This presentation contains information about the Geographical Indications of Indian Goods and the Procedure for Filing application for registration of Geographical Indication and basic information about INDIAN PATENT SCENARIO.
3. What is a Geographical Indication?
• Indication from a definite geographical territory.
• Identify agricultural, natural or manufactured goods.
• Since the qualities depend on the geographical place of production,
there is clear link between the product and its original place of the
production.
• In India Geographical indication is governed by the Geographical
Indications of Goods (Registration & Protection) Act,1999 and Rules
2002.
5. Procedure for Filing application for registration of
Geographical Indication
Form and signing of application :-
Application prescribed form (GI-1A to ID) with fee (Rs.5,000).
Signed by applicant or his agent.
Made in triplicate with three copies of a Statement of Case accompanied by five
additional representations.
Fees :-
In cash.
Sent by money order.
By a bank draft.
By a cheque.
6. Sizes:-
All applications should be typewritten, lithographed or printed in
Hindi or in English.
33 cms by 20 cms
on the left part thereof a margin(NLT 4 cm).
Signing of documents:-
Producers signed by authorized signatory.
Authority established under any law signed by the Chief Executive.
Partnership signed by at least one of the partners.
Signatures by the name of the signatory
7. Principal place of business in India:-
Registration state the principal place of business in India.
Full name and nationality of the Board of Directors.
Foreign applicants with address for service in India.
Convention Application should contain the following:-
Certificate.
The country and dates of filing of the first application.
Statement indicating the filing date of the foreign
application.
Statement of user in applications:-
8. Content of Application:-
1. A statement which serves to designate the goods as originating from
the concerned territory in respect of specific quality, reputation or
other characteristics.
2. Three certified copies.
3. Geographical map of the territory.
4. Particulars of appearance.
5. Statement of the producers.
6. The statement contained in the application should also include the
following:
Affidavit.
9. The standard benchmark
Mechanism
Full name and address of organization or authority
Acknowledgement of receipt of application:
1. The Receipt of every application of the registration acknowledged by
the Registrar.
2. The acknowledgement will be the additional representations with the
official number of the application duly entered thereon.
10. Indian Patent Scenario:-
The Patent System in India is governed by the Patents Act,
1970 as amended by the Patents (Amendment) Act, 2005 and the
Patents Rules, 2003, as amended by the Patents (Amendment) Rules
2006 effective from 05-05-2006.
DOCUMENTS REQUIRED FOR FILING AN APPLICATION:-
Application form in duplicate (Form 1).
Provisional or complete specification in duplicate within 12
months.(Form 2).
Drawing in duplicate (if necessary).
Abstract of the invention in duplicate.
11. Information & undertaking listing the number, filing date & current
status of each foreign patent application in duplicate (Form 3).
Priority document.
Declaration of inventor-ship (Form 5).
Power of attorney.
Fees.
12.
13. • Selected Reference
1. Ipindia.nic.in. 2018 [cited 17 November 2018]. Available from:
http://www.ipindia.nic.in/writereaddata/Portal/IPOGuidelinesManuals/1_41
_1_procedure-for-filing-gi-application.pdf
2. Adukia R. HANDBOOK ON INTELLECTUAL PROPERTY RIGHTS IN
INDIA [Internet]. [cited 17 November 2018]. Available from:
http://www.caaa.in/image/34_hb_on_ipr.pdf