The GI Act establishes a “first in time” priority system for the registration of GIs – that is, the first application for the registration of a GI has priority over any subsequent application for registration of an identical GI in respect of the same goods and having the same or a similar geographical origin.
The Registrar must reject any subsequent application received before the Registrar has accepted or rejected the first application.
See section 38 of the GI Act.
If there are competing applications, only one can succeed. The Registrar must not register a GI for a wine or spirit that is identical to a registered GI for a wine or spirit (as the case may be) in respect of the same or a similar geographical origin.
See section 10 of the GI Act.