Geographical Indications of Goods means indications, which identify a goods as originating in the territory of a member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Thus Geographical Indications of Goods Act provides the rights, to use the geographical indication, to the person(s) of a particular territory wherein the goods are originating, produced, processed, or prepared.
Plant Variety and Farmers Right Protection:Under this act breeders will have rights to protect the new variety of plant/crop either in person or through any one he designates. The rights under this act include the right to produce, sell, market, directly or export a variety.
Further the Act defines the farmer’s rights as follows:
The farmer shall be deemed to be entitled to save, use, sow, resow, exchange, share, or sell his farm produce including seed of a variety protected under this act in the same manner as he was entitled before the coming into force of this Act but the farmer shall not be entitled to sell branded seed of a variety protected under this Act.
Plants are not patentable in India. However the plants can be protected under the provision of the Plant Variety Protection and Farmers Rights Act as mentioned herein above.