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Geographical Indications Geographical Indications of Goods (Registration and of Goods (Registration and

Protection)Protection)Act and its Act and its

ImplementationImplementation

T C JamesT C JamesDirectorDirector

Ministry of Commerce & IndustryMinistry of Commerce & Industry

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PRIOR TO THE GI ACTPRIOR TO THE GI ACT

• Common law system of jurisprudence and remedy of ‘passing off’ action.

• Indian courts repeatedly held that use of GI as trade mark is false trade description under the Trade Marks Act.

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A sui generic lawA sui generic law• Options – Trade Mark Law or Sui

generic law• Sui generic law considered more

appropriate• Accordingly, the Geographical

Indications of Goods (Registration and Protection) Bill, 1999 was introduced in Parliament.

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Wide Definition of GIWide Definition of GI

An indication which identifies goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of 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

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In case of manufactured goods one of

the activities of either the production

or processing or preparation of the

goods concerned takes place in such

territory, region or locality, as the

case may be (Section 2[1]{e}).

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• Explanation clarifies that GI need not

be a geographical name

E.g. Alphonso, Basmati

• Goods include goods of handicraft or

of industry and also foodstuff.

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RegistrationRegistration• Provides for registration

Of GIs, Proprietors & Authorized Users [S.6(1)]

• Valid for 10 years; renewable ad nauseum (S. 18)

• Registration prima facie evidence of validity (S. 23)

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Who can Register?Who can Register?• Producer

Any association of persons or producers, or

Any Organization/authority established by or under any law

which represent the interests of the producers of the concerned goods [S.11(1)]

Producer includes trader

• Authorized User [S.17(1)]

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Procedure for Registration: Procedure for Registration: FilingFiling

• Application in prescribed form along with fee, statement of the case and map to be filed before Registrar of GIs

• Statement of Case, inter alia, to contain: 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

Details of special human skill involved or uniqueness of the geographical environment or the inherent characteristics

Details of inspection structure, if any , to regulate the use of the GI.

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PRELIMINARY SCRUTINY AND PRELIMINARY SCRUTINY AND EXAMINATIONEXAMINATION

• Examiner scrutinises for any deficiencies

• Applicant to remedy deficiencies within 1 month of communication

• Registrar to constitute a Consultative Group of technical and legal experts

• On the basis of the Consultative Group report, Examination Report will be issued.

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SHOW CAUSE NOTICESHOW CAUSE NOTICE• Objection to registration to be

communicated in writing• Applicant to file reply within 2 months• Registrar may also give a hearing• Applicant may also correct any particular

through separate application• Registrar either accepts or rejects the

application• Decision of Registrar appealable to the

Intellectual Property Appellate Board.

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PUBLICATION AND PUBLICATION AND REGISTRATIONREGISTRATION

• Accepted applications are published in the GI Journal, within 3 months, inviting opposition

• Opposition can be filed by any within 3 + 1 months

• A copy of the opposition to be given to the applicant by the Registrar

• Applicant to file counter statement within 2 months

• Registrar to give a copy of the counter statement to the opponent

• Registrar hears both parties and decides• Date of filing will be deemed date of registration.

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Procedure for RegistrationProcedure for Registration• Filing of application before the Registrar• Registrar either refuses or accepts subject

to conditions• Advertisement for opposition• 3 months time for opposition• If no opposition, registration• In case of opposition, copy given to

applicant• 2 months for filing counter statement

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Procedure for RegistrationProcedure for Registration• If no counter statement, then the

application is deemed abandoned• Copy of counter statement to the

opponent• Hearing of parties, if so desired• Registrar may add conditions or

limitations• Registrar can rely suo motu, on grounds

of opposition not raised by opponent

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RightsRights• Section 21

• Exclusive right to use the GI on the

goods

• Right to obtain relief for infringement

of the GI

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Working of the ActWorking of the Act• Act brought into force on 15 September 2003

• GI Registry established at Chennai

• 128 applications so far

• 82 products registered

• No authorised user registered so far

• No foreign product registered

• One foreign application (Pisco) published

• No appeals against the decisions of the Registrar of GIs so

far.

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SOME REGISTERED

GEOGRAPHICAL

INDICATIONS

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Darjeeling TeaDarjeeling Tea

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Kangra TeaKangra Tea

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Nanjangud BananaNanjangud Banana

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Coorg OrangeCoorg Orange

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Pochamppalli IkatPochamppalli Ikat

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Mysore silkMysore silk

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Bhavani JamakkalamBhavani Jamakkalam

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Kasuti EmbroideryKasuti Embroidery

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Kota DoriaKota Doria

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Kullu ShawlKullu Shawl

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Aranmula Kannadi (Mirror)Aranmula Kannadi (Mirror)

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BidriwareBidriware

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Channapatna toysChannapatna toys

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Madhubani PaintingsMadhubani Paintings

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SOLAPUR CHADDAR AND TERRY TOWEL

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MADURAI SUNGUDIMADURAI SUNGUDI

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SALEM FABRIC

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ORISSA IKAT

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PHULKARI EMBROIDERYPHULKARI EMBROIDERY

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Karimnagar Silver Filigree Karimnagar Silver Filigree

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ROSE WOOD INLAY OF ROSE WOOD INLAY OF MYSOREMYSORE

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MYSORE TRADITIONAL MYSORE TRADITIONAL PAINTINGSPAINTINGS

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Aleppy CoirAleppy Coir

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Mysore sandal soap & oilMysore sandal soap & oil

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Horticultural Products from Horticultural Products from MysoreMysore

Mysore mallige

Udupi mallige

Hadagali mallige

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Why GI ProtectionWhy GI Protection• Cultural Arguments

Protection of Community PropertyMatter of National PrideProtection of Reputation, GoodwillProtection of QualityProtection of the ‘Original’ ProductFacing Challenge of Advances in Plant

Breeding and BiotechnologyProtection of Traditional Knowledge.

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Why GI protection (contd.)Why GI protection (contd.)• Economic Arguments

Protection Against Unfair CompetitionDemand vs.SupplyAdvantages of Premium: Niche MarketConsumer Perception of Genuineness of goodsHigher PricesAttracting Foreign Investors, e.g. partnerships Important Role in Rural DevelopmentEmployment Generation.

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Economic BenefitsEconomic Benefits• French GI cheeses are sold at a premium

of Euro 2• Italian Tuscano oil at a premium of 20%

since it has been registered as a GI in 1998

• 85% French wine exports use GIs• 80% EU exported spirits use GIs• 40% EU consumers are prepared to pay

10% more for origin guaranteed products.(from europa.eu.int)

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Why GI protection (contd.)Why GI protection (contd.)

• International Commerce

• TRIPS obligation

• No protection if not protected in the

country of origin

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GIs in West Bengal GIs in West Bengal • Bengali Rosgulla• Kolkata Round Sapota• Handia jackfruit• Churnakati rice• Charnock rice

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HandloomsHandlooms• Bankura Bed sheets, Sarees, Dress Materials, Mixed Fabrics

• Baluchar Designed Fabrics, Sarees, Dress Materials

• Dinajpur Bed sheets, Sarees, Shirtings

• Kolkota Dress Materials, Shirtings, Sheetings, Sarees

• Murshidabad Designed Fabrics, Shirtings and Coatings,

Sarees, Dress Materials

• Nadia Mulls, Sarees, Mixed Fabrics, Dress Materials

• Purulia Jamdhanis, Mulls, Sarees, Dhoties, Dress Materials

• Shantipur Jamdhanis, Sarees, Dress Materials.

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HandicraftsHandicrafts• Masks

• Kalighat dolls

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HandicraftsHandicrafts• Sholapith

• Terracota

• Dhokra

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What is to be Done?What is to be Done?Protect your Geographical Indications

by Registering with the Geographical Indications Registry at

Chennai

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