INTRODUCTION
Geographical indications are today considered major intellectual assets in relation to a variety of goods. Geographical indications are also a global issue, regulated in international law by the WTO and attracting increasing attention world-wide. Geographical Indications is an emerging field of Intellectual property. Every region has its claim to fame and it has to be protected.
Classification of IPR
Industrial Property
IPR
Copyright
Music Literature Sound Recording
Patents
Trademarks Industrial Design Geographical Indications
Works of Art
Computer Programs
Classification of IPR
Copyright and rights related to copyright: i.e. rights granted to authors of literary and artistic works, and the rights of performers, producers of phonograms and broadcasting organizations. The main purpose of protection of copyright and related rights is to encourage and reward creative work. Industrial property: This includes (1) the protection of distinctive signs such as trademarks and geographical indications, and (2) industrial property protected primarily to stimulate innovation, design and the creation of technology. In this category inventions (protected by patents), industrial designs and trade secrets are included.
Introduction
Under article 1 & 10 of the Paris convention of trade marks (1883) for protection of Industrial property, GI are covered as element of IPR. Also under article 22,23,24 of TRIPS Agreement these have been covered. India being a member of WTO enacted the GI of Goods (Registration & Protection) Act 1999.
History of GI PROTECTION
In France : rule named as Appelation dorigine controllee Act of 1958 It issues official certification of origin & standard of product. E.g. tequila (spirits), Jaffa (oranges) and Bordeaux ( wines)
GI PROTECTION
Registrar : Controller General of Patents, Designs and Trade Marks (CGPDTM) Period of holding GI Registration :10 year Difference b/w GI and other IPR : It is a publicaly owned right and other IPRs are private monopoly rights
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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
According to the legislations broad definition, a geographical indication in relation to goods means
definition
an indication which identifies such 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 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.
India has put in place a sui generis system of protection for GI with enactment of a law exclusively dealing with protection of GIs. Came into force in India on 15th sept 1999. In year 2002, certain rules were further added to the Act under GI of Goods (Registration & Protection) Act 2002. Under this act GI is an IPR which identifies a good as originating in a certain region where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin.
The definition of GI included in Section 1(3) (e) of the Indian GI Act60 clarifies that for the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as a GI if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be. This provision enables the providing protection to symbols other than geographical names, such as Basmati.
Kanjeevaram Sarees
BHADOHI CARPET
Bhavani Jamakkalam
Darjeeling Tea
Basmati Rice Darjeeling Tea Kanchipuram Silk Saree Alphanso Mango Nagpur Orange Kolhapuri Chappal Bikaneri Bhujia Agra Petha Goa Feni
The need
India.
Such protection helps the consumers from deception and adds economic prosperity of such goods
Any association of persons, producers, organization or authority established by or under the law can apply. The applicant must represent the interest of the producers The application should be in writing in the prescribed form The application should be addressed to the Registrar of Geographical Indications alongwith prescribed fee.
Validity Period of GI
The registration of a geographical indication is valid for a period of 10 years. It can be renewed from time to time for further period of 10 years each. If a registered geographical indication is not renewed it is liable to be removed from the register.
When an unauthorized user uses a geographical indication that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which mislead the public as to the geographical origin of such goods. When the use of geographical indication result in an unfair competition including passing off in respect of registered geographical indication. When the use of another geographical indication results in false representation to the public that goods originate in a territory in respect of which a registered geographical indication relates.
of goods Geographical map Particulars regarding apppearance of GI Particulars of procedures of concerned goods
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Step 2 : application completed in all respects filed to regional registry office Step 3 : application analysed by registrar & amendments made (if required) Step 4: application advertised & oppositions are invited Step 5 : counter statement is asked by registrar from applicant
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Step 6 : oppositions settled & necessary modifications done (if required) Step 7 : the application meanwhile moves to centre government for publication; applicant gets its right to GI Protection
On violation of the Act : Imprisonment : NLT 3 months & NMT 3 years Fine : NLT Rs. 50,000 and may extend to 2 lac rupees
Apply to:
Geographical Indications Registry Intellectual Property Office Building Industrial Estate, G.S.T Road Guindy, Chennai 600 032 Ph: 044 22502091-93 & 98 Fx : 044 22502090 E-mail: gir-ipo@nic.in Website : ipindia.gov.in
Introduction
Darjeeling a district of West Bengal, India. Since about 1835, tea has been cultivated, grown and produced in the State. The tea produced in this region has a distinctive quality and flavor. It has long been known to the trade and the public in India and abroad as Darjeeling Tea. It has acquired domestic and international reputation.
Present Scenario
86 running gardens producing Darjeeling Tea on a total area of 19,000 hectares. Total production - 10 to 11 million kilograms annually. 52 thousand people working on a permanent basis 15,000 persons are engaged during the plucking season which lasts from March to November. Work force consists of 60 percent women.
At a legal level, Tea Board is the owner of all intellectual property rights in the DARJEELING word and logo both in common law and under the provisions of the following statutes in India: (i) The Trade Marks Act 1999: DARJEELING word and logo are registered certification marks of Tea Board;
(ii)The Geographical Indications of Goods (Registration and Protection) Act, 1999: DARJEELING word and logo were the first Geographical Indications to be registered in India in the name of the Tea Board:
(iii) The Copyright Act, 1957: The DARJEELING logo is copyright protected and registered as an artistic work with the Copyright Office.
logo and also the word Darjeeling as a Certification Trade Mark under the
Indian Trade and Merchandise Marks Act, 1958.