Sri Lanka is home to products whose reputation and characteristics are closely associated with their geographical origin. Ceylon Tea, Ceylon Cinnamon, Ceylon Sapphire, Dumbara Mats and Ceylon pepper are well-known examples.
For such products, geographical indication (“GI”) protection can offer more than recognition of their origin. It can help protect the reputation of the product, prevent misuse of the geographical name and support the commercial interests of producers and exporters
What Is a Geographical Indication?
A geographical indication is a name or sign used on goods that identifies them as originating from a particular geographical area, where a particular quality, characteristic or reputation of those goods is attributable to that geographical origin.
Unlike a trademark, which generally identifies the goods or services of a particular business, a GI connects a product with a place and the qualities or reputation associated with that place.
A GI is not simply a brand that belongs to one business. It can represent the collective reputation of producers who meet the requirements associated with the geographical indication.
One of the most important aspects of GI protection is establishing the connection between the product and its geographical origin.
It is therefore not enough to identify a geographical name and seek registration. The application needs to establish what makes the product distinctive and how those qualities, characteristics or reputation are connected to the geographical area.
Sri Lanka’s legal framework recognises geographical indications under the Intellectual Property Act No. 36 of 2003, as amended by the Intellectual Property (Amendment) Act No. 8 of 2022. The amendment introduced a framework for the registration and protection of geographical indications. The detailed registration procedure was subsequently set out in the Registration of Geographical Indications Regulations of 2024, published by Extraordinary Gazette No. 2407/04 dated 22 October 2024.
The Specifications Matter
A key part of GI registration is the preparation of appropriate product specifications.
These specifications are intended to set out the characteristics of the product and the conditions under which the geographical indication may be used.
Depending on the product, this may involve matters such as:
The geographical area in which the product originates;
The characteristics and qualities of the product;
The methods of production, processing or preparation;
Requirements that producers must comply with; and
The means by which compliance with those requirements can be controlled.
This is one of the reasons why GI protection is different from ordinary trademark registration.
The objective is not merely to protect a name. It is to protect the integrity and reputation of the product associated with that name.
What Does the Registration Process Involve?
Applications must be submitted to the Director General of NIPO in the prescribed form, together with the required documents and fees, including details of the product, its geographical origin, the producers and the control plan.
NIPO examines the application and may seek expert advice, conduct site visits or request further information. If the application is considered admissible, it is published in the Gazette, allowing three months for opposition before it may proceed to registration.
NIPO maintains a Register of Geographical Indications and issues a certificate of registration to the registered owner.
Registration Is Only Part of the Protection
Obtaining registration is not necessarily the end of the process.
The value of a GI depends significantly on maintaining the standards and characteristics that give the product its geographical reputation.
If a GI is registered but producers do not maintain the required standards, the reputation associated with the indication may be weakened.
The registration framework provides for the amendment of specifications and associated control plans, recognising that GI protection involves an ongoing system rather than simply obtaining a certificate and leaving the matter there.
Who Can Benefit From a GI?
A GI is generally intended to benefit producers who operate within the relevant geographical area and comply with the requirements applicable to the product more specifically for the owners to face the competition when exporting their products to the international markets. Therefore, GI protection can be particularly valuable for products that compete in international markets.
A geographical name can carry significant commercial value when consumers associate it with a particular quality, reputation or origin.
For example, Ceylon Tea's international reputation is closely connected with Sri Lanka's history and tea-producing regions. The current EU GI application for Ceylon Tea sets out the geographical area, product characteristics and the connection between the reputation of the product and its geographical origin.
GI or Trademark?
Businesses and producer organisations sometimes assume that a GI is simply another form of trademark protection. It is not.
A trademark distinguishes the goods or services of one business from those of another. A GI, on the other hand, identifies goods as originating from a particular geographical area and having a particular quality, characteristic or reputation associated with that origin.
The Takeaway
A geographical indication is more than a geographical name.
Effective GI protection requires consideration of the product, its geographical origin, its characteristics or reputation, the producers entitled to use the indication, the applicable specifications and the mechanisms for maintaining those standards.
For Sri Lankan producers and exporters of distinctive local products, GI protection can therefore be an important tool for preserving reputation and creating commercial value in both local and international markets.