Scribd
Upload
21 views13 pages

Geographical Indiactions in India

Geographical Indication (GI) is an intellectual property right that protects goods with specific geographical origins and unique qualities. India has established a legal framework for GI registration through the Geographical Indications of Goods (Registration and Protection) Act, 1999, which allows producers to prevent unauthorized use and enhances market value. Registration is not mandatory but offers legal protection and supports economic prosperity for local producers.

Uploaded by

hriddhishantirai
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
21 views13 pages

Geographical Indiactions in India

Geographical Indication (GI) is an intellectual property right that protects goods with specific geographical origins and unique qualities. India has established a legal framework for GI registration through the Geographical Indications of Goods (Registration and Protection) Act, 1999, which allows producers to prevent unauthorized use and enhances market value. Registration is not mandatory but offers legal protection and supports economic prosperity for local producers.

Uploaded by

hriddhishantirai
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 13

GEOGRAPHICAL

INDICATIONS
What is a geographical indication?

• Geographical Indication (GI) is a type of intellectual property right that provides


protection to goods that have a specific geographical origin and possess certain unique
qualities, reputation, or characteristics that are attributable to that origin.
• GI registration allows producers of these goods to use the registered GI tag on their
products, thereby distinguishing them from similar products of other origins and
increasing their market value.
• A geographical indication (GI) is a sign used on products that have a specific geographical
origin and possess qualities or a reputation that are due to that origin.
• In order to function as a GI, a sign must identify a product as originating in a given place.
• Since the qualities depend on the geographical place of production, there is a clear link
between the product and its original place of production.
International context of Geographical Indications:

• Internationally, there are four major legal frameworks for the protection of GIs, i.e.
• the Paris Convention,
• Madrid Agreement and Protocol,
• TRIPS Agreement and Lisbon Agreement.
• Articles 22 to 24 of Part II Section III of the TRIPS prescribe minimum standards of
protection to the geographical indications that WTO members must provide.
• India, in compliance with its obligation under TRIPS, has taken legislative measures by
enacting the Geographical Indications of Goods (Registration and Protection) Act, 1999,
which came into effect on 15th September, 2003 and the Geographical Indications of
Goods (Registration and Protection) Rules, 2002.
The Concept of GI

• GIs are needed to adequately protect the interests of the local community or
producers of any agricultural goods, natural goods, manufactured goods or
any goods of handicrafts or goods of industry including foodstuffs.
• It prevents unauthorized persons from misusing the GIs and contributes to
the economic prosperity of the producers of such goods and also promotes
goods bearing Indian GIs in the export market.
• GI acts as a product differentiator and protects consumers from deception.
• It has a huge potential in developing rural areas including their artisans and
crafts.
GI law of India
• India passed the Geographical Indications of Goods (Registration and
Protection) Act, 1999 (GI Act) to provide for the registration and
protection of GIs relating to goods in India.
• The Geographical Indications of Goods (Registration and Protection)
Act, 1999 provides the legal framework for the registration and
protection of geographical indications in India. The Act outlines the
procedure for registration of geographical indications and the rights
and obligations of registered proprietors. The Act also provides for
the establishment of a Geographical Indications Registry, which is
responsible for the registration and administration of geographical
indications in India.
GIs have been used in India for a wide variety of products, such as
Basmati Rice, Darjeeling Tea, Kangra Tea, Feni, Alphonso Mango,
Alleppey Green Cardamom, Coorg Cardamom, Kanchipuram Silk
Saree, Kohlapuri Chappal, Rasgulla etc.
By registering a geographical indication in India, the rights holder
can prevent unauthorized use of the registered geographical
indication by others by initiating infringement action by way of a
civil suit or criminal complaint.
Registration of the GIs in India is not mandatory however, it is
advisable to register the GI as the certificate of registration is prima
facie evidence of its validity and no further proof of the same is
required.
Following are the advantages of getting a GI:

• i. It confers legal protection to GIs in India.


• ii. Prevents the unauthorized use of a registered GI by
others.
• iii. It provides legal protection to Indian GIs which in turn
boosts exports.
• iv. It promotes the economic prosperity of producers of
goods produced in a geographical territory.
Conditions required to obtain GI:
• To register a geographical indication in India, the following eligibility criteria and pre-
requisites must be met:
• i. The product must have a specific geographical origin.
• ii. The product must possess qualities, reputation or characteristics that are
essentially attributable to its geographical origin.
• iii. The product must not fall under any of the prohibited categories such as generic
names or indications that are contrary to public order or morality.
• iv. The applicant must be an association of persons, producers or any organization
representing the interests of the producers.
• v. The applicant must have a direct interest in the production, marketing or sale of
the product.
Duration of Protection
•A Geographical Indication is registered for a
period of 10 years and the registration may be
renewed from time to time for a period of 10
years at a time.
Who can apply for geographical indication registration?
• Any person, manufacturer, organization or authority established
by or under the law may apply for the registration of Geographical
Indication of their product.
• 1. The respective Applicant should represent the interest of
producers.
• 2. The Application should be in the prescribed form in writing,
which mentions each and every detail about the product.
• 3. The Application should be addressed to the Registrar of
Geographical Indicators along with the prescribed fee for the
registration of the product.
Who is an Authorized User of
GI?
• • An authorized user is a person who enjoys the right to produce,
manufacture or distribute any product/goods having a geographical indication.
•• Any producer of goods can apply for his registration as an authorized user.
•• People involved in production, processing, trading or dealing (in case of
agricultural goods), exploiting, trading or dealing (in case of natural goods) and
making, manufacturing, trading or dealing (in case of industrial products) come
under the ambit of the term ‘producer’.
•• In order to be registered as an authorized user, a person should apply in
writing through a prescribed form along with paying the prescribed fee.
•• An authorized user also has the right to initiate an action in case of
infringement of a geographical indication.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy