Geographical Indications (GIs) have become one of the most important tools for protecting traditional knowledge, regional identity, and culturally significant products across the world. For a country like India, which is home to exceptional diversity in agriculture, handicrafts, textiles, natural resources, and traditional artistry, GI protection provides an essential legal mechanism to preserve the uniqueness of these products. Examples include Darjeeling Tea, Banarasi Sarees, Kashmir Pashmina, Alphonso Mango, and Pochampally Ikat.

While GI protection within India is governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999, the value of a GI increases substantially when recognised internationally. International recognition allows Indian GI products to enter foreign markets with authenticity, prevent misuse abroad, strengthen export potential, and safeguard the economic interests of millions of farmers and artisans.

This article explores the international recognition of Indian GI tags, the legal frameworks involved, landmark disputes, international case laws, the challenges faced, and the future prospects for India’s GI protection on the global stage.

I. Understanding International GI Protection

A GI recognised in India does not automatically enjoy protection in foreign countries. Instead, recognition must come from:

1. International treaties,
2. Bilateral agreements,
3. Regional systems, or
4. National laws of other countries.

The need for international protection is deeply linked to global trade. Without it, foreign companies can mislabel or imitate Indian products, harming both consumers and domestic producers.

II. Global Legal Framework for GIs

Several international instruments govern GI protection.

1. TRIPS Agreement (WTO)

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), administered by the World Trade Organization (WTO), is the most important global instrument for GI protection.

Under Articles 22–24:

Article 22 – General Protection

• Protects GIs against misleading use or unfair competition.

Article 23 – Additional Protection for Wines and Spirits

• Provides higher protection for GIs related to wines and spirits.

Article 24 – Exceptions

• Allows certain exceptions if a term has become generic.

India, being a WTO member, uses TRIPS provisions to defend its GI products internationally.

2. Lisbon Agreement (Not India-Specific)

This agreement allows stronger GI protection, but India is not yet a member. Nonetheless, many countries recognise GIs under its 2015 Geneva Act.

3. Bilateral Agreements

Countries often enter into bilateral agreements for mutual GI recognition.

India has taken steps to negotiate GI-related provisions with:

• the European Union,
• Japan,
• Switzerland,
• ASEAN nations.

These efforts will significantly increase protection abroad.

4. Domestic Laws of Foreign Countries

Many countries have their own GI systems, under which Indian GIs can be protected if registered.

For example:

• The European Union has a PDO/PGI system.
• China has GI protection under its Trademark Law.
• The United States has GI protection via certification marks.

III. Why International Recognition Is Important for India

International recognition provides multiple benefits:

1. Prevents Misuse and Counterfeiting Abroad

Indian GIs like Darjeeling Tea, Pashmina Shawls, and Basmati Rice have faced decades of misappropriation.

2. Increases Export Potential

Authentic GI products get premium prices in foreign markets.

3. Protects Reputation of Indian Heritage Goods

GI recognition preserves cultural identity on the global stage.

4. Strengthens Rural Economies

Millions of artisans and farmers depend on GI products.

5. Promotes Sustainable Development

International markets encourage environmentally sustainable and traditional production.

IV. International Recognition of Popular Indian GIs

1. Darjeeling Tea (West Bengal)

Darjeeling Tea is the first Indian GI to receive international recognition.

Recognition Abroad:

• Registered as a Certification Trademark in the United Kingdom, USA, Japan, and Australia.
• Recognised in Europe under GI rules.

Impact:

Significantly reduced misuse of the Darjeeling name in global tea markets.

2. Basmati Rice (Indo-Gangetic Region)

One of the most contested GI-like products internationally.

International Disputes:

• The “Texmati” case in the United States.
• Several trademark attempts by foreign companies to appropriate the name.

Outcome:

India successfully challenged attempts abroad and strengthened the reputation of Basmati.

3. Alphonso Mango (Maharashtra)

Recognised widely in Gulf countries and Europe due to export quality controls.

4. Kashmir Pashmina

Internationally recognised for its luxurious quality.

Global Issues:

Large global markets were flooded with counterfeit Pashmina from other countries. International recognition helped curb misuse.

5. Pochampally Ikat (Telangana)

Extensively exported to the United States, Japan, and Europe.

6. Kolhapuri Chappals (Maharashtra & Karnataka)

Recognised by foreign markets due to quality and craftsmanship.

V. Important International Disputes Related to Indian GIs

Indian GI products have been part of several international legal battles.

1. The Basmati Legal Disputes Abroad

Case Background

American company RiceTec attempted to patent and trademark “Basmati” for rice grown in Texas.

Issues

• Would consumers be misled?
• Can a foreign company monopolise a traditional name?

Outcome

• India challenged several claims.
• RiceTec eventually withdrew many contested claims.

Significance

The case helped establish that names associated with regions cannot be loosely trademarked abroad.

2. Darjeeling Tea Protection Cases

The Tea Board of India faced numerous challenges abroad, including:

• False labelling of tea as “Darjeeling”
• Trademark registration attempts containing the word “Darjeeling”

Global Approach

The Tea Board secured certification marks in several jurisdictions.

Impact

Improved global compliance with authentic Darjeeling production standards.

3. Scotch Whisky Cases (Relevant for GI Analogy)

Although Scotch Whisky is not Indian, Indian courts recognised its GI status strongly.

Key Judgments

• Scotch Whisky Association v. Golden Bottling Ltd. (Delhi High Court)
• Khoday Distilleries v. Scotch Whisky Association (Supreme Court)

Global Importance

These Indian decisions show international courts often extend reciprocal respect towards each other’s GIs.

This strengthens India’s position internationally.

VI. International Challenges Faced by Indian GIs

Despite strong GI laws, international recognition is not automatic.

1. Lack of Mutual Recognition Agreements

Few countries have comprehensive GI-recognition treaties with India.

2. High Cost of Registration Abroad

Foreign GI registrations are expensive.

3. Counterfeit Products Still Exist Abroad

Especially in markets where enforcement is weak.

4. Difficulty Proving Origin Abroad

Foreign jurisdictions require rigorous proof of geographical linkage.

5. Confusion Between Trademarks and GIs

Some countries protect GIs under trademark law, creating clashes.

6. Lack of Producer Awareness

Local communities often do not understand how to protect their rights globally.

VII. Role of the Indian Government in Global GI Protection

The Indian government and export boards actively help secure international protection.

1. Registration of Indian GIs Abroad

Agencies assist in filing certification marks and GI applications abroad.

2. International Negotiations

India demands:

• elimination of misuse abroad,
• recognition of Basmati, Darjeeling, and other iconic products,
• inclusion of GI protection in trade agreements.

3. Promotion Through Global Platforms

GI products are promoted in trade fairs, summits, and brand-building events.

4. Collaboration with Export Councils

Examples include:

• Tea Board of India
• Coffee Board
• Spices Board
• Silk Mark Organisation of India
• TRIFED

These organisations promote authenticated GI products internationally.

VIII. Comparative GI Recognition in the European Union

The EU has the strongest GI protection system globally, including:

• Protected Designation of Origin (PDO)
• Protected Geographical Indication (PGI)

Several Indian products are in the process of being recognised.

Darjeeling Tea was one of the earliest accepted into EU systems.

IX. Bilateral Trade Agreements and Indian GIs

India is pushing for mutual GI recognition in its trade agreements.

Examples include:

• India–EU Free Trade Agreement (ongoing negotiation)
• India–Australia Economic Cooperation partnership
• India–Japan CEPA

These agreements propose reciprocal GI protection mechanisms.

X. Judicial Interpretation Supporting International Protection

Indian courts recognise the global importance of GIs.

1. Tea Board v. ITC Ltd. (Calcutta HC)

Clarified that GI rights are linked to goods, strengthening clarity in foreign protection disputes.

2. Scotch Whisky Association v. Golden Bottling Ltd. (Delhi HC)

Reaffirmed the significance of geographical reputation.

3. Khoday Distilleries v. Scotch Whisky Association (Supreme Court)

Held that origin-based names cannot be misused.

4. Basmati Rice Disputes (Global Jurisdictions)

Courts and trademark registries abroad acknowledged that “Basmati” signifies Indian–Pakistani geographical heritage.

XI. The Future of International Recognition of Indian GIs

India’s GI sector is poised to grow significantly

1. Increasing Global Demand for Authentic Products

Consumers prefer products with:

• traceability,
• organic methods,
• heritage value.

Indian GIs excel in these categories.

2. Expansion of International Registrations

More Indian products such as:

• Aranmula Mirror,
• Mysore Silk,
• Pochampally Ikat,
• Channapatna Toys,
• Nagpur Orange

are seeking global protection.

3. GI Tourism

Many countries utilise GIs for tourism. India is moving in the same direction.

4. Strengthening of GI Producer Networks

Government schemes now train producer organisations to meet global standards.

5. Potential Accession to the Geneva Act

India may eventually join the Lisbon–Geneva system for stronger international GI protection.

Conclusion

The international recognition of Indian GI tags has become a vital component of India’s global trade and cultural identity. While domestic protection under the GI Act, 1999 is strong, global protection requires constant vigilance, international cooperation, and strategic legal action. Landmark cases involving Darjeeling Tea, Basmati Rice, and Pashmina illustrate the challenges and victories of India in defending its GIs internationally.

As India continues to negotiate bilateral agreements, strengthen WTO engagement, promote GI products through export boards, and educate local producers, the future of Indian GIs on the global stage looks extremely promising. International protection not only preserves authenticity and quality but also uplifts millions of farmers, artisans, and craftspeople whose livelihoods depend on India’s rich traditional heritage.