| Geographical
Indications Registry
INTELLECTUAL PROPERTY INDIA What is a geographical indication? It is and indication or appellation of origin. Ø It is used to identify agricultural natural or manufactured goods. Originating in the said area.Ø It originates from a definite territory in India.Ø It should have a special quality or characteristics or reputation based upon the climatic or production characteristics unique to the geographical location.Examples of possible Geographical Indications in India. Some of the examples of possible Geographical Indications in India include Basmati Rice, Darjeeling Tea, Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, etc. What are the benefits of registration of Geographical Indications? Ø It confers legal protection to geographical indications in India.Ø It prevents unauthorized use of a registered geographical Indication by others.Ø It boosted exports of Indian geographical indications by providing legal protection.Ø It promotes economic prosperity of producers.Ø It enables seeking legal protection in other WTO member countries.Who can apply for the registration of a geographical indication? Any association of person, producers, organization or authority established by or under the law can apply. The applicant must represent the interests of the producers. The application should be in writing in the prescribed Form. The application should be addressed to the Registrar of Geographical Indication alongwith prescribed fee. Who is a registered proprietor of a geographical Indication? Any association of persons, producers, organization or authority established by or under the law can be registered proprietor. Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for. Who is an authorised user? A producer of goods can apply for registration as an authorised user, with respect to a registered Geographical Indication He should apply in writing in the prescribed form along with prescribed fee. Who is producer in relation to a Geographical Indication? A Producer is a person dealing with three categories of goods. Ø Agricultural Goods including the production, processing, trading or dealing.Ø Natural Goods including exploiting, trading or dealing.Ø Handicrafts or Industrial Goods including making, manufacturing, trading or dealing.Is registration of a Geographical Indication Compulsory? While registration of a Geographical Indication is not compulsory, it offers better legal protection for action for infringement. What are the advantages of registering? Ø Registration affords better legal protection to facilitate an action for infringement.Ø The registered proprietor and authorised users can initiate in fringement actions.Ø The authorised users can exercise the exclusive right to use the Geographical Indication.Who can use the registered Geographical Indication? Only an authorised user has the exclusive rights to use the Geographical Indication in relation to goods in respect of which it is registered. How long is the registration of Geographical Indication valid? Can it be renewed? The Registration of a Geographical Indication is for a period of ten Years. Yes, renewal is possible for further periods of 10 years each. If a Registered geographical indication is not renewed, it is liable to be removed from the register. When is a registered Geographical Indication said to be infringed? Ø When unauthorised use indicates or suggests that such goods originate in a geographical are other than the true place of origin of such goods in a manner, which misleads the public as to their geographical origins.Ø When use of Geographical Indication results in unfair competition including passing off in respect of registered geographical indication.Ø When the use of another geographical indication results in false representation to the public that goods originate in a territory in respect of which a geographical indication relates.Who can initiate n infringement action? The registered proprietor or authorised users of a registered Geographical indication can initiate n infringement action. Can a registered Geographical Indication be assigned, transmitted etc? No. A Geographical Indication is a public property belonging to the producers of the concerned goods. It shall not be subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement, However, when an authorised user dies, his right devolves on his successor in title.
Can a registered Geographical Indication or authorised user be removed from the register? Yes. The Appellate Board or the Registrar of Geographical Indication has the power to remove the Geographical Indication or an authorised user from the register. The aggrieved person can file an appeal within three months from the date of communication of the order. How a geographical indication differs from a trademark? A trademark is a sigh, which is, used in the course of trade and it distinguishers goods or services of one enterprise from those of other enterprises. Whereas geographical indication is used to identify goods having special characteristics originating from definite geographical territory. Every region has its claim to fame Christopher Columbus sailed from Europe to chart out a new route to capture the wealth of rich Indian spices. English breeders improved Arabian Horses to sire Derby winners. China Silk, Dhaka Muslin, Venetian glass, Coramandal pearls were all treasures sought by the entire world. Each geographical reputation was carefully built up and painstakingly maintained by the masters of that region, combining the best of Nature and Man, traditionally handed over from one generation to the next for centuries. Today we are moving towards an increasingly global economy with must faster movement of goods, finance people and brands, Regional specialties have been taken for granted upto now without suffering many losses. But now, protection for the brand of the region for its very own uniquencess has become necessary and inevitable, and without delay, through the protection of Geographical Indications, or appellations of origins. In December 1999, Parliament passed the Geographical Indications of Goods (Registration and Protection) Act, 1999, This act seeks to provide for the registration and protection of Geographical Indications relating to goods in India. The Act is administered by the Controller General of Patents, Designs and Trade Marks, who is the Registrar of Geographical Indications. The Geographical inductions Registry is located at Chennai. THE REGISTRATION PROCESS The Register of Geographical Indication is divided into two parts. Part ‘A’ consists of particulars relating to registered geographical indications and part ‘B’ consists of particulars of the registered authorised users. The registration process is similar to both for registration of a geographical indication and authorised user which is illustrated above. This unique logo stressed the value of intellectual efforts whereby original ideas, inventions and all products come into being. These efforts can only bear fruit and promote the well being of society if they are adequately protected by law. The logo incorporates the ‘I’ and ‘P’ for intellectual Property and the Rights that go with them. The human head within the logo bears the spark of knowledge. |