What is GI?
It is a name or sign that is used on goods by a group of producers or manufactures and that indicates that the goods have special quality, character or reputation because they are originating from a specific place (country or a geographical area of a country). (eg. Ceylon Tea, Ceylon Cinnamon, Ceylon Sapphire, Nuwaraeliya Tea, Ceylon Pepper and Ceylon Cashew)
Why protected?
As they carry the symbol of quality, character or reputation of the particular goods, it helps greatly to commercialize the goods. Protection given to GI’s will provide facilitation for the owners to face the competition when exporting their products to the international markets. The abuse ormisrepresentation of GIs is harmful to both the owners of GIs and the consumers as well.
Trademark vs. GI
A mark is a sign serving to distinguish the goods or services of different enterprises. GI indicates and informs the consumers and traders that a product is originating from a certain country or a geographical location of a country and has some special quality, character or reputation, due to its geographical location.
How protected?
The law protects GIs by prohibiting the use of it for the goods that are not actually originating from the respective geographical areas. The court can issue injunctions to prevent such use. In Sri Lanka, GIs are currently protected under Trade Mark registrations as Collective marks and Certification marks. GIs can also be protected under the laws of unfair competition and misrepresentation as to GI is an offence punishable as provided in the Act.
Currently new regulations are being drafted to provide facilities for GI registration in Sri Lanka which will enhance protection. Registration of GIs will facilitate exporters to penetrate into international markets and to prevent misuse of Sri Lankan origin GIs by other competitors.
Eg – Ceylon Tea and Ceylon Cinnamon.