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Protection of Geographical Indications in India is governed by the legislation namely The Geographical Indications of Goods (Registration & Protection) Act, 1999, which seeks to provide for registration and better protection of geographical indications relating to goods in India. This Act also provides for setting up a Geographical Indications Registry for the purposes of registration of GIs in India. The Geographical Indications Act affords protection to goods that can be
identified as originating or manufactured in the territory of a country or a region or locality in that territory where a given quantity, reputation or other characteristic of such goods is essentially attributable to its geographical conditions. In the case where such goods are manufactured goods, one of the activities of production or of processing or preparation at goods concerned takes place in such territory or locality as the case may be.
History of Geographical Indication (GI)
History of Geographical Indication (GI)
The term is initially for a period of 10 years and can be renewed from time to time.
In view of this, it was considered necessary to have a comprehensive legislation for registration and for providing adequate protection for geographical indications. The pertinent has passed legislation, namely, the Geographical Indications of Goods (Registration and Protection) Act, 1999. The legislation will be administered through the Geographical Indications Registry under the overall charge of
the Controller General of Patents, Designs and Trademarks. A Geographical Indications Registry has been established in Chennai for the purpose of administering the legislation. Appeal against Registrar's decision would be filed to the Intellectual Property Appellate Board established under the Trade Marks legislation.
Process to Apply for GI
Process to Apply for GI
On receipt of the application, a number will be allotted. Thereafter, the application would be examined to check whether it meets the requirements of the Act and Rules. For this purpose the Registrar shall ordinarily constitute a Consultative Group of experts to ascertain the correctness of the particulars furnished. After issuance of the Examination Report, submissions of the applicant would be considered. If no further objection is raised, the application would be accepted and would be advertised in the Geographical Indications Journal. An opposition can be lodged within a maximum of four month from the date of publication. If the opposition is dismissed, the application will proceed to registration in Part A of the Register unless the Central Government otherwise directs.
Use of GI
Use of GI
A Geographical Indication is an indication that is used to identify agricultural, natural or manufactured goods originating from a definite geographical territory having a special quality or reputation or other characteristics. The manufactured goods should be produced or processed or prepared in that territory.
Importance of GI
Importance of GI
Geographical Indications encompasses what is known as Appellation of Origin. An Appellation of Origin is a special kind of Geographical Indication used on products that have a specific quality that is exclusively or essentially due to the geographical environment in which the products are produced.
What is GI?
What is GI?
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
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