A geographical indication is a sign used on goods and stating that a given product originates in a given geographical area and possesses qualities or reputation due to that place of origin.
Geographical indications may be used for a variety of products, such as agricultural products: for example cheese (e.g. “Roquefort” produced in this region of France), olive oil (e.g. “Tuscany” for olive oil produced in a specific region in Italy), or tea (e.g. “Darjeeling”, which is grown in India). They are very often associated with wines and spirits, such as “Scotch Whisky” which originates in Scotland.
The use of geographical indications is not limited to agricultural products or alcoholic beverages. They may also highlight specific qualities of a product, which are due to human factors that can be found in the place of origin of the products, such as specific manufacturing skills and traditions. That place of origin may be a village or town, a region or a country. An example for the latter is “Switzerland” or “Swiss,” which is perceived as a geographical indication in many countries for products that are made in Switzerland and, in particular, for watches.

Difference between a Geographical Indication and a Trademark

A trademark is a sign used by an enterprise to distinguish its goods and services from those of other enterprises. It gives its owner the right to exclude others from using the trademark.
A geographical indication tells consumers that a product is produced in a certain place and has certain characteristics that are due to that place of production. All producers who make their products in the place designated by a geographical indication and whose products share typical qualities may use it. For example, all Swiss watchmakers, who comply with the official production standards for Swiss watches, can use “Switzerland” but “ROLEX” is the exclusive right of the Rolex watch manufacturer.

Protection of Geographical Indication

 A geographical indication is protected in accordance with national laws in various ways, such as:
- Laws against unfair competition;
- Consumer protection laws;
- Laws for the protection of certification marks or collective marks; or
- Special laws for the protection of geographical indications or appellations of origin.
In essence, unauthorized parties may not use geographical indications if such use is likely to mislead the public as to the true origin of the product.
Applicable sanctions range from court orders preventing the unauthorized use, to the payment of damages and fines or, in serious cases, imprisonment.

Protection of Geographical Indication at the International Level

A number of treaties administered by WIPO provide for the protection of geographical indications, most notably the Paris Convention for the Protection of Industrial Property of
1883 and the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration of 1958.

Need to protect Geographical Indications

Geographical indications are understood by consumers to denote the origin and the quality of products. Many of them have acquired valuable reputations which, if not adequately protected, may be misrepresented by dishonest commercial operators. False use of geographical indications by unauthorized parties, for example “Darjeeling” for tea that was not grown in the tea gardens of Darjeeling, is detrimental to consumers and legitimate producers. Consumers are deceived into believing that they are buying a genuine product with specific qualities and characteristics, whereas they have actually got a worthless imitation. Producers suffer damage because valuable business is taken away from them and the established reputation of their products is adversely affected.