Geographical Indications

Geographical Indications

Each locale has its specialty. Christopher Columbus cruised from Europe to diagram another course to catch the abundance of rich Indian flavors. English reproducers imported Arabian ponies to sire Derby champs. China silk, Dhaka muslin,Venetian Glass all were abundantly pursued fortunes. Every standing was painstakingly developed and meticulously kept up with by the experts of that area, consolidating the best of Nature and Man, customarily gave over starting with one age then onto the next for quite a long time. Continuously, a particular connection between the merchandise and spot of creation developed bringing about development of Geographical Indications (GIs).

What is a Geographical Indication?

  • It is an indication
  • It originates from a definite geographical territory.
  • It is used to identify agricultural, natural or manufactured goods
  • The manufactured goods should be produced or processed or prepared in that territory.
  • It should have a special quality or reputation or other characteristics

Examples of possible Indian Geographical Indications.

  • Basmati Rice
  • Darjeeling Tea
  • Kanchipuram silk saree
  • Nagpur orange
  • Kolhapuri chappal
  • Bikaneri bhujia
  • Agra petha

Benefit of registration of geographical indications?

  • It confers legal protection to Geographical Indications in India
  • Prevents unauthorised use of a Registered Geographical Indication by others
  • It provides legal protection to Indian Geographical Indications which in turn boost exports.
  • It promotes economic prosperity of producers of goods produced in a geographical territory.

Who can apply for the registration of a geographical indication?

Any association of persons, producers, organisation or authority established by or under the law can apply.

    • The applicant must represent the interest of the producers
    • The application should be in writing in the prescribed form
    • The application should be addressed to the Registrar of Geographical Indications along with prescribed fee.

What Indications are not Registrable ?

For registrability, the indications must fall within the scope of section 2(1)e of GI Act, 1999. Being so, it has to also satisfy the provisions of section 9, which prohibits registration of a Geographical Indication.

  • the use of which would be likely to deceive or cause confusion; or
  • the use of which would be contrary to any law for the time being in force; or
  • which comprises or contains scandalous or obscene matter; or
  • which comprises or contains any matter likely to hurt the time being in force; religious susceptibilities of any class or section of the citizens of India.

100%

Registered Proprietor

  • Any association of persons, producers,organisation or authority established by or under the law can be a registered proprietor.
  • Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for.

Authorised User

  • A producer of goods can apply for registration as an authorised user
  • It must be in respect of a registered geographical indication
  • He should apply in writing in the prescribed form alongwith prescribed fee

Producer in Relation

The persons dealing with three categories of goods are covered under the term Producer:

    • Agricultural Goods includes the production, processing, trading or dealing
    • Natural Goods includes exploiting, trading or dealing
    • Handicrafts or Industrial goods includes making, manufacturing, trading or dealing.

Prohibition on

Registration

There are certain Geographical Indications, the registration of which
is prohibited by law. These include such indications:

Deceive or Cause Confusion

The use of which is likely to deceive or cause confusion

Contrary to the Law

The use of which is contrary to the law for time being in force

Obscene Matter

Which comprises of or contains any scandalous or obscene matter

Class or Section of people

Which comprises or contains any matter that is likely to hurt the religious sentiments of any class or section of people

Disentitled

Which would be disentitled to protection of law

Delivery & Support

Which are determined to be the generic names or indications of goods and therefore ceased or not protected in the country of origin

Have a really
great ides?