Geographical Indications and Handicrafts: Comparison of the European Union and the India System

The European Union’s New Framework for Craft and Industrial Geographical Indications

A Geographical Indication (GI) is the name of a product originating from a specific place, region, or country whose quality, reputation, or other characteristics are essentially attributable to its geographical origin. In addition, at least one stage of production must take place within the defined geographical area. Lately, GI protection in the European Union focused on agricultural products, wines, spirits, and foodstuffs. However, this situation changed significantly with the adoption of Regulation (EU) 2023/2411 on the protection of geographical indications for craft and industrial products.

Prior to its adoption, non-agricultural products could only be protected if they were covered by their national system. The differing legal frameworks and unequal levels of protection across the European Union were due to the fact that some EU countries may or may not have incorporated this system of protection.

Thanks to the new regulation, a harmonized framework has been established that covers all Member States. It enables producers of craft and industrial products to obtain protection across the European Union through a single GI application. 

In this regard, the registration system, which was entered into force on 1 December 2025, makes it possible for producers to apply for EU-wide protection under one unified procedure. 

The regulation distinguishes between two broad categories of products. Craft products are those manufactured mainly by hand, provided that human craftsmanship remains an essential component of the finished product. Industrial products, by contrast, are produced in a more standardized manner, often involving machinery and serial production processes.

To qualify for protection, products must satisfy three fundamental requirements. First, they must originate from a specific geographical area. Second, their reputation, quality, or characteristics must be linked to that geographical origin. Third, at least one stage of production must take place within the designated territory.

The registration process follows a two-step approach. Applications are initially examined at national level by the competent authorities of the Member State concerned. After national verification, the application is forwarded to the European Union Intellectual Property Office (EUIPO), which conducts a further assessment before granting protection. Successful applicants may use the official Protected Geographical Indication symbol, enabling consumers to identify authentic craft and industrial products linked to a specific place of origin.

One of the most significant benefits of the new system is its contribution to rural development and cultural preservation. Many traditional crafts depend on skills transmitted across generations and closely connected to local communities. By protecting these products, the EU aims to strengthen regional economies, support small and medium-sized enterprises, encourage investment, preserve cultural heritage, and stimulate tourism. Consumers increasingly seek products with authenticity, identity, and traceability, making GI protection an important economic tool.

The regulation also facilitates international protection. Producers from non-EU countries that are members of the Geneva Act of the Lisbon Agreement administered by WIPO may seek protection within the European Union. This contributes to greater international recognition of traditional products and strengthens cross-border protection against imitation and unfair competition.

Geographical Indications in India

India protects geographical indications (GIs) through a dual legal framework. First, protection may be obtained through Certification Trade Marks under the Trade Marks Act, 1999. A certification trade mark distinguishes goods or services that have been certified by the proprietor with respect to their origin, method of manufacture, quality, accuracy, or other characteristics. Secondly, India provides a dedicated sui generis system under the Geographical Indications of Goods (Registration and Protection) Act, 1999 (hereinafter, GI Act). The GI Act was enacted to implement India's obligations under Articles 22–24 of the TRIPS Agreement and to provide a specific legal framework for the registration and protection of geographical indications.

The GI Act establishes an official registry through which applications may be submitted by associations of producers, organizations, or other entities representing the interests of producers of a particular geographical area. The definition of a geographical indication is broad enough and covers agricultural goods, natural goods, manufactured goods, handicrafts, industrial products, and foodstuffs whose quality, reputation, or other characteristics are essentially attributable to their geographical origin. In the case of manufactured goods, at least one of the stages of production, processing, or preparation must take place within the designated geographical area.

Although registration under the GI Act provides the strongest form of legal protection, it is not the exclusive means of protecting geographical indications in India. The Act expressly preserves the common-law remedy of passing off. 

A distinctive feature of the Indian system is the concept of Authorized Users. Once a geographical indication has been registered, individual producers must separately register themselves as Authorized Users in order to obtain the legal right to use the registered GI and to enforce the rights conferred by the Act.

Registration is valid for ten years and may be renewed indefinitely upon payment of the prescribed renewal fees. This differs from the European Union system, where protection generally continues indefinitely provided that the product continues to comply with the approved product specification.

The GI Act provides both statutory and common-law protection against misuse. Under Section 22 of the Act, a registered geographical indication is infringed where an unauthorized person uses the GI in a manner that falsely suggests a geographical origin different from the true place of origin or otherwise misleads consumers. The Act also considers as infringement acts of unfair competition, including passing off, and prohibits practices that create confusion regarding the origin, nature, manufacturing process, characteristics, suitability, or quality of goods. These provisions complement the broader common-law action of passing off available even in respect of unregistered geographical indications.

Beyond its function as an intellectual property right, the GI system serves as an important instrument for preserving traditional knowledge, safeguarding artisanal techniques, protecting local cultural identities, and promoting sustainable economic development in rural communities. Many Indian handicrafts embody centuries of accumulated expertise and cultural heritage, and GI protection contributes to maintaining their commercial value in increasingly competitive global markets.

India has also sought to strengthen consumer recognition through the development of a national GI logo. The logo is intended to certify the authenticity and geographical origin of registered Indian GI products and may only be used in accordance with the applicable regulatory framework. It is not intended for foreign geographical indications or for processed products that merely incorporate GI-protected raw materials.

Given the importance of GIs in India, specific guidelines have been under development since October 2025, with the aim of regulating the use of the GI logo and ensuring it is used correctly. These guidelines aim to ensure greater harmonization in the use of the logo and provide greater clarity and transparency in the Indian market. This demonstrates the Indian government’s commitment to providing greater security and protection for GIs.

Comparing the European Union and India

The geographical indication systems of the European Union and India share several important similarities. Both are based on the fundamental connection between products and territory. Both require product specifications and a demonstrable geographical link. Furthermore, both systems protect against misleading use, misappropriation of reputation, and unfair competition.

Importantly, both jurisdictions have adopted sui generis GI protection frameworks rather than relying exclusively on trademarks. In both cases, geographical indications are viewed as tools for rural development, cultural preservation, and economic valorisation of traditional products.

However, significant differences remain.

One major difference relates to handicrafts. India has long incorporated handicrafts and manufactured products within its GI framework, making them a central component of its system. By contrast, the European Union historically focused almost exclusively on agricultural products. Only with the introduction of Regulation (EU) 2023/2411 and the opening of registrations in December 2025 did the EU establish a specific continental framework for craft and industrial products.

Enforcement capacity also differs. The European Union generally benefits from stronger monitoring systems, greater institutional resources, and more developed enforcement mechanisms. India continues to face challenges related to producer awareness, market surveillance, and counterfeiting, although ongoing reforms seek to address these issues.

Despite these differences, recent developments suggest growing convergence between the two systems. Both jurisdictions increasingly recognize the economic and cultural value of handicrafts and traditional knowledge. The EU’s new craft and industrial GI framework bring its approach closer to India's long-established model in this area.

Cooperation between the European Union and India has also intensified. On January 2026, the parties signed a Free Trade Agreement that includes provisions relevant to geographical indications. While there is no automatic mutual recognition of all GIs, the agreement facilitates cooperation and supports the protection of geographical indications through registration procedures in each jurisdiction. 

In conclusion, the European Union and India pursue similar objectives through their GI systems: protecting authenticity, preserving cultural heritage, supporting local producers, and promoting regional development. Historically, India has been considerably more advanced in protecting handicrafts through geographical indications, whereas the European Union concentrated on agricultural products. However, the introduction of the EU's new framework for craft and industrial products significantly narrows this gap. Today, the two systems remain different in certain procedural aspects, but they are increasingly aligned in their recognition of the economic, cultural, and social importance of geographical indications.