Section 37 of GIG Act, 1999 : Section 37: Meaning Of Applying Geographical Indications

Explanation using Example

Imagine a scenario where a local weaver in India produces silk sarees and wishes to market them under the famous geographical indication "Banarasi Silk," which is known for its origin and quality from the region of Varanasi. The weaver applies a tag on the sarees and the packaging that states "Genuine Banarasi Silk" and advertises them online with this indication. According to Section 37 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, the weaver is deemed to apply a geographical indication to goods as:

• The tag with "Banarasi Silk" is applied directly to the sarees (subsection a).
• The same tag is also on the packaging in which the sarees are sold (subsection b).
• Any advertisement or online listing of the sarees references "Banarasi Silk" to attract customers (subsection d).
• When a customer places an order referring to the "Banarasi Silk" indication in their request, the sarees are delivered with the indication used in the commercial transaction (subsection e).

This section of the act ensures that the geographical indication is properly used and associated with the goods, both on the product itself and in commercial activities, to maintain the integrity and authenticity of the goods originating from that geographical area.