it expires, but only within a grace period of six months from the date of expiry. Section 19 of the GI Act allows the registered proprietor to apply for renewal during this grace period by paying the renewal fee along with an additional surcharge.

If the renewal application is not filed within the grace period, the Registrar may remove the GI from the register. Once removed, the GI tag is no longer protected, and any person can use the geographical name without restriction. However, the Act provides a mechanism for restoration of a removed GI, but this is not automatic and requires a separate application.

The renewal process is straightforward. The registered proprietor must file Form GI-2 along with the prescribed fee. The current fee for renewal of a GI is ₹5,000 for each class of goods. For restoration after removal, an additional fee of ₹1,000 is payable.

If a GI tag is not renewed within the 10-year term or the six-month grace period, the Registrar will remove the GI from the Geographical Indications Register. The consequences are significant:

1. Loss of exclusive rights: The registered proprietor and authorized users lose the right to use the GI tag exclusively. Any person can then use the geographical name for similar goods.
2. No legal protection: The GI tag cannot be enforced against infringers. The registered proprietor cannot file a suit for infringement or seek damages.
3. Public domain risk: The geographical name may become generic, making it difficult to re-register later.

However, the Act allows for restoration of a removed GI within one year from the date of removal. The registered proprietor must file an application for restoration, pay the renewal fee, and the restoration fee. The Registrar will consider the application and may restore the GI if satisfied that the non-renewal was unintentional.

The responsibility for renewing a GI tag lies with the registered proprietor, which is typically an association of persons, producers, or a statutory authority. For example, for the GI of "Basmati Rice," the registered proprietor is the Agricultural and Processed Food Products Export Development Authority (APEDA).

The registered proprietor must ensure timely renewal. They can also authorize an agent or attorney to file the renewal application on their behalf. The renewal application must include:

• The GI registration number
• The name and address of the registered proprietor
• The class of goods
• The prescribed fee

Authorized users of the GI tag are not directly responsible for renewal, but they benefit from the continued protection. If the GI is not renewed, authorized users lose their rights as well.

No, a GI tag is registered for a specific class of goods under the Nice Classification system. The renewal applies to the same class for which the GI was originally registered. You cannot renew a GI tag for a different class of goods.

For example, if a GI is registered for "handicrafts" (Class 20), it cannot be renewed for "agricultural goods" (Class 31). If you want protection for a different class, you must file a new application for a separate GI tag.

The renewal fee is calculated per class. If the GI is registered for multiple classes, the renewal fee must be paid for each class separately. The current fee is ₹5,000 per class.

If you are a registered proprietor of a GI tag, note the expiry date and file the renewal application at least three months before expiry to avoid the grace period. If your GI has already expired, file for renewal within the six-month grace period immediately. For specific guidance on your GI tag's renewal status, consult a qualified intellectual property attorney or the Geographical Indications Registry.