What is GI, Features,Application process,Fees, Indian GI Goods

1. Intellectual Property Rights
Geographical Indication (GI)
Dr. Shailendra Bhalawe
Assistant Professor
Department of Agro-forestry
College of Agriculture, Balaghat
Jawaharlal Nehru Agriculture University, Jabalpur
(M.P.)

2. -:GEOGRAPHICAL INDICATION:-
A geographical indication is a sign used on goods that have a specific
geographical origin and often possess qualities or a reputation that are
due to that place of origin.
OR
Geographical Indications of Goods are defined as that aspect of industrial
property which refers to the geographical indication referring to a country
or to a place situated therein as being the country or place of origin of that
product.
Main points about geographical indication are given below:
Geographical indication may be an agricultural, natural or
manufactured goods or product.
About 170 geographical indication have been registered by Lisbon
Agreement members up to 1997. Now this number would much more.
In past, wines, spirits, cheeses, tobacco, which account for 88 per cent,
have been registered as GI.

3. According to TRIPS agreement of GATT(1994), GIs are indication which
identify a good as originating in the territory of a member or a region are a locality
in that territory, where a given quality, reputation or characteristics of the goods is
essentially attributable to its geographical origin.
Suitable laws have to be enacted by concerned countries to avail protection under
the provisions of geographical indications.
Such a legislation clearly specifies the products that have been accepted in terms
of quality and other characteristics to have originated from given specific localities.
The GIs, once enforced by legislation, exclude others from using GI as trademark
for particular product because such use is likely to mislead to consumer about the
place of origin of the product.
GIs cover agricultural goods, natural products, manufactured products, goods of
handicraft and even food product, but they do not apply to intellectual property.

4. India has enacted the Geographical Indications of Goods Act (1999), which came
into force on Sept. 15, 2003.
A geographical indication right enables those who have the right to use the
indication to prevent its use by a third party whose product does not conform to
the applicable standards.
For example, in the jurisdictions in which the Darjeeling geographical indication is
protected, producers of Darjeeling tea can exclude use of the term “Darjeeling”
for tea not grown in their tea gardens or not produced according to the
standards set out in the code of practice for the geographical indication.
However, a protected geographical indication does not enable the holder to
prevent someone from making a product using the same techniques as those set
out in the standards for that indication.
Protection for a geographical indication is usually obtained by acquiring a
right over the sign that constitutes the indication.

9. Condition must be meet to obtain GI protection:
A sign must qualify as a geographical indication under the applicable law and
not be subject to any obstacles to registering a geographical indication (GI).
Generally, an important requirement under the definition, is that the good
identified by the GI needs to have a link to the geographical origin.
This link may be determined by a given quality, reputation or other
characteristic essentially due to the geographical origin.
In many legislation a single criterion attributable to geographical origin is
sufficient, be it a quality or other characteristic of the product, or only its
reputation.

10. What is the term of GI protection?
The registration of a GI shall be for a period of ten years but may be renewed
from time to time for an unlimited period by payment of the renewal fees.
What is the cost of registering a GI in India?
Some important fees are given below:-
Sr. No Action Official fee
1. On application for the registration of a
geographicalindication for goods included in
one class
Rs.5000/-
2. On a single application for the registration of a
geographicalindication for goods in different classes
Rs.5000/-
for each
class
3. On application for the registration of an authorized
user of aregistered geographical indication
Rs.500/-
4. For renewal of an authorized user Rs.1,000/-

11. Who can apply for GI's registration?
Any association of persons or producers 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, who are desirous of registering
geographical indication in relation to such goods can apply for GI’s registration.
Who is a registered proprietor of a geographical indication?
Any association of persons or of producers or any organisation or
authority established by or under the law can be a registered proprietor. Their
name should be entered in the Register of Geographical Indication as registered
proprietor for the Geographical Indication applied for.

12. Who can use the registered geographical indication?
An authorised user has the exclusive rights to the use of geographical
indication in relation to goods in respect of which it is registered.
Who is an ‘authorised user’?
‘Authorised user’ is any person claiming to be the producer of the goods in
respect of which a geographical indication has been registered. For becoming an
authorized user the person has to apply in writing to the Registrar in prescribed
manner and by paying requisite fee.

13. Who can be considered a ‘producer’ for the purposes of this act? ‘Producer’ in
relation to goods, means any person who :-
•Produces, processes or packages agricultural goods
•Exploits natural goods
•Makes or manufactures handicraft or industrial goods.

14. What is the punishment in the Act for falsifying GI?
A sentence of imprisonment for a term between six months to three years and
a fine between fifty thousand rupees and two lakh rupees is provided in the Act.
The court may reduce the punishment under special circumstances.

15. Can all geographical indications be registered?
No, a GI cannot be registered if :-
signs that do not qualify as geographical indications under the
applicable law
its use is likely to deceive (mislead) or cause confusion or be contrary
to any law;
it comprises or contains scandalous (shameful/immoral) or obscene
(offensive) matter or any matter likely to hurt religious susceptibilities
of any class or section of the citizens of India.

18. STEP 1 : Filing of application
•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.
•Details of the special characteristics and how those standards are maintained.
•Three certified copies of the map of the region to which the GI relates.
•Give details of all the applicant together with address.

19. STEP 2 and 3: Preliminary scrutiny and examination
•The Examiner will scrutinize the application for any deficiencies.
•The applicant should within one month of the communication in this regard, remedy
the same.
•The content of statement of case is assessed by a consultative group of experts
•They will ascertain the correctness of particulars furnished.
•There after an Examination Report would be issued.

20. STEP 4: Show cause notice
•If the Registrar has any objection to the application, he will communicate such
objection.
•The applicant must respond within two months or apply for a hearing.
•The decision will be duly communicated. If the applicant wishes to appeal, he may
within one month make a request.
•The Registrar is also empowered to withdraw an application, if it is accepted in error,
after giving on opportunity of being heard.

21. STEP 5: Publication in the geographical indications Journal
•Every application, within three moths of acceptance shall be published in the
Geographical Indications Journal.

22. STEP 6: Opposition to Registration
•Any person can file a notice of opposition within three months (extendable by
another month on request which has to be filed before three months) opposing the GI
application published in the Journal.
•The registrar shall serve a copy of the notice on the applicant.
Within two months the applicant shall sent a copy of the counter statement.
If he does not do this be shall be deemed to have abandoned his application. Where
the counter-statement has been filed, the registrar shall serve a copy on the person
giving the notice of opposition.
Thereafter, both sides will lead their respective evidences by way of affidavit and
supporting documents.
A date for hearing of the case will be fixed thereafter.

23. STEP 7: Registration
•When an application for a GI has been accepted, the registrar shall register the
geographical indication. If registered the date of filing of the application shall be
deemed to be the date of registration.
•The registrar shall issue to the applicant a certificate with the seal of the
Geographical indications registry.
STEP 8: Renewal
•A registered GI shall be valid for 10 years and can be renewed on payment of
renewal fee.

24.  Obstacles for protecting GI
From a legal point of view, potential obstacles to successfully registering a
geographical indication (GI) may include the following:
 Conflict with a prior mark
A GI may be refused protection in a particular territory if the authority in that
territory considers that the GI is identical or similar to a trademark previously
applied for, registered or acquired through use, in good faith, and that use of the GI
would result in a likelihood of confusion with the trademark.
Generic character
A GI may be refused protection if the competent authority considers that the
sign constitutes the common name for the kind of product or service to which it
applies.

25. Homonymous geographical indications
1.Homonymous GIs are those that are spelled or pronounced alike, but which
identify products originating in different places, usually in different countries.
2.A GI may be refused protection if, due to the existence of another
homonymous indication, its use would be considered potentially misleading
to consumers with regard to the product’s true origin.
• The indication is the name of a plant variety or animal breed
In certain jurisdictions, protection may be refused to a GI if it conflicts with
the name of a plant variety or an animal breed and may, as a result, mislead the
consumer as to the true origin of the product.

26. Thank You