Draft explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The draft Guidelines for Filing a Geographical Indication Application, published for comments in September 2026, begin with preparation: who the applicant should be, whether the product qualifies, which type of goods it is, what name to use and how the producers should organise themselves. This article explains what the draft proposes and what a producer body can do with it now.
This is a draft published for comments (September 2026); it is not final, it is not law and does not have the force of law; the Act and the Rules as now in force prevail. The current position should be checked on ipindia.gov.in.
Under the draft, an application would normally be filed by a body that represents the producers, not by an individual. The draft proposes a six-point test for whether a product suits GI protection, groups goods as agricultural, natural or manufactured, asks for an existing name rather than an invented one, and suggests an umbrella organisation where several producer groups exist. Until anything is finalised, the Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Rules of 2002 as amended in 2020 and 2025 govern.
Where the draft sits
The draft restates a rule of the Act in its opening part, and it should be read as an aid to preparation, not as a source of requirements. The rule on who may apply is section 11(1); see our post on section 11. The definitions of goods, indication and producer are in section 2. Our geographical indication registration page explains how we turn this preparation into a filing. The 2011 Manual's treatment of the same topic is in our guide on who may apply under the Manual.
Who can apply (draft preamble and opening part)
The draft's preamble describes a GI as a shared community right that does not belong to one person or one business. It says an application is generally filed by a body that represents the interests of the producers and that an individual producer normally does not apply in a personal capacity. It attributes the legal basis to section 11(1) of the Act. The applicant, the draft says, may be an association or society of producers, a cooperative or trust, a farmer producer organisation, an artisan-run producer company, a commodity or development board, a non-government organisation working with the community, or an export-promotion body.
The draft would expect the applicant to show that it genuinely represents the producers and will protect their interests, with papers on legal status (such as a registration certificate, memorandum or constitution, bye-laws or articles) and a notarised affidavit on how it represents and safeguards them. Where several producer associations exist in the same area, the draft suggests that they may form an umbrella organisation. Our guide on who can apply for GI registration covers the statutory position.
The six conditions for a suitable product (draft part A, item 1)
The draft proposes that a product be tested against six basic conditions before filing:
| Condition | In the draft's words, summarised |
|---|---|
| Geographical area | The product originates from an identifiable region, district or locality |
| Link | A clear connection between product and place, direct (place in the name) or indirect (name traditionally known to indicate the place) |
| Reputation | An established reputation, local, national or international |
| Historical origin | Evidence of long association with the area |
| Uniqueness and quality | Distinctive features and the ability to maintain quality consistently |
| Producer community | A community that makes, grows or prepares the product and whose skills matter to the claim |
The draft says a product should satisfy all of these to build a strong case. Treat it as a screening list for the society's first meeting, not as a statutory test. The legal test remains the definition in the Act.
Types of goods (item 2)
The draft sorts eligible goods into three groups. Agricultural goods include agriculture, horticulture, floriculture, sericulture, apiculture, forest produce and timber-based goods. Natural goods are those found in nature and linked to an area, such as minerals and stone. Manufactured goods include handicrafts, textiles, industrial goods, foodstuffs and beverages. The group matters because it decides who counts as a producer and what the specification must describe. See our notes on GI for handicrafts and handloom products and on agricultural products. For classification of goods under the Rules, see rules 21 and 22.
Choosing the name (item 3)
The draft proposes that the name should be an existing one, known and popularly used where the product is made, and not a new or invented name created only for filing. It may combine a place name with a traditional product name, or use a symbol or picture clearly suggesting the place.
It distinguishes two types. A direct name includes the place, before or after the product name; the draft's examples include Nagpur Orange. An indirect name does not include the place but is recognised as connected to a product and place, with Basmati given as an example. These are the draft's examples only and say nothing about any registration status.
The draft adds two cautions. The name need not be identical to the name of the production area: a product known by a city may be made in nearby villages, or a state's name may be associated with a product made in a small part of it. The application should state the actual production area and explain the link. And the area should follow where the product has traditionally been made and where the skills or conditions exist, not simply a district or state boundary, unless that boundary truly matches the history and production.
The producers and their organisation (items 4 and 5)
Item 4 would have the community identify the actual number of producers, the community mainly involved in production and the traditional or hereditary skills they hold. Item 5 proposes organising producers into a trust, association, society or farmer producer company that represents the interests of the producers of the goods; where there are more than two or three associations it suggests an umbrella organisation. The draft repeats the text of section 11(1) and explains that "authority" is wide enough to cover statutory bodies, with examples such as commodity boards and producer companies.
What changes between the draft and the law
Nothing in the draft creates a duty. If the draft's text on any point goes further than the Act or the Rules, the Act and Rules prevail, and anything the draft says on forms or fees must be checked against the Rules as amended in 2020 and 2025 and the First Schedule substituted in 2025.
A worked example
The Kaveripur Pottery Artisans' Association (an invented body) wants a GI for "Kaveripur Black Pottery". There are three artisan groups in the area.
Using the draft as a preparation aid, the association meets all three and counts the families actually making the pottery, noting the hereditary skill in each. It forms a single umbrella society with bye-laws, and prepares a notarised affidavit on how it represents the three groups. It confirms the name is the one used in the local market for generations, and not one invented for the application. The producing villages are marked from where clay is dug and fired, not from the district line, and the society explains that the firing technique belongs to only some villages of the district.
Common lapses
- Treating the draft's six conditions as the legal test.
- Choosing a fresh brand name instead of the name people already use.
- Drawing the area to match the district rather than the production.
- Letting competing associations file separately for the same name.
- Relying on the draft's wording of fees or forms before it is final.
Need help preparing the producer body?
Getting the applicant, the name and the area right before filing prevents objections later. Our team works with societies, FPOs and boards on this stage; see our geographical indication registration service.
Key takeaways
- The draft proposes that a representative body, not an individual, applies.
- Six conditions are suggested for screening a product.
- Goods are grouped as agricultural, natural or manufactured.
- The name should be an existing one, direct or indirect.
- The Act and Rules, not the draft, govern until anything is finalised.
Read next
- Draft filing guidelines 2026: specification, geographical area and proof of origin
- Draft filing guidelines 2026: checklist of documents and online filing
- Manual Chapter 3: who may apply and the types of application
- What the GI Registry Manual and the drafts are
Disclaimer: Based on the documents of the Geographical Indications Registry named in the article (the Manual of Geographical Indications Practice and Procedure, Version 01.11 of 26 July 2011, and the draft guidelines published for comments in October 2025 and September 2026), as consulted on 4 October 2026. A draft is not final; none of these documents has the force of law; the Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Rules of 2002 as now in force prevail and the current position should be checked on ipindia.gov.in. This article is general information, not legal advice; check the official text before acting.