Geographical Indications of
Goods (Registration and
Protection) Act, 2001
ByChandrika Tewatia
What is Geographical
Indication?
Ageographical indication (GI)is a
name or sign used on certain products
which corresponds to a specific
geographical location or origin (e.g. a
town, region, or country)
Examples:
Basmati
rice,
Swiss
watches etc
Why GI is to be protected ?
Denote quality and origin of products
Good reputation for the product
Preventing the product from generic
products
Protecting the domestic market from
competitors
Advantages of GI:
Legal protection and preventing from
unauthorized use
Benefits
for
farmers
and
local
producers
Boost the rural development
Reduces unfair practices of trade
Preserving local culture and resources
Provides complete information to
consumers
WIPO and GI:
The TRIPS Agreement - (came into
effect on 1 January 1995): addresses
the international protection of GIs
within the framework of the World
Trade Organization (WTO)
Standards
Enforcement
Dispute Settlement
Articles 22 to 24: definition - legal
means ex-officio invalidation unfair competition - exceptions.
GI in India:
In India the Geographical Indications of
Goods
(Registration and Protection) Act,
1999 came in force with effect from
September 2003.
Section 2(e) of the Act defines a GI as :
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
a 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.
Prohibition of Reg. of GI (Section
9)the use of which would be likely to deceive or cause
1.
confusion;
2. the use of which would be contrary to any law for the time
being in force ;
3. which comprises or contains scandalous or obscene
matter;
4. which comprises or contains any matter likely to hurt the
religious susceptibilities of any class or citizens of India.
5. which would be disentitled to protection to protection in
the court of law.
6. which are determined to be generic names or indications
of goods and are, therefore, not or ceased to be protected
in their country of origin, or which have fallen into disuse in
that country;
7. which, although literally true as to the territory, region or
locality in which the goods originate, but falsely represent to
the persons that the goods originate in another territory,
region or locality
Process of registration in
India:
The application must be filed at the Office of
the GI Registry located in Chennai
Producers dealing with the following three
categories of goods can apply:
Agricultural Goods includes the
production, processing, trading or dealing
Natural Goods includes exploiting,
trading or dealing
Handicrafts or Industrial goods include
making, manufacturing, trading or dealing
Section 11 (Process of
Registration)
Clause 1 WHO CAN APPLY
Any association of persons
producers
any organization
authority established by or under any law for the time
being in force representing the interest of the producers
of the concerned goods
who are desirous of registering a geographical
indication in relation to such goods shall apply in writing
to the Registrar in such form and in such manner and
accompanied by such fees as may be prescribed for the
registration of the geographical indication.
CONTENTS OF
APPLICATION (Clause 2)
statement as to how the GI serves to designate
the goods as originating from the concerned
territory of the country or region or locality
the class of goods to which the GI shall apply
the geographical map of the territory 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 GI
particulars of the producers of the concerned
goods
such other particulars as may be prescribed
CONTENTS OF
APPLICATION (Cont.)
A single application may be made for registration
of a geographical indication for different classes
of goods and fee payable
Every application shall be filed in the office of the
Geographical Indications Registry
Registrar may refuse the application or may
accept it absolutely or subject to such
amendments, modification, conditions or
limitations, if any, as he thinks fit.
In the case of refusal or conditional acceptance
of application, the Registrar shall record in
writing the grounds for such refusal or
conditional acceptance and the materials used
by him in arriving at his decision.
Withdrawal of Acceptance
(Section 12)
the Registrar may, after hearing the applicant
if he so desires, withdraw the acceptance
if
Application has been accepted in error, or
that in the circumstances of the case the
geographical indication should not be
registered
Advertisement of the
Application (Section 13)
Advertised with the conditions and
limitations
Opposition (Section 14)
Any person may, within three months from
the date of advertisement, not exceeding
one month give notice in writing to the
Registrar, of opposition to the registration.
Registrar shall serve a copy of the notice
on the applicant for registration and, within
two months from the receipt by the
applicant of such copy of the notice of
opposition, the applicant shall sent to the
Registrar in the prescribed manner a
counter-statement of the grounds on which
he relies for his application
Opposition (Section 14)
If the applicant sends such counter-statement, the
Registrar shall serve a copy on the person giving notice
of opposition.
Any evidence upon which the opponent and the applicant
may rely shall be submitted and the Registrar shall give
an opportunity to them to be heard, if they so desire.
Where a person giving notice of opposition or an
applicant sending a counter- statement neither resides
nor carries on business in India, the Registrar may require
him to give security for the costs of proceeding before
him, and in default of such security being duly given, may
treat the opposition or application as abandoned.
The Registrar may, on request, permit correction of any
error in, or any amendment of, a notice of opposition or a
counter-statement on such terms as he thinks just.
Correction and Amendment
(Section 15)
Registrar may, as he thinks just, at any time,
whether before or after acceptance of an
application for registration under section 11,
permit the correction of any error or in
connection with the application or permit an
amendment of the application:
Registration (Section 16)
An application would said to be registered if:
1. the application has not been opposed and the time
for notice of opposition has expired
2. the application has been opposed and the
opposition has been decided in favour of the
applicant
a certificate in such form as may be prescribed of
the registration thereof, sealed with the seal of the
Geographical Indications Registry would be
issued.
Where registration of a geographical indication is
not completed within twelve months form the date
of the application by reason of default on the part
of the applicant, the Registrar may, after giving
notice to the treat the application as abandoned
Application for registration as
authorized user (Section 17)
Any person claiming to be the producer of the
goods in respect of which a geographical indication
has been registered under section 16 may apply in
writing to the Registrar in the prescribed manner
for registering him as an authorised user of such
geographical indication.
The application shall be accompanied by a
statement and such documents of facts as may be
prescribed and required by the Registrar to
determine as to whether such person is the
producer of the goods referred to in that subsection n and such fee as may be prescribed.
DURATION, RENEWAL,
Removal (Section 18)
The registration of a geographical indication shall be
for a period of ten years, but may be renewed from
time to time
The Registrar shall, on application made in the
prescribed manner, by the registered proprietor or by
the authorised user and within the prescribed period
for a period of ten years from the date of expiration of
the original registration or of the last renewal of
registration.
Registrar shall send notice in the prescribed manner to
the registered proprietor or the authorised user of the
date of expiration and the conditions as to payment of
fees and otherwise upon which a renewal of
registration may be obtained and if not paid, remove
the GI. But if the prescribed fee and surcharge is paid
within six months, then not removed.
Restoration of the GI(Section
18)
If the GI is removed from the register due to the
non-payment of fee within the 6 months, then id
the prescribed application and fee is paid within 6
months and one year of the expiration of the GI,
the registrar may allow in certain cases.
INFRINGEMENT OF GI
No person shall be entitled to institute any
proceeding to prevent, or to recover damages for,
the infringement of an unregistered geographical
indication. (Section 20)
the certificate of registration granted in this regard
by the Registrar being a copy of the entry in the
register under the seal of the Geographical
Indications Registry, shall be prima facie evidence
of the validity. (Section 23)
geographical indication shall not be the subject
matter of assignment, transmission, licensing,
pledge , mortgage or any such other agreement.
(Section 24)
Rights conferred by
registration (Section 21)
It gives registered proprietor of the
geographical indication and the authorised
user or users thereof the right to obtain
relief in respect of infringement
It gives the authorised user thereof the
exclusive right to the use of the GI
Infringement of GI (Section 22)
A registered GI is infringed by a person who, not
being an authorised user thereof, uses GI by any means in the designations or
presentation of goods that indicates or suggests
that such goods originate in a geographical area
other than the true place of origin of such goods in
a manner goods; or which misleads the persons as
to the geographical origin of such goods;
uses any GI in such manner which constitutes an
act of unfair competition including passing off
uses another GI to the goods which, although
literally true as to the territory, region or locality in
which the goods originate, falsely represents to the
persons that the goods originate in the territory,
region or locality in respect of which such
registered GI relates.
Penalty for applying false geographical
indications (Section 39)
Any person who,a. falsifies any GI
b. falsely applies to goods any GI
c. makes, disposes of, or has in his possession, any die,
block, machine, plate or other instrument for the
purpose of falsifying or of being used for falsifying, a
GI
d. applies to any goods to which an indication of the
country or place in which they were made or produced
or the name and the address of the manufacturer
e. tampers with, alters an indication of origin which has
been applied to any goods
f. punishable with imprisonment for a term which shall
not be less than six months but which may extend to
three years and with fine which shall not be less than
fifty thousand rupees but which may extend to two lakh
rupees:
Penalty for falsely representing a
geographical indication as
No person shall make any [Link]
(Section 42)
a.
with respect to a GI, not being a registered GI, to
the effect that it is a registered GI
b. to the effect that a registered GI is registered in
respect of any goods in respect of which it is not in
fact registered; or
c. to the effect that registration of a GI gives an
exclusive right to the use thereof in any
circumstances in which having regard to limitation
entered on the register, the registration does not in
fact give that right.
2. If any person contravenes any of the mentioned
above, he shall be punishable with imprisonment
for a term which may extend to three years, or with
fine, or with both.
Penalty for selling goods to which
false geographical indication is
applied (Section 40)
Any person who sells, lets for hire or exposes for
sale, or hires or has in his possession for sale, goods
or things to which any false geographical indication is
applied would be punishable with imprisonment for a
term which shall not be less than six months but
which may extend to three years and with fine which
shall not be less than fifty thousand rupees but which
may extend to two lakh rupees unless:
no reason to suspect the genuineness of the GI or
that any offence had been committed in respect of
the goods; or
He gave all the information in his power with respect
to the person from whom he obtained such goods or
things
he had acted innocently
Enhanced penalty on second or
subsequent conviction (Section 41)
Whoever having already been convicted of an
offence under section 39 or section 40
again convicted of any such offence shall be
punishable for the second and for every subsequent
offence
with imprisonment for a term which shall not be less
than one year but which may extend to three years
and with fine which shall not be less than one lakh
rupees but which may extend to two lakh
Darjeeling Tea
Most coveted tea in the world.
Darjeeling planters association formed in
1892.
Achieved international status similar to
champagne or scotch whisky.
Darjeeling logo as well as the word are
now registered as the certification
trademarks of the board under
Trademarks act of 1999.
Conclusion:
Efforts to create more distinct laws
and regulations.
Joint work of all the bodies associated.
Removal of ambiguity.
More benefits to the customers and
also to the producers.
THANK YOU.
