GEOGRAPHICAL INDICATION
I am going to tell
you about
geographical
indication.
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
It is an indication
GEOGRAPHICAL 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
Designed and Developed by IP Laboratory, MNNIT
Allahabad 211004, Uttar Pradesh, India
GEOGRAPHICAL INDICATION
Lets look at
some
examples.
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
GEOGRAPHICAL INDICATION
Examples of Indian Geographical
Indications.
Basmati Rice
Darjeeling Tea
Kanchipuram Silk Saree
Alphanso Mango
Nagpur Orange
Kolhapuri Chappal
Bikaneri Bhujia
Agra Petha
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh, India
GEOGRAPHICAL INDICATION
Examples of Indian Geographical
Indications.
KOLHAPURI
CHAPPAL
Designed and Developed by IP Laboratory, MNNIT Allahabad
211004, Uttar Pradesh, India
GEOGRAPHICAL INDICATION
Examples of Indian Geographical
Indications.
DARJEELING
TEA
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh, India
GEOGRAPHICAL INDICATION
Examples of Indian Geographical
Indications.
NAGPUR
ORANGE
Designed and Developed by IP Laboratory, MNNIT Allahabad
211004, Uttar Pradesh, India
GEOGRAPHICAL INDICATION
Examples of Indian Geographical
Indications.
AGRA
PETHA
Designed and Developed by IP Laboratory, MNNIT Allahabad
211004, Uttar Pradesh, India
GEOGRAPHICAL INDICATION
LEGAL BENFITS
&
SOCIO-ECONOMIC BENEFITS
Designed and Developed by IP Laboratory, MNNIT Allahabad
211004, Uttar Pradesh, India
LEGAL BENFITS
It confers legal protection to
Geographical Indications in India.
Prevents unauthorized use of a
Registered Geographical Indication by
others.
It provides legal protection to Indian
Geographical Indications which in turn
boost exports.
Designed and Developed by IP Laboratory, MNNIT Allahabad
211004, Uttar Pradesh, India
SOCIO-ECONOMIC BENEFITS
It promotes economic prosperity of producers of
goods produced in a geographical territory.
Designed and Developed by IP Laboratory, MNNIT Allahabad
211004, Uttar Pradesh, India
GEOGRAPHICAL INDICATION
ACTS & AGREEMENTS WHICH
IMPLEMENTED
IT(INTERNATIONALLY):-
The Paris Convention for the Protection of Industrial
Property of 1883.
The Lisbon Agreement for the Protection of Appellations
of Origin and Their International Registration.
Articles 22 to 24 of the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS) deal with the
international protection of geographical indications within
the framework of the World Trade Organization (WTO).
Designed and Developed by IP Laboratory, MNNIT Allahabad
211004, Uttar Pradesh, India
GEOGRAPHICAL INDICATION
In Our country laws to protect GI are
Geographical Indications of
Goods(Registration & Protection)Act,1999
&
Geographical Indications of Goods
(Registration and Protection) Rules,2002
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
GEOGRAPHICAL INDICATION
Designed and Developed by IP Laboratory, MNNIT Allahabad
211004, Uttar Pradesh, India
Some facts about
GEOGRAPHICAL INDICATION
registration-
Registration is not compulsory
Valid for a period of 10 years
Can be renewed continuously
for
further period of 10 years at
each
subsequent renewals
If not renewed it is liable to be
removed from the register
Can not be assigned,
transmitted,
Designed and Developed by IP Laboratory, MNNIT Allahabad
211004, Uttar Pradesh, India
GEOGRAPHICAL INDICATION
Registration of GIs in India
Steps involved in evaluating a GI
application
Designed and Developed by IP Laboratory, MNNIT Allahabad
211004, Uttar Pradesh, India
Procedure to file the application for GI:
Application must be made in triplicate.
The application shall be signed by the
applicant or his agent and must be
accompanied by a statement of case.
The statement has to show how the GI serves
to designate the goods as originating from
the concerned territory having a special
quality, reputation or other characteristic.
Details of the special characteristics and
how those standards are maintained.
Three certified copies of map of the region
to which the GI relates.
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India Contd..
Procedure to file the application for GI:
Details of the special human skills
involved or uniqueness of the
geographical environment or the inherent
characteristics to which the application
relates.
Details of the inspection structure if any
to regulate the use of the GI in the
territory to which it relates.
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
Registration Form
THE GEOGRAPHICAL INDICATIONS OF GOODS
(REGISTRATION AND PROTECTION) ACT, 1999
( To be filled in triplicate alongwith the Statement of Case accompanied by five
additional representation of the Geographical indication)
One representation to be fixed within the space and five others to be send
separately
FORM GI-1
A Application for the registration of a geographical
indication in
Part A of the Register
Lets look at Section 11 (1), Rule 23(2)
Fee: Rs.5,000 ( See entry No.1A of the First Schedule)
1. Application is hereby made by for the registration in Part A of the Register of
form for the accompanying geographical indication furnishing the following particulars : -
- Name of the Applicant :
registration of
- Address :
- List of association of persons/producers/organization/authority:
- Type of goods:
GI.
- Specification:
- Name of the geographical indication [and particulars]
- Description of the goods :
- Geographical area of production and map :
- Proof of origin [Historical records] :
- Method of Production :
- Uniqueness :
- Inspection Body :
- Other:
Along with the Statement of Case in Classb ….. b……… in respect of c…….. in
the name(s) ofd …… whose address is ……. Who claims to represent the interest
of the producers of the said goods to which the geographical indication relates
and which is in continuous use since in respect of the said goods.
2. The Application shall include such other particulars called for in rule 32(1) in
the Statement of Case.
3. All communications relating to this application may be sent to the following
address in India.
4. In the case of an application from a convention country the following
additional particulars shall also be furnished.
(a) Designation of the country of origin of the Geographical Indication.
(b) Evidence as to the existing protection of the Geographical Indication in its
country of origin, such as the title and the date of the relevant legislative or
administrative provisions, the judicial decisions or the date and number of the
registration, and copies. of such documentation.
e
SIGNATURE
NAME OF THE SIGNATORY
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
Steps involved in evaluating a GI
application
Step 1: Scrutinizes the application for any
deficiencies and, if any found, communicates
the same to the applicant
Step 2:Appoint a consultative group of experts
well versed on the subject to ascertain the
correctness of the claims made
Step 3:application is published in the Journal of
Geographical Indications
Step 4:If no opposition is received, then the
same is registered after expiry of four months
from the date of
publicationDesigned and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
Steps involved
Filing an Appeal to
application IPAB
Examinati objectio Opportunity refuse
on ns for hearing d
Acceptan
ce
Advertised in
the GI journal
Opposition if Allowed or Appeal to
any refused IPAB
Entered in Acceptance of Particulars of
the GI GI regd GI entered in
register part A of
Particulars of regd
Registration authorized user registration
Designed and Developed by IP Laboratory,
certificate entered
MNNIT Allahabad 211004,in part
Uttar B of
Pradesh,
issued India
registration
GEOGRAPHICAL INDICATION
AUTHORISED USER
An authorized user is a person who is a
producer of the (registered) geographical
indication and registered with the
Designed andGeographical Indications Registry.
Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
Registration Form
Lets lookTHEat
GEOGRAPHICAL INDICATIONS OF GOODS
form for (REGISTRATION AND PROTECTION) ACT, 1999
authorized FORM GI-3
Application for the registration of an authorized user
A
user. Section 17(1), Rule 56(1)
Fee: Rs.500 [ See entry No.3(A) of the First Schedule]
( To be filed in triplicate accompanied by the agreement, if any, between the registered proprietor and the
proposed authorized user or duly authenticated copy thereof, and other documents mentioned in rule 56 along
with an affidavit setting forth particulars and statements required by rule 56 and with two copies of each of the
aforesaid documents)
Application is hereby made by 1 ………… who is (are ) the registered proprietor(s) of the geographical indication
…… registered in class ………….. in respect of goods ………….. and …………… being the proposed authorized
user in Part B of the Register of the above mentioned registered geographical indication. A statement of case of those
the applicant claims to be producer is enclosed herewith. A copy of consent letter from the Registered Proprietor is
enclosed / not enclosed.
All communications relating to this application may be sent to the following address in India :-
Dated this ……………. day of …………. 20……
2
SIGNATURE
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
GEOGRAPHICAL INDICATION
Lets look at one interesting
case of RE-EXAMINATION OF US
PATENT ON BASMATI
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
GEOGRAPHICAL INDICATION
Rice Tec Inc. had applied for registration of a mark
"TEXMATI" before the UK Trade Mark Registry.
(Well supported by U.S. Patent 5,663,484)
In the wake of this controversy, the Government of
India with the help of ICAR & CSIR scientists filed
request for re-examination of this patent.
It forced Ricetec to withdraw its claims .Thus the
threat of infringement by the export of Basmati
grains to US has been averted.
Designed and Developed by IP Laboratory,
MNNIT Allahabad 211004, Uttar Pradesh,
India
THANKS
Designed and Developed by IP Laboratory, MNNIT Allahabad
211004, Uttar Pradesh, India
