India being a member of the World Trade Organization, has enacted the Geographical Indication of Goods Act in the year 1999, in conformity with the TRIPS Agreement. The definition of G I in the Act is substantially based upon Article 2.2 of EC Regulation 2081/92 for the protection of Geographical Indications and designation of Origin for Agriculture products and Food Stuffs.
It defines a G I in relation to 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 characteristic of such goods is essentially attributable to its Geographical origin. Where such goods are manufactured goods , one of the activities of either the production or of processing or preparation of the goods concerned should take place in such territory, region or locality, as the case may be. The above Act came into force on 15th September 2003. The GI Office is located in Chennai India)
The Act defines “Goods” means ‘any Agriculture, natural or manufactured goods or any goods or any goods of handicraft or of Industry and includes foodstuff. An “authorize user”, under the Act is the authorize user of a G I.
The Act creates a G Is registry as well as a G I Register to be kept at the GI Registry. All the registered G Is with the names, addresses, and descriptions of the proprietor and authorized users and such other matters relating to registered G Is are to be entered in such register. It does not protect G Is, inter alia, which have become generic names and, therefore, cease to be protected in their Country of origin or which have fallen into disuse in their Country of origin.
Any association of persons or producers representing the interests of the producers of the concerned goods may apply to the Registrar seeking registration of the GI concerned. Such application shall contain, inter alia, a statement as to how the GI serves to designate the goods as originating from the concerned territory or region in respect of the specific quality, reputation or other characteristics of which are due to the geographical environment with its inherent natural and human factors and the production, processing, preparation as well as particulars of the producers of the concerned goods.
Any Person claiming to be an authorized user of the GI may also apply in writing in the prescribed manner to the Registrar for registering him as an authorized user of such GI. Authorized users have exclusive rights to use of the GI as well as a right to remedy of an action for infringement. It also provides for a remedy of Passing off in respect of unregistered GIs.
The Act prohibits for registration GIs as trade Marks. However ,in compliance with TRIPS, if a trademark was adopted/applied for/registered in good faith before the commencement of the Act or before the date of filing of the application for registration of such GI under the Act, nothing in the Act will prejudice the register ability or the validity of the registration of such trademark, or the right to use such trademark on the ground that such trademark is identical with or similar to such GI. Besides the civil remedies by way of injunction, damages. rendition of account , the Act has made falsification of GIs a cognizable criminal offence.
Question:–
1.What is Geographical Indications (GIS) ?
Ans. Geographical Indications means an indication which identifies goods as agricultural goods, natural goods, or manufactured goods as originating or manufactured in the territory of a Country, or a region or a 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 one, the production or processing or preparation of the goods takes place in such territory ,region, locality as the case may be. The place names are sometimes used to identify a product, for example: Champagne, Scotch, Tequila and Roquefort Cheese.
Examples of Geographical Indications in India:—
Basmati Rice, Darjeeling Tea, Pochampally lkat, Jasmine Rice etc.
-For the purposes of this clause,, any name which is not the name of Country ,region or locality of that Country, shall also be considered as the geographical indication 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.
2 Q. Which indications are not registrable ?
Ans. For registrability, the indications must fall within the scope of the section 2(1)e of GI Act 1999. Being so, it has to also satisfy the provisions of section 9, which prohibits registration of a Geographical Indication such as :–
(a) The use of which would be likely to deceive or cause confusion; or
(b) the use of which would be contrary to any law for the time being in force; or
(c) which comprises or contains scandalous or obscene matter; or
(d) which comprises or contains any matter likely to hurt the religious susceptabilities of any class or section of citizens of India; or
(e) which would otherwise be disentitle to protection in a Court: or
(f) which are determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their Country of origin, or which, or which have fallen into disuse in that Country; or
(g) which although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory region or locality, as the case may be.
3Q. How Geographical indications (GIs) are different from indications of source ?
Ans. Geographical indications bear the quality functions of the product where as the indications of source indicates the source of products only. For example : Made in India , made in France.
4Q. What is appellation of Origin ?
Ans. 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. The concept of Geographical Indication encompasses appellation of origin.
5Q.What does a Geographical Indication do ?
Ans. A Geographical Indication points to a specific place or region of production that determines the characteristic qualities of the product that originates therein. It is important that the product derives its qualities and reputation from that place. Since those qualities depend on the place of production, a specific “link” exist between the products and their original place of production.
6Q. What are the benefits of GI registration ?
Ans.
(i) It prevents unauthorized use of registered Geographical Indications goods by third parties.
(ii) It boosts export.
(iii) It promotes economic prosperity of producers.
(iv) Only an authorized user has the exclusive rights to use the Geographical Indication in relation to goods in respect of which it is registered.
7Q.Who can apply for the registration of a Geographical Indication ?
Ans.
(a) Any Association of persons , producers, organization or authority established by or under the Law can apply.
(b) The applicant must represent the interest of producers.
8Q. Who is authorized user ?
Ans.
(i) A producer or group of producers of goods can apply for registration as an authorized user,
(ii) It must be in respect of a registerd Geographical Indication.
(iii) An application must be applied in writing in the prescribed form along with prescribed fee.
9Q. How long the registration of G I is Valid ?
Ans. The registration of Geographical Indication is valid for a period of 10 years.
10Q.Can a Geographical Indication be renewed ?
Ans. Yes, G I registration can be renewed from time to time for further period of 10 years each ,if the authorized user so desires.