Article 22 (1) of the trips agreement defines “geographical indication” as “indications which discover an awesome as originating within the territory of a member, or an area or locality in that territory, in which a given nice, popularity or other characteristic of the good is essentially as a consequence of its geographical foundation”. 

Provisions against misleading the public:

Member states are required to provide the mechanisms that allow fascinated events to prevent untruthful and misleading makes use of geographical indicators. article 22 (2) (a) affords that members shall offer the legal means for interested events to prevent: “using any way within the designation or presentation of an amazing that suggests or indicates that the good in query originates in a geographical region apart from the proper location of beginning in a way which misleads the general public as to the geographical beginning of the best.” in different phrases, tea growers in Nepal can also no longer name their tea “Darjeeling or Kangra,” even supposing they are genetically same to tea grown in Darjeeling or Kangra. Similarly, literal truth isn't a defence if the usage of the geographical indication misleads the public. Therefore, tea growers in Darjeeling (which is an area elsewhere than the Darjeeling in west Bengal, India) won't marketplace their tea as “Darjeeling” tea. Member states whose law might otherwise permit this use should refuse to sign in or cancel registrations of deceptive geographical indications. Indian rules, the GI Act, 1999 gives exactly for this.

 Additional Protection for Geographical Indications for wines and spirits (article 23):

Articles 23 and 24 offer broader safety for geographical indicators for wines and spirits than for other products. A fascinated party want not prove that the general public has been misled through the usage of the indication with a view to obtain alleviation. Even if the public isn't always misled with the aid of an advertisement for “St.Emilionstyle bourdeaux,” “imitation calvados,” or “Nuits st. Georges fine wine,” one of these use violates article 23. a grandfather clause, but, allows persevering with uses of indicators initiated greater than ten years previous the end of the Uruguay spherical or any correct faith use initiated earlier than that date. Further, till a geographical indication is protected in its use of a of foundation, rights received in correct religion through use or registration of a trademark incorporating the indication are immune from attack.

Exceptions (article 24):

In a few instances, geographical warning signs do now not must be covered or the protection may be confined. Most of the exceptions that the settlement lets in are:

• When a name has come to be the not unusual (or “frequent”) time period (as an example, “cheddar” now refers to a selected kind of cheese now not always made in cheddar, in the UK), and
• When a term has already been registered as a trademark.

International locations hire a huge variety of felony way to defend Geographical warning signs: starting from particular geographical indicators laws to trademark law, client protection law, and not unusual regulation. The TRIPS agreement and current journeys paintings in the WTO keeps song of that range.