Geographical Indications in India: Law & procedure

Legislation

The Indian law of geographical indications is enshrined in the the Geographical Indications of Goods (Registration and Protection) Act, 1999. This Act seeks to furnish for the registration and security of Geographical Indications relating to goods in India. The Act is administered by the Controller normal of Patents, Designs and Trade Marks, who is the Registrar of Geographical Indications Registry. The possession granted under the Act, are operative in the whole of india.

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What is a Geographical Indications

A geographical indication is a sign used on goods that have a exact geographical origin and possess indispensable qualities that are due to that place of origin. It is an Indication used to identify agricultural, natural or artificial goods from a exact territory which have a extra ability or characteristics or credit based upon the climatic or yield characteristics unique to the location. A geographical indication conveys buyer that a product is produced in a sure place and has sure characteristics that are due to that place of production. For example, no produces of whisky can call it Scotch, unless it has been produced in Scotland.

Examples of geographical indications from India consist of Darjeeling tea, Basmati rice, Kanchipuram Silk Saree, Alphonso Mango and Kohhlapari slippers. Other examples of geographical indications consist of Tuscany olive oil in Italy, Roquefort cheese in France, and Idaho potatoes in the United States.

A geographical indication is separate from trademark. A geographical indication is used to identify goods having extra characteristics originating from a exact territory whereas trademark identifies the source of the goods or services of one business from those of others. Unlike Trade Marks which is proprietory in nature, with exclusive right on the owner to use the mark, a geographical indication is usually collectively owned by a Community, a group of producers or even by a Nation State.

Why does Geographical Indication need protection?

Geographical Indications denotes the origin and the ability of products which have acquired credit and goodwill over time. False use of geographical indications by dishonest traders, for example "Kanchipuram" for sarees, which was not made in the Kanchipuram area of Tamil Nadu in India, is detrimental to purchasers and legitimate producers. Hence geographical indication needs protection.

Classification of Goods

Almost all jurisdictions along with India consequent International Classification theory in which goods have been grouped into classes 1 to 34 for registration.

Rights conferred by registration

The registration of a geographical indication confers on the authorized users the exclusive right to use the geographical indication in relation to the goods in respect of which it is registered. The Registration offers great legal security for an action for infringement.

Who Can Apply For A Geographical Indications

Any relationship of persons, producers, assosication or authority established by or under the law can apply. The applicant must represent the interests of the producers of the involved goods.

Who is an authorized user in relation to a Geographical Indication

A producer of goods can apply for registration as an authorized user, with respect to a registered Geographical Indication. He should apply in writing in the prescribed form along with prescribed fee.

Filing and Prosecuting Geographical Indications Applications

An application for registration of geographical indication shall be in presribed Form (Form Gi-1 for the registration of a Geographical Indication in Part A of the Register by an Indian applicant; Form Gi-2 for a convention application; an application for goods falling in separate classes by an Indian applicant in Form Gi-3 and an application for registration of goods falling in separate classes from a convention country in Form Gi-4).

The application should consist of the varied requirements and criteria for processing a geographical application as follows:

· How the indication serves to prescription the goods as a Gi?

· The Class of goods;

· The territory;

· The particulars of appearance;

· Particulars of producers;

· An affidavit of how the applicant claim to represent the interest;

· The proper bench mark or other characteristics of the Gi;

· The particulars of extra characteristics;

· Textual record of the proposed boundary;

· The growth attributes in relation to the G.I. Pertinent to the application;

· Certified copies of the map of the territory

· Special human skill involved, if any;

· Number of producers; and

· Particulars of inspection structures, if any, to regulate the use of Gi.

Upon filing of the application accompanied by prescribed fees, a amount will be alloted. The application would be examined on turn to check either it meets the requirements of the Gi Act and Rules. After issuance of the test record submission would be considered. If no objections is raised it would be proper and would be advertised in the Geographical Indications Journal. An opposition can be lodged within a maximum of four month period. If the opposition is dismissed, the application will saunter to registration in Part A of the Register.

After a geographical indication is registered any man claiming to be the producer of the registered geographical indication can file an application for registration as an authorised user in Part B of the Register.

Duration of a geographical indications

The term of a geographical indications registration is for a period of ten years. The renovation is inherent for further period of 10 years each. If a registered geographical indication is not renewed, it is liable to be removed from the register.

Remedies For Infringement

The Act also provides criminal remedies. First, the intentional falsification of a geogrphical indications will bear a prison sentence of at least six months. This may be extended to three years and be accompanied by a fine. Second, the police may show the way quest and seizure operations without any warrant. In essence, unauthorized parties may not use geographical indications if such use is likely to mislead the public as to the true origin of the product.

Geographical Indications in India: Law & procedure

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