Sec G, Group 1
Agenda
Intellectual Property Rights Geographical Indication Advantages of GI Registration Initiative in India Indian Act GI Framework Products under GI Process of applying for GI The Tirupati Laddu Case
Advantages of GI Registration
Confers legal protection and safeguards against unauthorised use Promotes economic prosperity Assigns a collective form of monopoly right Creates privilege for initiating legal action against infringers Reduces or eliminates unfair competition Conserves the traditional knowledge Tool to promote rural development Tool to preserve local know-how and natural resources
Initiative in India
Indian parliament passed GI Act in 1999 & implemented in 2003 The Geographical Indications (Registration and Protection) Rules, 2002
2 parts, 116 rules, 3 schedules, 10 forms
GI application received: 152 (as on the 31st January 2009) GI Registered: 110 (as on the 31st January 2009)
GEOGRAPHICAL INDICATION
Examples of Indian GI Basmati Rice Darjeeling Tea Kanchipuram Silk Alphanso Mango Nagpur Orange Kolhapuri Chappal Bikaneri Bhujia Agra Petha Goa Feni Palakkadan Matta Navara Rice
Any association of persons, producers, organisation or authority established by or under the law. Registered proprietor Authorized user Producer
Every application for the registration must contain A statement as to how the GIs serves to designate goods as originating from the concerned territory of the country/region/locality in the country The class of goods to which the GI shall apply The Geographical map of the country, region or locality in the country in which the goods originate or are being manufactured.
The particulars regarding the appearance of the GIs as to whether it comprises of the words or figurative elements or both. Shall be in prescribed format Mechanism to ensure quality, standards, uniqueness Special human skills Name and address of the associations Inspection structure for maintaining quality Protection measures for eliminating infringement
FILING OF APPLICATION
OPPOSITION
REGISTRATION
PRELIMINARY SCRUTINY
PUBLICATON IN GI JOURNAL
APPEAL
CONSTITUTION OF CONSULTATIVE
RENEWAL
GROUP OF EXPERTS
EXAMINAT ION
Tirupati Laddu
Tirupati laddus are offered as naivedyam to Lord Venkateshwara Tirupati laddu is a divine offering of TTD which is a unique combination of natural ingredients like Sugar, BG Dal flour, cashew nuts, cardamom, raisins, sugar candy and almonds blended to impart a distinctive aroma, appearance & taste The uniqueness of Tirupati Laddu is based on all the three parameters specified below a) Reputation b) Quality c) Human Skill and d) Other characteristics The laddu gets reputation not from its taste alone but from its sanctity
Points in favour
Points Against
Monopolistic rights assigned only to TTD trust Not benefitting the community Characteristics do not have any association with geography Local people will have to look up to TTD for rights to manufture laddu No assurance of quality before/after GI tag