Copyright, Trademark, Geographical Indication (GI), Differences

Jan 14, 2021

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Table of contents

Copyright

Copyright is a legal term used to describe the rights that creators have over their literary & artistic works.
Works covered by copyright range from books, music, paintings, sculpture & films, to computer programs, databases, advertisements, maps & technical drawings.
Copyrights in India are governed by “The Copyright Act, 1957”.

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
Trademarks date back to ancient times when artisans used to put their signature or “mark” on their products.
Trademarks in India are governed by Trade Marks Act 1999 which was amended in 2010.

A GI tag is a legal recognition given primarily to an agricultural, natural or a manufactured product (handicrafts & industrial goods) originating from a definite geographical territory.
GI tag conveys an assurance of quality & distinctiveness of a product, which is essentially attributable to the place of its origin.
Most commonly, a geographical indication includes the name of the place of origin of the goods.
Once the GI protection is granted, no other producer can misuse the name to market similar products.
It also provides comfort to customers about the authenticity of that product.
Geographical Indicators in India are governed by “The Geographical Indications of Goods (Registration & Protection) Act, 1999”.

A trademark is a sign/word/phrase used by an entity to distinguish its goods & services from those of others.
A geographical indication tells consumers that a product is produced in a certain place & has certain characteristics that are due to that place of production.
A trademark gives the entity the right to prevent others from using the trademark.
On the other hand, GI may be used by all producers who make their products in the place designated by a geographical indication.