Sections 84 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.
Sections 84 and 85 deal with foreign applicants and foreign indications. Section 84 lets the Central Government notify countries, groups of countries, unions and inter-governmental organisations as "convention countries" where they give Indian citizens similar privileges, and it protects continued, similar use of certain wine and spirit indications. Section 85 is a reciprocity rule: where a notified country does not give Indian citizens the same rights in registering and protecting geographical indications that it gives its own nationals, its nationals cannot apply for registration or be registered as proprietor or authorised user in India. If you are a foreign producer, an importer of indicated goods or an Indian exporter, our GI registration service can help you read these provisions against your case.
Section 84(1): the Central Government may, by notification, declare a country, group of countries, union of countries or Inter-Governmental Organisation that affords Indian citizens similar privileges to be a convention country. Section 84(2): nothing in this Act or the Trade Marks Act, 1999 prevents continued and similar use of a notified country's indication identifying wines or spirits, by a citizen or domiciliary who has used it continuously for at least ten years before 15 April 1994, or in good faith before that date. Section 85: where a notified country does not give Indian citizens the same rights, its nationals are not entitled to apply for registration, be registered as proprietor or be registered as an authorised user.
Status after the amending Acts
Neither section is on the Tribunals Reforms Act, 2021 list, and neither is changed by the Jan Vishwas (Amendment of Provisions) Act, 2023. The printed text is current. The text we read does not list any notified country, and we name none.
Section 84(1): declaring convention countries
"With a view to the fulfilment of a treaty, convention or arrangement with any country or a country which is a member of a group of countries or union of countries or Inter-Governmental Organisations outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country or group of countries or union of countries or Inter-Governmental Organisations to be a convention country or convention countries for the purposes of this Act."
| Element | What the text says |
|---|---|
| Purpose | To fulfil a treaty, convention or arrangement |
| Who qualifies | A country, a member of a group or union of countries, or an Inter-Governmental Organisation, outside India |
| Condition | It affords citizens of India similar privileges as it grants to its own citizens |
| How | By notification in the Official Gazette |
| Result | Declared a convention country or convention countries "for the purposes of this Act" |
The section gives a power ("may"). A country becomes a convention country only if notified. The text does not say what privileges a convention country's citizens get under the Act, beyond using the term "convention country" "for the purposes of this Act". The Act's own provisions on applications are described in the article on section 11.
Section 84(2): wines and spirits, continued and similar use
"Nothing contained in this Act or the Trade Marks Act, 1999 (47 of 1999) shall prevent a continued and similar use of geographical indication relating to a country or a country which is a member of a group of countries or union of countries or any Inter-Governmental Organisations, as the case may be, notified under sub-section (1) identifying wines or spirits in connection with goods by any citizen or domiciliary of such country who has used that geographical indication in continuous manner with regard to such goods or any goods relating to such goods, as the case may be, in any part of the territory of that country either—
- (a) for at least ten years preceding the 15th day of April, 1994; or
- (b) in good faith preceding the date referred to in clause (a)."
Broken down:
| Point | Detail |
|---|---|
| What is protected | Continued and similar use of a geographical indication identifying wines or spirits |
| Whose indication | Relating to a country or group notified under sub-section (1) |
| Who may continue | A citizen or domiciliary of that country who has used it in a continuous manner with regard to such goods or goods relating to them, in any part of that country's territory |
| Qualifying use (a) | At least ten years preceding 15 April 1994 |
| Qualifying use (b) | In good faith preceding that date |
| Effect | Neither this Act nor the Trade Marks Act, 1999 prevents such continued, similar use |
Several features are worth noting:
- It is limited to wines and spirits. The text does not extend it to other goods.
- It protects use by citizens or domiciliaries of a notified country; it is not a general exception.
- The two clauses are alternatives, joined by "or": ten years' use before 15 April 1994, or good-faith use before that date. Whether clause (b) is meant to refer to use of a shorter period or simply "before" the date is for the court to say; the text does not elaborate.
- It overrides both this Act and the Trade Marks Act, 1999, so a trade mark owner cannot use the Trade Marks Act to stop such use either.
Example. An invented country, Westland, is notified as a convention country. A Westland vintner has labelled its wine with a place name for twelve years before 15 April 1994, and continues to do so. Section 84(2) means neither this Act nor the Trade Marks Act, 1999 stops that continued, similar use in connection with wines. A Westland producer of cloth using the same place name gets no help from the sub-section, because it concerns wines and spirits only. The country and facts are invented.
Section 85: reciprocity
"Where any country or a country which is a member of a group of countries or union of countries or any Inter-Governmental Organisation specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the registration and protection of geographical indications as it accords to its own nationals, no nationals of such country or a country which is a member of a group of countries or union of countries or Inter-Governmental Organisations, as the case may be, shall be entitled—
- (a) to apply for the registration of, or be registered as the proprietor of geographical indication;
- (b) to apply for registration or be registered as an authorised user of a geographical indication."
| Element | What the text says |
|---|---|
| Trigger | A country, member of a group or union, or Inter-Governmental Organisation specified by the Central Government by notification |
| Condition | It does not accord Indian citizens the same rights in registration and protection of geographical indications as its own nationals |
| Effect on its nationals | Not entitled to (a) apply for registration or be registered as proprietor; (b) apply for registration or be registered as an authorised user |
Section 85 is the stick, to section 84's carrot. A country can be notified under section 84(1) as a convention country because it gives Indian citizens similar privileges, and a country can be specified under section 85 because it does not give the same rights. The text does not say that the two notifications must be separate or that a country cannot be dealt with under both. The section works through the notification of the Central Government, so a national of a country is affected only if it has been specified.
The persons who may apply in India are described in the article on who can apply for GI registration. Section 85 adds a limit on foreign nationals who come from a specified country.
What the sections do not say
- They do not name any country, group or organisation.
- Section 84(1) does not say what privileges a convention country's applicants get.
- Section 84(2) does not define "similar use" or "continuous manner".
- Section 85 does not say whether registrations already granted are affected; it speaks of entitlement to apply or be registered.
- The text states no fee, form or time limit.
Practical points
- Check the Official Gazette for the current notifications under sections 84 and 85 before advising a foreign client.
- For wines and spirits, gather evidence of continuous use before 15 April 1994 if you rely on section 84(2).
- Indian exporters should check how the destination country treats Indian geographical indications; reciprocity runs both ways.
- If you are a foreign national applying in India, confirm that your country has not been specified under section 85.
Need help with a foreign or cross-border GI application?
Whether a country is notified, and on which side of section 84 or 85, decides who can apply. Our GI registration service can check the current notifications, advise on foreign applicants and exporters and prepare the application where it is open.
Key takeaways
- Section 84(1): the Central Government may notify convention countries that give Indian citizens similar privileges.
- Section 84(2): continued, similar use of a notified country's wine or spirit indication is protected where used for at least ten years before 15 April 1994, or in good faith before that date.
- Section 85: nationals of a specified country that does not give Indian citizens the same rights cannot apply for registration or be registered as proprietor or authorised user.
- The sections work only through notifications, and the text names no country.
Read next
- Section 11: application for registration of a geographical indication
- Sections 86–87: removal of difficulties and power to make rules
- Sections 82–83: declaration of title and Government bound
- Who can apply for GI registration: producers and associations
Disclaimer: Based on the Geographical Indications of Goods (Registration and Protection) Act, 1999 read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the rules made under the Act. This article is general information, not legal advice; check the official text before acting.