GI registration

GI registarion in Jharkhand- 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. Geographical Indication in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country , or a region or locality in that territory, where a given quality, reputation or other characteristics 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 take place in such territory, region or locality, as the case may be.

 In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.

Geographical indications with respect to the goods are indications that identify the goods
Goods such as agricultural goods, natural goods or industrial goods originating or produced in
territory of a country or region, or a place within that territory, where the quality, reputation or
Another characteristic of these goods lies in their geographical origin and in terms of their
if the goods are finished goods, one of the production activities or
the processing or preparation of the goods in question takes place in that area, that area or that place
the case is possible.

What are Geographical Indications?
Geographical Indications, or GI labels, are intellectual property rights assigned to products that originate from a particular geographic location and have inherent or recognizable characteristics due to that location.

Examples of possible Indian Geographical Indications.

Basmati Rice
Darjeeling Tea
Kanchipuram silk saree
Nagpur orange
Kolhapuri chappal
Bikaneri bhujia
Agra petha

Geographical Indication (GI) is a name, sign or symbol used on certain goods that correspond to a certain geographic location, region, or country, which indicates that a product of a certain origin has certain characteristics, qualities, and attributes associated with it.

The protection regime associated with UPS differs from country to country. Some countries protect geographical indications through a sui generis system (i.e. have specific laws protecting geographical indications), while countries without a sui generis system offer protection through collective marks or certification.

Filing

The Protection of Geographical Indications (GIs) in India is governed by “The Geographical Indications of Goods (Registration & Protection) Act, 1999”

Entitled To Apply:-

Any association of persons, producers, organization or authority established by or under the law can apply for registration of GIs. The applicant must represent the interest of the producers. Producers are persons dealing with the following three categories of goods:

  • Agricultural Goods includes the production, processing, trading or dealing;
  • Natural Goods includes exploiting, trading or dealing; and
  • Handicrafts or Industrial goods include making, manufacturing, trading or dealing

Opposition of geographical indication

Anyone can object to the registration of geographical indications by sending a written objection notification to the Register within three months from the date of publication of the application in the Journal. The applicant must submit a counter notification to the Registrar within two months of receipt, stating the reasons underlying the application. Within two months (with the possibility of an extension of up to three months) after receiving the counter-statement, the opponent must submit evidence to support his claim. The clerk will usually notify both parties of the trial within one month of the conclusion of the examination of evidence. After hearing the parties and examining the evidence, the clerk decides whether and under what conditions an entry should be granted.

Registration & Renewal

Registration of a GI confers the following rights on the registered proprietor and the authorised users:

  • Right to obtain relief in respect of infringement of GI.
  • Exclusive right to use of the GI in relation to the goods in respect of which GI is registered.
  • Two or more authorised users of a registered GI shall have co-equal rights.

The registration of GI is valid for a period of ten years, and may be renewed thereafter from time to time.

FAQs

Qus:-Who is a producer in relation to a Geographical Indication?

The persons dealing with three categories of goods are covered under the term Producer:

Agricultural Goods includes the production, processing, trading or dealing

Natural Goods includes exploiting, trading or dealing

Handicrafts or Industrial goods includes making, manufacturing, trading or dealing.

Qus:-Is a registration of a geographical indication compulsory and how does it help the applicant?

Registration is not compulsory. Registration affords better legal protection to facilitate an action for infringement. The registered proprietor and authorised users can initiate infringement actions. The authorised users can exercise the exclusive right to use the geographical indication.

Qus:-Who can use the registered geographical indication?

An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered.

How long the registration of Geographical Indication is valid?

The registration of a geographical indication is valid for a period of 10 years

Qus:-Can a Geographical Indication be renewed?

It can be renewed from time to time for further period of 10 years each.

Qus:-What is the effect if a Geographical Indication is not renewed?

If a registered geographical indication is not renewed it is liable to be removed from the register.

Qus:-When is a registered Geographical Indication said to be infringed?

When an unauthorised 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.

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