Each and every society develops certain knowledge over a long period of time. The development of such knowledge owes its origin to the geographical environment and human interactions and becomes an essential part of their economy and tradition. In a globalized society, these are vulnerable to be misused; therefore the process of preserving the knowledge and heritage is essential.
Article 37 of the International Conference on Intellectual Property has stated overly that the skill and heritage of any particular community should be protected from unfair competition and be adequately paid. Here, Geographical Indications are quite suitable for the protection of such traditional knowledge since they are based upon collective traditions and collective decision-making processes.
Geographical Indication is considered to be a sign that is used on products that have a specific geographical origin and possess qualities or reputation that are due to that origin. Geographical Indications are primarily granted to agricultural, natural, manufactured, handicrafts originating from a definite geographical territory.
In India, Geographical Indications are specifically protected by the Geographical Indication of Goods Registration and Protection Act, 1999 which lays down three-fold objectives:-
- By any means of specific law which is governing the Geographical Indication of goods in the country good adequately protect the interest of producers of such goods.
- In order to exclude unauthorized persons from misusing Geographical Indications and to protect consumers from deception and,
- For promoting goods bearing Indian Geographical Indication in the export market.
A registered Geographical Indication prohibits a third party to use any such graphical indication by any means in the designations or presentation of goods that indicate that such goods originate in a geographical area.
For Instance, Darjeeling tea (Word) is a registered Geographical Indication which means that a third party can be prohibited from using the term ‘Darjeeling Tea’ if it does not grow in their gardens or is not produced according to the standards which are set out in the code of practice for the registered Geographical Indication.
Examples of Geographical Indication Tag in India
IMPORTANT FACTS REGARDING GEOGRAPHICAL INDICATION
Geographical indication informs consumers that a particular product is produced in a certain place having certain characteristics that are due to that place of production. All producers who used to make their products in that specific place which is designated by a Geographical Indication and whose products share typical qualities may use it. Unauthorized parties are not allowed to use protected Geographical Indications which are likely to mislead the public as to the true origin of the product.
Geographical Indication is accessible to any producer of the locality or region concerned. GIs can only be politico-geographical names and symbols related to places and cannot claim their color features, unlike a trademark.
It is an expression that identifies geographically the product origin and is linked to topography, human work, climate, or any such factors which are independent of human creativity. A trademark puts emphasis on the producer of a product whereas a GI underlines the geographical origin of a product and some derived characteristics.
REGISTRATION OF GEOGRAPHICAL INDICATION PROCESS
In India, 370 Geographical Indications have been registered. It provides stronger legal protection for their products against infringement actions. Any group of people, product manufacturers, organizations, or government agencies created by or under the legislation have the right to apply for Geographical Indication registration for their product. There are several steps to obtain a Geographical Indication Tag:-
- Step I – Filling Of Application
One must ensure that their product falls under the ambit of Section 2(e) of the Act, before filling the application for Geographical Indication Tag. After completion of this step Geographical Indication Tag can be filed under Section 11 of the Act. Three copies of the application are required which should include:
- Statement of the Case for Geographical Indication Tag.
- Class of good to which Geographical Indication is applicable.
- Three certified copies of the geographical map of the region to which such Geographical Indication belongs.
- Details of applicants inclusive of their addresses
- Description of the Geographical Indication.
- Step II- Preliminary Scrutiny And Examination
The scrutiny of the applications needs to be conducted by the Registrar to figure out any insufficiency. Such insufficiencies have to be corrected within one month of receiving such communication. Further, the case statement will be reviewed by the experts and subsequently, an Examination Report will be issued.
- Step III- Show Cause Notice
Any objection to the application needs to be communicated by the Registrar. The applicant needs to respond within two months or apply for a hearing. Further, if the applicant wishes to appeal, he is required to make such a request within one month. If any such error is found, the Registrar is also empowered to withdraw an application, after giving an opportunity of being heard.
- Step IV – Publication in the Geographical Indications Journal
Within three months of acceptance, the application shall be published in the Geographical Indications Journal.
- Step V – Opposition to Registration
An individual may file a notice of opposition within three months opposing the Geographical Indication application published in the Journal. The registrar shall serve a copy of the notice on the applicant and within two months the applicant shall be sent a copy of the counter statement. After counter-statement has been filed, the Registrar is supposed to serve a copy on the person giving the notice of opposition. Further, both sides will be leading their respective evidence by means of affidavits and supporting documents. Thereafter, a date for a hearing of the case will be fixed.
- Step VI – Registration
After acceptance of the Geographical Indication application, the Registrar shall register the Geographical Indication, and the date of filing the application will be considered to be the date of registration.
- Step VIII – Renewal
Validity of a registered Geographical Indication is for 10 years which can be renewed on payment of renewal fee.
- Step IX: Appeal
Any person aggrieved by an order or decision may prefer an appeal to the Intellectual Property Appellate Board (IPAB) within three months.
FEES
For Geographical Indication filling, the Government fee is Rs 5000/-.
Further, for a detailed Government fee structure please check – https://ipindia.gov.in/fees-gi.htm
CONCLUSION
They are considered to be one of the oldest forms of IP; Geographical Indications have recently become the subject of generalized interest. In several countries, the need to comply with the obligation under the TRIPS Agreement laid down its focus on Geographical Indications. Several countries began to realize that there is some potential value in this form of IP and the fact that they are embedded in a territory means could be an effective tool for promoting locally-based progress. With the increasing recognition of Geographical Indication as to the multifunctional character, the challenging step will be to design and implement a comprehensive Geographical Indications scheme that constitutes the basis for sustainable development. It is understood that legal protection of Geographical Indication should not be an isolated aim. It is not the unique precondition for a successful Geographical Indication although it is also apparent that failures to adequately protect Geographical Indications as Intellectual Property can through overboard even the most balanced development-oriented Geographical Indication scheme.
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