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Geographical Indications & Traditional Knowledge

This document provides an overview of geographical indications and traditional knowledge. It defines geographical indications as indications that identify goods originating from a specific geographical region that possess special qualities from that region. It discusses national and international protection of GIs, the registration process in India, benefits of registration, validity periods, infringement, and differences between GIs and trademarks. The document also defines traditional knowledge as tradition-based creations and innovations resulting from intellectual activity. It discusses key qualities of traditional knowledge and three general forms of IP protection for traditional knowledge content, expressions, and distinctive signs. The document provides examples of registered Indian GIs and cases related to traditional knowledge.

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Trisha Bhaumik
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94 views28 pages

Geographical Indications & Traditional Knowledge

This document provides an overview of geographical indications and traditional knowledge. It defines geographical indications as indications that identify goods originating from a specific geographical region that possess special qualities from that region. It discusses national and international protection of GIs, the registration process in India, benefits of registration, validity periods, infringement, and differences between GIs and trademarks. The document also defines traditional knowledge as tradition-based creations and innovations resulting from intellectual activity. It discusses key qualities of traditional knowledge and three general forms of IP protection for traditional knowledge content, expressions, and distinctive signs. The document provides examples of registered Indian GIs and cases related to traditional knowledge.

Uploaded by

Trisha Bhaumik
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPSX, PDF, TXT or read online on Scribd
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Geographical Indications

& Traditional Knowledge

The Syllabus
Basics of GI
Protection of GI at National Level
Protection of GI at International

Level
Registration Process in India
Procedure for Filing GI Application
Registered GIs in India
Basics of Traditional Knowledge
Case study Discussions

What is a Geographical
Indication?
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

Examples of Indian GIs


Darjeeling Tea
Kanchipuram Silk Saree
Alphanso Mango
Nagpur Orange
Kolhapuri Chappal
Bikaneri Bhujia
Agra Petha
Surendranagar Tangaliya

Benefits of the Registration of GIs


It confers legal protection to Geographical

Indications in India
Prevents unauthorized use of a Registered
Geographical Indication by others
It provides legal protection to Indian
Geographical Indications which in turn
boost exports.
It promotes economic prosperity of
producers of goods produced in a
geographical territory.

Who can apply for the registration of


a GI ?
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

Who is an authorized user?


A producer of goods can apply for

registration as an authorized user


It must be in respect of a registered

geographical indication

Who is a producer in relation to a


GI?
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.

Is a registration of a GI 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.

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 is a registered GI said to be


infringed?
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.

Can a registered geographical


indication be assigned, transmitted,
etc?
No. A geographical indication is a public

property belonging to the producers of the


concerned goods.
It shall not be the subject matter of

assignment, transmission, licensing, pledge,


mortgage or such other agreement.
However, when an authorized user dies, his

right devolves on his successor in title.

How a geographical indication is


different from a trade mark?
A trade mark is a sign which is used in the

course of trade and it distinguishes goods or


services of one enterprise from those of
other enterprises.
Whereas a geographical indication is an

indication used to identify goods having


special characteristics originating from a
definite geographical territory.

Special Titles of Protection


Comprises the protection of appellations of origin
According to this law, an appellation of origin consists of the

name of a country, region or locality that serves to designate a


product originating therein, the quality and characteristics of
which are due to the geographical environment, including both
natural and human factors. This means that only such products
are protected under this special title which originate from a
specific area and which owe their specific quality to their place
of origin.

PROTECTION OF GI AT INTERNATIONAL LEVEL

A) Protection through Multilateral Treaties

Three multilateral treaties administered by WIPO

contain provisions for the protection of geographical


indications:

the Paris Convention for the Protection of Industrial

Property

the Madrid Agreement for the Repression of False

or Deceptive Indications of Source on Goods

the Lisbon Agreement for the Protection of

Appellations of Origin and their International


Registration

(B) Protection through the Provisions of


Bilateral Agreements

A further possibility of international protection of

geographical indications is the conclusion of bilateral


agreements between two states.

A number of countries have entered into such agreements.

In general, such bilateral agreements consist of lists of


geographical indications which were drawn up by the
contracting parties and an undertaking to protect the
geographical indications of the respective contracting
parties.

The agreement usually also specifies the kind of protection

that is to be granted. Although in general useful, bilateral


agreements cannot constitute an entirely adequate solution
to the problem of the lack of international protection
because of the multiplicity of negotiations required and,
resulting there from, an inevitable diversity of standards.

(C) Provisions of the TRIPS (Trade


Related IP) Agreement on
Geographical Indications
In respect of geographical indications, Members shall

provide the legal means for interested parties to


prevent:

the use of any means in the designation or

presentation of a good that indicates or


suggests that the good in question
originates in a geographical area other than
the true place of the origin in a manner
which misleads the public as to the
geographical origin of the good;

any use which constitutes an act of unfair

competition

Traditional knowledge

refer to traditionbased

literary, artistic or scientific works;


performances;
inventions;
scientific discoveries;
designs;
marks, names and symbols;
undisclosed information;
and all other traditionbased innovations

and creations resulting from intellectual


activity in the industrial, scientific, literary
or artistic fields.

Key qualities of Traditional


Knowledge
The Key qualities of Traditional Knowledge that
distinguish it from the general forms of
knowledge:
the context of creation
association with the community
link to the community through a sense of

ownership or responsibility
the requirement that it be knowledge
community to identify traditional knowledge

Three general forms of TKrelated IP


protection
Protection extended to the content, substance or idea of

knowledge and culture corresponding roughly to the subject


matter of patents, utility models and know-how or trade
secrets;
traditional know-how about the medicinal use of a plant, or traditional

ecological management practices

Protection extended to the form, expression or representation

of traditional cultures corresponding roughly to the subject


matter of copyright and performers rights and rights in
industrial and textile designs; and
such as a traditional song, performance, oral narrative or graphic design

Protection extended to the reputation and distinctive

character of signs, symbols, indications, patterns and styles


associated with traditional cultures, including the suppression
of misleading, deceptive and offensive use of this subject
matter corresponding roughly to the subject matter of
trademarks and geographical indications, as well as specific
protection for material such as national symbols.

Few Cases
Darjeeling Tea
Basmati Rice
Pochampalli Ikat
Leather Toys of Indore
Kutch Embroidery
Kancheepuram Silks
Madhubani Paintings
Bastar Dhokra
Turmeric
Neam

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