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Geographical Indication

Geographical indications (GIs) identify products that originate from a particular region and possess qualities or a reputation due to that origin. GIs protect producers' markets and promote economic prosperity by ensuring a fair share of products for regions known for certain goods. Examples of internationally protected GIs include Darjeeling tea, Scotch whisky, and Champagne. To register a GI in India, an association representing producers applies to the Geographical Indications registry. If approved, the GI is advertised and may be opposed before registration is granted and valid for 10 years. Registered users are then authorized to use the GI if they meet the product standards of the region.

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158 views23 pages

Geographical Indication

Geographical indications (GIs) identify products that originate from a particular region and possess qualities or a reputation due to that origin. GIs protect producers' markets and promote economic prosperity by ensuring a fair share of products for regions known for certain goods. Examples of internationally protected GIs include Darjeeling tea, Scotch whisky, and Champagne. To register a GI in India, an association representing producers applies to the Geographical Indications registry. If approved, the GI is advertised and may be opposed before registration is granted and valid for 10 years. Registered users are then authorized to use the GI if they meet the product standards of the region.

Uploaded by

Abhishek Kumar
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Dr. V.C.

Vivekanandan
MHRD IP Chair Professor
Nalsar University of Law
www.nalsarpro.org [email protected]

Geographical Indication is a notice


which notifies that a product originates
from a geographical area which could be
an agricultural product or an industrial
product.It is a method of IP protection by
a decree or by a register.

@ To inform the consumers the origin


and also to protect them from deceptive
goods or products.
@To protect the market of the
producers
@To Promote the economic prosperity and a
fair share of the products and goods of a
region which enjoys the reputation.

An appellation is a geographical indication


that declares the quality of the goods for
which it is used to be derived from essentially
or exclusively from the area of production.
All application of origin are geographical
indication, but not all geographical indication
are appellation of origin.

Darjeeling tea(India)
Scotch Whisky (scotland)
Champagne (France)
Kancheepuram Saree
(Kancheepuram

A geographical indication is used to


show that certain products have a
regional origin. It must be available for
use by all the producers in that region.
A trade Mark is a sign that an individual
trader or company uses to distinguish its
own good or services from the goods or
services of its competition.

Internationally GI can be protected by


reciprocal arrangements between
countries or in the case of appellation of
origin by the Lisbon Agreement.

TRIPS agreement requires all members if


the WTO to protect geographical
indication if their unauthorized use would
be misleading or would constitute an act
of unfair competition.

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 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 to preparation
of the goods concerned takes place in such
territory, region, or locality as the case may
be.

The office for registration of


Geographical indications for the whole
of India is located only at Chennai.
Any Association of persons or producers
or any organization or any authority
established by or under any law for the
time being in force representing the
interest of producers of the concerned
goods can apply for registration.
.

Once the application is accepted, it is


advertised in a journal and can be opposed
by any interested party within a total period
of four months from the date of
advertisement

If the mark is not opposed or the


opposition is dismissed, the mark will
proceed to registration with effect
from date of filing of the application.
The certificate of registration would
be issued.
The registration is valid for a period
of 10 years and can be renewed from
time to time.

The most important feature of this Act is the


provision for registered users. If a co-operative
Society registers Darjeeling for tea or Coorg for
coffee, every plantation owner in Assam or
Kodagu can become registered user authorise to
use the name indicating the origin of the product
with particular quality, characteristic and
distinctiveness.

In Europe Geographical Indications is


popular among wine growers to indicate
wine from a particular territory or locality.
In Germany, there are more than 300
geographical indications registered in
respect of wines.

In India there are several internationally well reputed


indications such as Kancheepuram for silk sarees,
Mansoon Coffee for the coffee exported from Malabar
Coast, Darjeeling Tea, Pochampally Cotton, and may be
Tirunelvelli Halwa.
In order to register these internationally well known
geographical indications, you should have standards fixed,
the geographical areas defined and a proper apex society
formed, which should be the owner of the named and the
actual users become registered users.

For Eg. If you take Kancheepuram saree


there should be available standards fixed
such as quality of zari used, the weight of
the silk, the quality of the dye whether
eco friendly vegetable dye or chemical
dye with certain parameters regarding
toxicity, the weave and the waft and the
districts of Tamil Nadu wherein only
Kancheepuram saree can be woven.
May be any of you are not aware that a
Kancheepuram saree can be only of
lengths 6 yards, 8 yards and 9 yards. You
cannot have a saree of the length of your
choice a genuine Kancheepuram Saree.

The standards should be fixed by Textile experts in


consultation with the weavers who are involved in
day to day weaving of sarees. The standard should
be published and should be easily accessible.
After the standards are fixed, an Apex body should
be formed, which would become the applicant and
proprietor
of
the
geographical
name,
Kancheepuram in respect of silk saree.
Each co-operative society and may be the
individual weavers can become registered users
authorised to call their saree, Kancheepuram Saree
provided, the standards of quality are followed.
Otherwise, in the international market, you cannot
maintain
monopoly
over
the
word
Kancheepuram.

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