IPR - Geographical indications

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TABLE OF CONTENTS
CHAPTERS- PAGE NO.
Chapter-1 Introduction 2
Chapter-2 Understanding what is Geographical Indication 4
Chapter-3 Registration Process, Exclusion 7
Chapter-4 Effects Of Registration and Infringement 9
Chapter-5 Geographical Indications in Chhattisgarh 10
Chapter-6 Conclusion 12

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Chapter-1
Introduction
Geographical Indications of Goods are defined as that aspect of industrial property which
refer 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. Typically, such a name conveys an
assurance of quality and distinctiveness which is essentially attributable to the fact of its
origin in that defined geographical locality, region or country. Under Articles 1 (2) and 10 of
the Paris Convention for the Protection of Industrial Property, geographical indications are
covered as an element of IPRs. They are also covered under Articles 22 to 24 of the Trade
Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the
Agreements concluding the Uruguay Round of GATT negotiations. India, as a member of the
World Trade Organization (WTO), enacted the Geographical Indications of Goods
(Registration & Protection)Act, 1999 has come into force with effect from 15th September
2003.
Objectives of paper:-
The paper has been designed to fulfil following objectives, which could contribute
and facilitate to enhance the understanding following:-
1. What is Geographical Indications?
2. What is the Registration Process?
3. What effects it may have on infringement?
4. Explaining geographical indications of Chhattisgarh
Review of literature: All the data sources are secondary, which is taken from library, book
journals and internet.
Research Methodology:-
The doctrinal method of research has been used, which involve collection of data
from both primary and secondary sources. The researcher has relied on primary sources like

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International Charters, resolutions of the international bodies and committees related thereto
and Secondary sources like books written by various eminent authors and articles found in
the journals and websites, e-journals. Use of internet also became very relevant to find out the
most updated, relevant and apt information which helped me in exploring the subject from
various dimensions.
NATURE AND KIND OF RESEARCH
The doctrinal research methodology would be used in analysing the Natural resource
accounting and to see its international prospective.

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Chapter-2
What is Geographical Indication?
The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) is
a sui generis Act of the Parliament of India for protection of geographical indications in
India. India, as a member of the World Trade Organization (WTO), enacted the Act to
comply with the Agreement on Trade-Related Aspects of Intellectual Property Rights. The GI
tag ensures that none other than those registered as authorized users (or at least those residing
inside the geographic territory) are allowed to use the popular product name. According to
section 2 (3)(e) of the Act, Geographical indication has been defined as "an indication which
identifies such goods as
 agricultural goods,
 natural goods or,
 manufactured goods
as originating, or manufactured in the territory of a country, or a region or locality in that
territory, where a given quality, reputation or other characteristic of such goods is essentially
attributable to its geographical origin and in case where such goods are manufactured goods
one of the activities of either the production or of processing or preparation of the goods
concerned takes place in such territory, region or locality, as the case may be. Some of the
registered geographical indications include agricultural goods like Darjeeling tea, Malabar
Pepper, Bangalore Blue Grapes, manufactured goods like Pochampalli Ikat, Kancheepuram
Silk, solapuri chadars Bagh Prints, Madhubani paintings etc.
Over the recent past, Geographical Indications (GI) have emerged as a significant form of
Intellectual Property Rights (IPR) issue in the Indian context. GI helps a community of
producers to differentiate their products from competing products in the market and build
goodwill around their products, often fetching a premium price. From consumer’s point of
view, GIs act as a signalling device, which helps them identify genuine quality-products and

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also protect them against counterfeits. In view of their commercial potential, adequate legal
protection of GIs becomes necessary to prevent their misappropriation. Although India has
had in its possession a considerable number of products that could qualify for legal protection
as geographical designators, the initiatives to exploit this potential begun only recently when
the country established as sui generis system of GI protection with the enactment of ‘the
Geographical Indications of Goods (Registration and Protection) Act, 1999, coupled with the
‘Geographical Indications of Goods (Registration and Protection) Rules, 2002. The Act,
which became operational with effect from 15 September 2003, was drafted as part of the
exercise in the country to set in place national IPR laws as much in compliance with India’s
obligations under the Agreement on Trade Related Aspects of Intellectual Property Rights
(TRIPs) of the World Trade Organization (WTO) so as to take advantage of the ‘minimum
standards of GI protection that the TRIPs sets out for the WTO members to comply with in
their respective national legislations.
Governing Law
Geographical Indications of Goods (Registration and Protection) Act, 1999
Historical background of the GI Act
The need for separate legislation for GIs in form of the GI Act was felt in India due to some
important reasons.
Socio-Economic Perspective
Geographical Indications are intellectual property rights. Their function is to identify
products on the market, similar to trademarks and trade names. Well protected and pro-
actively used, GIs are a very interesting marketing tool because they can convey a lot of
information from the producer to the consumer. GI give the producers of a region the
exclusive right to use the indication for their products originating from that region. It also
means that they have the right to prohibit any unauthorised use usurpation or imitation of the
sign on a product that is not from the designated area or which does not have the qualities
guaranteed by the GI. Rooted in the soil of the region for which they stand, geographical
indications contribute to the socio-economic improvement of regions around the world. They
create employment, contribute to the regulation of the market and encourage the

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diversification of production. In addition, they protect natural treasures and maintain the
cultural heritage.6 Much like trademarks, the economic rationale of GIs is based on the
‘information asymmetry’ between buyers and sellers in the market and role of reputation,
conveyed through distinctive signs, in talking such asymmetry. Thus GI acts as a signalling
device that helps the producers to differentiate their products from competing products in the
market and enable them to build a reputation and goodwill around their products which often
fetch a premium price. Finally, geographical indications contribute to sustainable
development. This makes them valuable to producers in both they wish to offer their diverse
products, identified by the GIs, on the globalised market. Given its commercial potential the
legal protection of GI assumes enormous significance. Without such protection, competitors
not having legitimate right on a GI might ride free on its reputation. Such unfair business
practice result in loss of revenue for the genuine right holders of the GI and also misleads the
consumers. Moreover, such practices may eventually hamper the goodwill and reputation
associated with the GI. In order to rule out its misuse and to tap the potential economic and
socio-economic benefits emanating from this IP, it is essential to ensure an appropriate legal
protection for GIs at the national level.
Judicial perspectives
The issue of protection of GI gained particular interest and attention in India only when a
patent was obtained for Basmati Rice in the United States by the Rice Tec Inc. and the
widespread report of tea from other countries being passed off as Darjeeling Tea. India
realised that if it needed to protect its own geographical indications globally, it needed to
protect them at the national level to begin with.

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Chapter-3
Registration Process
 An application for registration must be made before the Registrar of Geographical
Indications by 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.
 The application must be made in an appropriate form containing the nature, quality,
reputation or other characteristics of which are due exclusively or essentially to the
geographical environment, manufacturing process, natural and human factors, map of
territory of production, appearance of geographical indication (figurative or words),
list of producers, along with prescribed fees.
 The examiner will make a preliminary scrutiny for deficiencies, in case of
deficiencies; the applicant has to remedy it within a period of one month from the date
of communication.
 The Registrar may accept, partially accept or refuse the application. In case of refusal,
the Registrar will give written grounds for non acceptance. The applicant must within
two months file reply. In case of re-refusal, the applicant can make an appeal within
one month of such decision.
 Registrar shall, within three months of acceptance may advertise the application in the
GI Journal.
 If there is no opposition, the Registrar will grant a certificate of registration to the
applicant and authorized users.

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Exclusion
Under Section 9 of the Act, the following indications cannot be registered:-
 which would likely to deceive or cause confusion
 which would be contrary to any law for the time being in force; or
 which comprises or contains scandalous or obscene matter; or
 which comprise or contains any matter likely to hurt the religious susceptibilities of
any class or section of the citizens of India; or
 which would otherwise be disentitled to protection in a court; or
 Generic names falsely represent to the persons that the goods originate in another
territory, region or locality.

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Chapter-4
Effect of registration and infringement
Registration of a GI gives its owner and the authorized users the exclusive right to use the
indications on the good in which it is registered. Further, registration gives right to institution
of suit against infringement and recovery of damages for such infringement. Infringement can
be caused by use of the GI on such goods which indicates that such goods originate in such
place other than its true place of origin or due to unfair competition. However, in case of non-
registered GIs, a case of passing off can be instituted. Registration acts as a prima facie
evidence of validity of the indication and ownership. The registration cannot be transferred,
mortgaged, assigned or licensed, except in case of inheritance of the mark upon death of an
authorized user.
Any person who falsely applies or falsifies any geographical indication, tampers the origin of
a good, make or have in possession of dye, blocks, machines to use in falsification of GI may
be punished shall not be less than six months but which may extend to three years and with
fine which shall not be less than fifty thousand rupees but which may extend to two lakhs
rupees. In case of second and for every subsequent offence, a person can be punished with
imprisonment for a term which shall not be less than one year but which may extend to three
years and with fine which shall not be less than one lakh rupees but which may extend to two
lakh rupees. However, the judge may under certain condition may reduce the sentence, and
reasons for reduction of punishment must be written in the judgment. Other offences
includes, falsely represent a GI to be registered, falsification of entries in register, falsely
representing a place to be connected with GI Registry.

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Chapter-5
Geographical Indications in Chhattisgarh
Generally people in Chhattisgarh, especially Bastar people have excellent skills in variety
of craft work including Dhokra, bamboo craft, wrought iron craft, tribal dress, traditional
textile, Kantha embroidery, terracotta, tribal painting, bell metal, etc. Their skills have been
recognized by national and state awards.
 BastarIron Craft (Registered2008-2009)
Bastar Iron Craft (also known as "Wrought iron craft of Baster") is a traditional Indian iron
crafts that are manufactured in the Bastar district of Chhattisgarh state, India. The iron-
crafting work has been protected under the Geographical indication (GI) of the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. It is listed at item
82 as "Bastar Iron Craft" of the GI Act 1999 of the Government of India with registration
confirmed by the Controller General of Patents Designs and Trademarks. The iron craft skill
is passed through generation to generation in Bastar region. Some tribal communities are
experts in iron craft work and many of them became as iron-smiths. Among many
communities Gondi and Maria are notable for the traditional iron-crafting.
 Bastar Wooden Crafts (Registered 2008-2009)
Bastar Wooden Crafts are traditional Indian wooden crafts that are manufactured in the
Bastar district of Chhattisgarh state, India. The wood-crafting work has been protected under
the Geographical indication (GI) of the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) agreement. It is listed at item 84 as "Bastar Wooden Craft" of the
GI Act 1999 of the Government of India with registration confirmed by the Controller
General of Patents Designs and Trademarks.
Badhai people are skilled in this woodcraft work and they are divided into two
groups. One group make agricultural instruments and other group make decorative and
totemic pillars. Another community, knows as Muria people also has woodcarving skills.
The Murias are best in craftsmanship. Their skill apply in various objects that from small to
big. They turn craft skills into interpretation of basic lifestyles and basic routines of life such
as chaffing of paddy, grinding grains, etc. They do not forget to express culture and religious

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faiths into craft art that reflect through gods, goddess, music culture of the community and
wildlife. The craft work heavily depended as hand-made where there is no machinery usage
or rare use in particular areas only. Woodcraft in Bastar has beautiful and unique form of art
that was mastered by Bastar tribal and it helps their livelihood. The handicrafts product has
decent market in different parts of India as well as in some foreign countries. They use teak
wood, Indian Rosewood, whitewood and other finest wood to craft various handicraft
items.Bastar Wooden Craft has been exhibited at "Durbar Hall Art Gallery" too
 Dhokra
Dhokra is non–ferrous metal casting using the lost-wax casting technique. This sort of metal
casting has been used in India for over 4,000 years and is still used. One of the earliest known
lost wax artefacts is the dancing girl of Mohenjo-daro. The product of dhokra artisans are in
great demand in domestic and foreign markets because of primitive simplicity, enchanting
folk motifs and forceful form. Dhokra horses, elephants, peacocks, owls, religious images,
measuring bowls, and lamp caskets etc., are highly appreciated. The lost wax technique for
casting of copper based alloys has also been found in China, Egypt, Malaysia, Nigeria,
Central America, and other places.
There are two main processes of lost wax casting: solid casting and hollow casting.
While the former is predominant in the south of India the latter is more common in Central
and Eastern India. Solid casting does not use a clay core but instead a solid piece of wax to
create the mould; hollow casting is the more traditional method and uses the clay core. The
first task in the lost wax hollow casting process consists of developing a clay core which is
roughly the shape of the final cast image. Next, the clay core is covered by a layer of wax
composed of pure beeswax, resin from the tree Damara orientalis, and nut oil. The wax is
then shaped and carved in all its finer details of design and decorations. It is then covered
with layers of clay, which takes the negative form of the wax on the inside, thus becoming a
mould for the metal that will be poured inside it. Drain ducts are left for the wax, which melts
away when the clay is cooked. The wax is then replaced by the molten metal, often using
brass scrap as basic raw material. The liquid metal poured in hardens between the core and
the inner surface of the mould. The metal fills the mould and takes the same shape as the
wax. The outer layer of clay is then chipped off and the metal icon is polished and finished as
desired.

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Conclusion
The GI Act, which came into force, along with the GI Rules, with effect from 15 September
2003, has been instrumental in the extension of GI status to many goods so far. The central
government has established the Geographical Indications Registry with all-India jurisdiction,
at Chennai, where right-holders can register their GI. In Chhattisgarh there are other fine arts
and skills also which should have recognized as GI like Kantha embroidery, terracotta, tribal
painting, as the skills of Chhattisgarh have been recorgnized by national and state awards.