Microsoft power point GI act [compatibility mode]


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Geographical Indications Act,

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Microsoft power point GI act [compatibility mode]

  1. 1. Geographical IndicationsAn Indian Perspective Sanjeev Kumar Chaswal Advocate & IP Attorney LLM (IPR Law and ARB law) M.S Cyber Law and Security 10th of June 2012 1
  2. 2. Scope of Presentationu Geographical Indications – Introductionu Current International debate on Geographical Indicationsu Overview of the Indian GI registration systemu Geographical Indications as a tool for developing countries 2
  3. 3. Intellectual Propertyu Outcome of one’s intellectual effortsu Different from other forms of propertyu Incentive to create – rewardu Advantage in Competition - creates Monopoly rightu Sources of IP Law – Article 38 – ICJ – Treaty Law – Customary International Law – Precedents and Doctrines – General principles of law 3
  4. 4. TRIPS Agreementv Copyright and related rightsv Trade marksv Geographical Indications (GIs)v Industrial designsv Patentsv Layout designs of integrated circuitsv Protection of undisclosed informationv Control of anti-competitive practices in contractual anti- licences 4
  5. 5. GIs – the conceptu GIs are essentially the DNA of Nature impregnated into the Mother Earth – difficult to clone and beyond scientific calculation. calculation.u GIs are about culture, geography, traditions, heritage and traditional practices of people and countries. countries. 5
  6. 6. Geographical IndicationsAny noun or adjective (need notnecessarily be a geographical name)that designates geographical locationand would tend to be regarded bybuyers as descriptive of thegeographical location of origin ofgoods.goods. 6
  7. 7. GIs and Developing Countriesu Instrument of Rural Development - promotion of products having certain characteristics could be of considerable benefit to the rural economy, in particular to less-favored or remote areas, by improving the incomes of farmers and by retaining the rural population in these areas (EC Regulation 2081/92) – e.g. Italian Tuscan Olive Oil sold at premium ever since its registration in 1998.u Differentiation of products can lead to: – Increase in prices of the protected products – Allows genuine producers to capture the rents, entry barriers for “fakes”u More Antiguan Coffee and Darjeeling Tea sold than produced - shows large market for genuine products.u Issue is whether the framework is appropriate for developing countries. 7
  8. 8. What is the GI extension issue?o Article 22 deals with GIs at a general level. level.o Article 23 offers an additional level of protection to wine and spirit GIso Additional level means that member states are to protect against incorrect usage of the relevant GI even without the requirement of deception and confusiono Under Article 22 they are to protect against misleading and incorrect usage. usage. 8
  9. 9. To illustrate….u Article 22 u Article 23 o The expression “Indian o The expression “Indian Gruyere cheese” Champagne” actionable only on actionable: actionable: proving that: that: u Merely on the u Gruyereas a cheese ground that such is well known in India usage is incorrect (despite the de- de- u The said expression localizing factor would be misleading as to geographical ‘Indian’) origin u Not necessary to prove that it is well- well- known in India. India. 9
  10. 10. What is so unfair about Art. 23?u In the same provision dealing with one type of product, there are two levels of protection. protection.u Benefits to only wine producing countries – most of them are developed countriesu Most developing countries do not have wines as a major revenue earning product – mostly their products are handicrafts, rice, tea coffee, spices etc. etc.u Their economies are heavily dependant on such productsu Given the disparities, these products might find it difficult to compete in international marketsu Take the case of India which has a diversity in every area – be it culture, traditions, food, art forms, crafts. crafts. 10
  11. 11. Ground realities of Article 23u Scope of Article 23 protection o Wine and spirit GIs are protected against qualifiers such as ‘kind’, ‘type’, ‘style’, ‘imitation’ etc., as well as de-localizing etc. de- elements. elements. There is no need to prove deception and confusion o Hence, these GIs are spared from varying and subjective interpretations of ‘unfair competition’ by various national courts thereby leading to an equal and even legal status of the GI. GI. o Consequently, the GI never becomes genericu What is not under the purview of Article 23? 23? o Protects only identical GIs - Champagne v. Champagne o Does not protect expressions deceptively similar to a GI - Cognac v. Calognac 11
  12. 12. Practical effects of protection under Article 23u Wine and spirit GIs get an additional level of protection and will never become generic once protectedu Other GI owners have to invest huge resources to defend their GIs in foreign marketsu WTO members can also enter into negotiations for increased level of protection of wine and spirit GIs with other members without letting the exceptions in Article 24 affecting them – For instance, if France wants to hold negotiations with US for Champagne, US can’t use Art. 24.4 exception – Whereas if India wants to hold negotiations with the US for Darjeeling or Basmati misuse, US can use the 24.4 and 24.5 exceptionsu The protection offered to GIs under TRIPS amounts to having double standards 12
  13. 13. Indian GI Act Frameworku GIs can be granted to an individual, a family, a partnership, a corporation, a voluntary association etc or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods. goods.u GIs protect and reward traditions while allowing for products to evolve over timeu GIs can be protected over long periods as long as the collective tradition is maintained – – Indian Act protects GIs for an initial period of 10 years, which can be renewed after the expiry of the initial period of protection for another 10 years – GIs would cease to be on the register if not renewed six months after the expiration of the last registration 13
  14. 14. India’s famous GIsu Banarasi silks u Nilgiri teau Paschmina shawls u Coorg coffeeu Kashmir carpets u Mysore sandal productsu Basmati rice u Mysore silku Darjeeling tea u Malabar pepperu Assam tea u Kancheepuram silksu Bengal Cotton u Lonawala chikis (food stuff)u Alphonso Mangoes u Nilgiri teau Pochampalli silk u Coir products from Keralau Chanderi silk u Cardamom from Keralau Hyderabad pearls u Aranmula mirrorsu Kerala Nendran bananas u Nagpur orangesu Jaipur silver jewellery u Phulkari embroidery work 14
  15. 15. Geographical Indication Product State Date of RegistrationDarjeeling Tea Tea West Bengal 29.10.04Pochampally Ikat Textile Andhra Pradesh 31.12.04Chanderi saree Textile Guna, 28.01.05 Madhya PradeshKotpad Handloom fabric Textile Koraput, Orissa 02.06.05Kota Doria Textiles Kota, Rajasthan 05.07.05Kancheepuram silk Textiles Tamil Nadu 02.06.05Bhavani Jamakkalam Textile, carpets Erode,Tamil Nadu 05.07.05Mysore Agarbathi Incense sticks Mysore, Karnataka 02.06.05Aranmula Kannadi Metal Mirror Kerala 19.09.05Salem Fabric Textiles Tamil Nadu 19.09.05Solapur Chaddar Textiles Maharashtra 19.09.05Solapur Terry Towel Textiles Maharashtra 19.09.05Mysore Silk Textiles Karnataka 28.11.05Kullu Shawl Textiles Himachal Pradesh 12.12.05Madurai Sungudi Textiles Tamil Nadu 12.12.05Kangra Tea Tea Himachal Pradesh 12.12.05 15
  16. 16. Geographical Indication Product State Date of RegistrationCoorg Orange Horticulture Karnataka 30.01.2006 ProductMysore Betel Leaf Horticulture Karnataka 30.01.2006 ProductNanjanagud Banana Horticulture Karnataka 30.01.2006 ProductMysore Sandalwood Oil Essential Oil Karnataka 30.01.2006Mysore Sandal Soap Soap Karnataka 30.01.2006Bidriware Handicrafts Karnataka 30.01.2006Channapatna Toys and Dolls Handicrafts Karnataka 30.01.2006Coimbatore Wet Grinder Wet Grinder Tamil Nadu 30.01.2006Mysore Rosewood Inlay Handicrafts Karnataka 30.01.2006Kasuti Embroidery Embroidery Karnataka 30.01.2006 (Textiles)Mysore Traditional Paintings Paintings Karnataka 30.01.2006 16
  17. 17. Case of Basmati Riceu Bas – Aroma, Basmati – Aromatic Riceu Production area – belt on Northern India and adjacent part of Pakistanu Unique Characteristics – long grain (increases substantially on cooking), distinctive aroma and taste. taste.u Efforts to usurp the GIu Case for joint registration – India and Pakistan. Pakistan. 17
  18. 18. GI Registration in SAARCu Economic potential untappedu Products similarity - distinctive signs for distinct productsu Need to address territoriality - SAARC cooperation neededu Need to protect at home – essential clause of TRIPS Agreement - GI registration not in itself can protect valuable reputation. reputation.u Need to take this as a development issueu Role of the Governments 18
  19. 19. Thank You !!! 19