The Geographical Indications of Goods
(Registration and Protection) Act, 1999
FOCUS OF THE ACT
Quality ,reputation or other characteristic
of such good, which is essentially attributed
to its geographical origin.
In doing so, the geographical domain can be
a territory of a country or a region or
locality in that territory.
The quality of the product is attributed
essentially to its geographical origin and if it
is of goods either the raw material
production or processing or the preparation
shall take place in such territory.
GEOGRAPHICAL INDICATIONS - INTRODUCTION
Geographical Indication (G.I.) is a relatively new but
important instrument in intellectual property protection.
Presently, the TRIPS agreement specifically mentions
protection to wines and spirits. A law for the protection
of intellectual property in India based on geographical
indications is necessary because, unless such protection is
available in the country of origin, other nations are under
no obligation to afford such protection to it under TRIPS.
This necessitated a comprehensive legislation in India for
protection of geographical indications. The Geographical
Indications of Goods (Registration and Protection) Act,
1999 was passed in December 1999. In the following
discussion we shall refer to it as the Indian G.I. Act.
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GEOGRAPHICAL INDICATIONS-DEFINITION
The Indian G.I. Act, defines geographical indication as follows:
Geographical Indication in relation to goods, means an
indication which identifies such goods as agricultural goods,
natural goods or manufactured goods as originating, or
manufactured in the territory of country, or a region or
locality in that territory where a given quality, reputation or
other characteristic of such goods is essentially attributable
to its geographical origin and in case where such goods are
manufactured goods, one of the activities of either the
production or of processing or preparation of the goods
concerned takes place in such territory, region or locality, as
the case may be.
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GEOGRAPHICAL INDICATIONS-DEFINITION
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.
GEOGRAPHICAL INDICATIONS-DEFINITION EXPLANATION
Explanation: For the purposes of this clause,
any name, which is not the name of country
shall also be considered as the geographical
indication if it relates to a specific
geographical area and is used upon or in
relation to particular goods originating from
that country, region or locality, as the case
may be.
The terms goods and indications are defined as:
Goods
means
any
agricultural,
natural
or
manufactured goods or any goods of handicraft or of
industry and includes food stuff.
Indication includes any name, geographical or
figurative representation or any combination of them
conveying or suggesting the geographical origin of
goods to
which it applies.
Darjeeling Tea Logo
Darjeeling Tea
Kathputli - Rajasthan
Bagh Prints Madhya Pradesh
Madhubani Paintings
Kashmiri Pashmina
Jaipur Blue Pottery
Kanchipuram Silk
Ganjifa Cards - Mysore
Chanderi Fabric
Sankheda Furniture
Paithani Sarees
BENEFITS OF GIs
It confers legal protection.
Prevents unauthorized use of a Registered
Geographical Indication by others.
It promotes economic prosperity of
producers of goods produced in a
geographical territory.
Boosts the export.
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BENEFITS OF GIs
Can serve as source-identifiers for
consumers.
Helps the producers develop consumer
loyalty.
Plays a role in consumer decisions, including
willingness to pay a higher price for regionally
branded food products.
For example, geographic location is an
important component of wine pricing.
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EXAMPLES OF GIs
INDIA
Basmati rice
Darjeeling tea
Kanchipuram silk
saree
Alphonsa mango
Nagpur orange
Kolhapuri chappal
WORLD
Canadian whisky
Swiss watches
Florida oranges
Champagne
Tequilla
Kimchi
New Zealand lamb
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Who can apply for the registration of a
geographical indication?
Any association of persons, producers,
organization or authority established by
or under the law can apply
The applicant must represent the
interest of the producers
The application must be done in writing
in the prescribed form addressed to the
Registrar of Geographical Indications
along with the prescribed fees.
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Application For Registration
Application for GIs registration must contain following:
A
statement describing how the geographical
indication serves to designate the goods as originating
from the concerned region.
The class of goods to which the geographical
indication shall apply.
The geographical map of the country or region or
locality in the country in which the goods originate or
are being manufactured
The particulars regarding the appearance of the
geographical indication as to whether it is comprised
of the words or figurative elements or both.
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Withdrawal of Acceptance
Where the application for registration has
been accepted by the Registrar but before
its registration, the Registrar is satisfied
that the acceptance has been in error, or in
the circumstances such that the geographical
indication should not be registered or should
be registered under conditions different
from the conditions or limitations mentioned
in the application, the Registrar may withdraw
the acceptance.
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Advertisement of Application & Opposition
Once the application for registration has been accepted,
the Registrar shall advertise the application as accepted
together with conditions of acceptance. After the
advertisement, the registration can be opposed.
Any person who wants to oppose the application for
registration may file a notice of opposition within three
months from the date of advertisement or readvertisement of an application for registration or within
a further period not exceeding one month, in writing to
the Registrar; and on payment of prescribed fees.
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Proceedings After Opposition
The Registrar will serve a copy of received notice on the
applicant.
The applicant must send a counter-statement within two
months of the receipt of the notice.
The Registrar will send a copy of the counter-statement
made by the applicant to the opponent and after hearing
the parties and considering the materials on record and
evidence adduced by them, decide the matter.
If the applicant fails to file a counter-statement within
two months, the application shall be deemed to have been
abandoned. The Registrar is empowered to make
correction of any error and amendments in an application.
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Registration
Once an application has been accepted, opposed or
unopposed, the Registrar shall, unless otherwise directed by
the Central Government, register the geographical
indication and the authorised users.
The date of registration shall be the date of filing of the
application for registration.
Registrar will then issue a certificate in the prescribed
form.
If the registration of a geographical indication is not
completed within twelve months, the application shall be
treated as abandoned after giving notice to the applicant.
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REGISTRATION AS AUTHORISED USER
Any person can apply for registration as an
authorised user in respect of a registered
geographical indication, if the person claims to
be a producer of goods covered under the
registered geographical indication. The
application is to be made in writing in the
prescribed manner, accompanied by such
statement and documents that are required
to determine whether such person is a
producer of relevant goods.
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Who Could Be Producer
The persons dealing with the following three specified
categories of goods would be held to be producer:
In the case of agricultural goods if the person
produces the same, including the one who processes or
packages such goods.
In the case of natural goods, if the person exploits
such goods.
In the case of handicrafts or industrial goods, if the
person makes, manufactures, trades or deals in such
production or exploitation or making or manufacturing
of the goods.
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IMPACT OF GIs ON DEVELOPING
COUNTRIES
Encourages rural development.
Facilitates market access.
Saves local natural resources .
Plays an important role in the preservation of
cultural identity.
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Is the registration of a Geographic Indication
compulsory and how does it help the applicant?
Registration is not compulsory
Registration affords better legal
protection to facilitate an action for
infringement
The registered proprietor and authorized
users can initiate infringement actions
The authorized user can exercise the
exclusive right to use the Geographical
Indication
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How long the registration of
Geographical Indication is valid?
The registration of a Geographical Indication is valid for a
period of 10 years.
The registration can be renewed from time to time for
further ten years from the expiration of last registration.
If the registration is not renewed when due, the
geographical indication or the authorised user for it, as
the case may be, is removed from the register.
An application to continue the registration can be made
within six months from the expiration of the last
registration
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Difference between GI and
Trademark
GEOGRAPHICAL
INDICATIONS
GIs may be used by all
producers and traders
whose products
originate from a
particular place and
therefore share
typical
characteristics.
TRADEMARK
A trademark is a sign
which is used in the course
of trade and it
distinguishes
goods or services of
one enterprise from those of
other enterprises.
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CASE STUDY - INDIA
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BASMATI CASE STUDY
In late 1997, an American
company RiceTec Inc, was
granted a patent by the US
patent office to call the
aromatic rice grown outside
India 'Basmati'.
RiceTec Inc, had been
trying to enter the
international Basmati
market with brands like
'Kasmati' and 'Texmati'
described as Basmati-type
rice with minimal success.
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BASMATI CASE STUDY
However, with the
Basmati patent rights,
RiceTec will now be able
to not only call its
aromatic rice Basmati
within the US, but also
label it Basmati for its
exports.)
India and Pakistan will
not only lose out on the
45,000 tonne US import
market, which forms 10
percent of the total
Basmati exports.
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BASMATI CASE STUDY
In addition, the patent on
Basmati is believed to be a
violation of the fundamental
fact that the long grain
aromatic rice grown only in
Punjab, Haryana, and Uttar
Pradesh is called Basmati.."
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BASMATI CASE STUDY
Basmati rice means the "queen of fragrance or the
perfumed one."
Grown in the foothills of the Himalayas for thousands
of years.
Perfumy, nut-like flavor and aroma.
A long-grained rice with a fine texture
Costliest rice in the world.
Favored by emperors and praised by poets for
hundreds of years.
India is the second largest producer of rice after
China, and grows over a tenth of the world's wheat.
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BASMATI CASE STUDY
In the abstract, "the invention relates to novel rice
lines and to plants and grains of these lines . . . . .
Specifically, one aspect of the invention relates to
novel rice lines whose plants are semi-dwarf in
stature, substantially photoperiod insensitive and high
yielding, and produce rice grains having
characteristics similar or superior to those of good
quality Basmati rice. Another aspect of the invention
relates to novel rice lines produced from novel rice
lines . . . . "
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BASMATI CASE STUDY
According to Dr Vandana Shiva, director of a Delhibased research foundation which monitors issues
involving patents and biopiracy,
Moreover, she claims the "theft involved in the
Basmati patent is, therefore, threefold:
- a theft of collective intellectual and biodiversity
heritage on Indian farmers,
- a theft from Indian traders and exporters whose
markets are being stolen by RiceTec Inc., and ,
- a deception of consumers since RiceTec is using a
stolen name Basmati for rice which is derived from
Indian rice but not grown in India, and hence not the
same quality."
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CONCLUSION - GIs
Need to protect TRADITIONAL
KNOWLEDGE.
Difficult to apply IP rights on culture
and cultural products.
Hence proper consolidation and
documentation is necessary
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