GI-6.ppt

Designed and Developed by IP
Laboratory, MNNIT Allahabad 211004,
Uttar Pradesh, India

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
 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

Lets look at
some examples.

Basmati Rice
Darjeeling Tea
Kanchipuram Silk Saree
Alphanso Mango
Nagpur Orange
Kolhapuri Chappal
Bikaneri Bhujia
Agra Petha
Examples of Indian Geographical Indications.

KOLHAPURI
CHAPPAL

DARJEELING
TEA

NAGPUR
ORANGE

AGRA
PETHA

 LEGAL BENFITS
&
 SOCIO-ECONOMIC BENEFITS

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.

SOCIO-ECONOMIC BENEFITS
It promotes economic prosperity of producers of goods
produced in a geographical territory.

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).

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

Some facts about 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,
licensed, pledged, mortgaged

 Registration of GIs in India
 Steps involved in evaluating a GI
application

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.
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.

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
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
the accompanying geographical indication furnishing the following particulars : -
- Name of the Applicant :
- Address :
- List of association of persons/producers/organization/authority:
- Type of goods:
- 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.
eSIGNATURE
NAME OF THE SIGNATORY
Lets look at form
for registration
of GI.

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
publication

Steps involved
Filing an application
Examination
Acceptance
Advertised in
the GI journal
Entered in the
GI register
Registration
certificate issued
objections
Opportunity
for hearing refused
Appeal to IPAB
Opposition if any Allowed or refused Appeal to IPAB
Acceptance of GI Particulars of regd GI
entered in part A of
registration
Particulars of regd
authorized user entered in
part B of registration

AUTHORISED USER
An authorized user is a person who is a producer of
the (registered) geographical indication and
registered with the Geographical Indications
Registry.

Registration Form
THE GEOGRAPHICAL INDICATIONS OF GOODS
(REGISTRATION AND PROTECTION) ACT, 1999
FORM GI-3
A Application for the registration of an authorized 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……
2SIGNATURE
Lets look at form
for authorized
user.

Lets look at one interesting case of
RE-EXAMINATION OF US PATENT ON
BASMATI

 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.

THANKS

GI-6.ppt

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