Geographical Indications
What is Geographical indication?
:: It is an indication or appellation of origin.
:: It is used to identify agricultural natural or manufactured goods originating in the said area.
:: It originates from a definite territory in India. :: It should have a special quality or characteristics or reputation based upon the climate or production characteristics unique to the Geographical location.
:: It is used to identify agricultural natural or manufactured goods originating in the said area.
:: It originates from a definite territory in India. :: It should have a special quality or characteristics or reputation based upon the climate or production characteristics unique to the Geographical location.
Who can apply for registration of a GI ?
:: 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 should be in writing in the prescribed from.
:: The application should be addressed to the registrar of GI along with prescribed fee.
Who is a registered proprietor of a GI?
Any association of persons, producers, organization or authority established by or under the law can be a registered proprietor.Their name should be entered in the register of GI as registered proprietor for the GI applied for.
Who is an authorized user?
A producer of goods can apply for registration as an authorized user, with respect to registered GI.He should apply in writing in the prescribed from along with prescribed fee.
Examples of possible Geographical Indications?
Some of the examples of possible Geographical Indications in India include Basmati Rice, Darjeeling Tea, Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, etc.Who is a producer in relation to a geographical Indication?
A producer is a person dealing with three categories of goods
:: Agricultural Goods including the production, processing, trading or dealing.
:: Natural Goods including exploiting, trading, dealing.
:: Handicrafts or Industrial Goods including making, manufacturing, trading or dealing.
While registration of a Geographical Indication is not compulsory, it offers better legal protection for action for infringement.:: Natural Goods including exploiting, trading, dealing.
:: Handicrafts or Industrial Goods including making, manufacturing, trading or dealing.
Is registration of Geographical Indication compulsory?
:: It confers legal protection to go geographical Indications in India.
:: It prevents unauthorized use of a registered GI by others.
:: It boosts exports of Indian geographical indication by providing legal protection.
:: It promotes economic prosperity of producers.
:: It enables seeking legal protection in others WTO member country.
:: It prevents unauthorized use of a registered GI by others.
:: It boosts exports of Indian geographical indication by providing legal protection.
:: It promotes economic prosperity of producers.
:: It enables seeking legal protection in others WTO member country.
What are benefits of registration of GI?
While registration of a Geographical Indication is not compulsory, it offers better legal protection for action for infringement.In December 1999, Parliament passed the geographical Indications of goods (Registration and Protection) Act, 1999. This Act seeks to provide for the registration and protection of Geographical Indications relating to goods in India. The Controller General Of Patents, Design, and Trade Marks, who are the Registrar of Geographical Indications, administer the act. The Geographical Indications Registry is located at chennai.
The registrar of geographical Indication is divided into two parts. Part 'A' consists of particulars relating to registered geographical Indication and Part 'B' consists of the registered authorized users.
The registration process is similar to both for registration of a geographical Indication and an authorized user which is illustrated below
