Transcript Diapositiva 1

Geographical
Indications
CS Disha Kant
Geographical Indication (GI)
What is it?
• Linked to a particular region
• Indicate qualities, attributes, reputation
associated with geographic origin
• Connected to region’s inherent
characteristics (e.g., soil, climate, terrior)
• May also imply production skills/processes
associated with region
Examples of GIs
Columbia
India
Greece
France
Mexico
Italy
Switzerland
Portugal
Columbian coffee
Darjeeling Tea
Ouzo (spirit)
Champagne (sparkling wine),
Roquefort (cheese)
Tequila (spirit)
Parma ham
Etivaz, Gruyere (cheese)
Port (wine)
Geographical Indication
• which identifies such goods as
agricultural goods, natural goods or
manufactured goods
• as originating, or manufactured in
particular territory
• the quality, reputation or other
characteristic of such goods is essentially
attributable to its geographical origin.
Intangible Advantage
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GIs are a marketing tool
Reputation for quality associated with place
name used on labels, advertising
GI-identified products are believed to command
higher prices
Legal Protection
GIs are shared by all producers in the region
identified by the GI. GIs attach to a location
Exceptions
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The use of which would be likely to deceive or cause confusion;
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the use of which would be contrary to any law for the time being in force
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Which comprises or contains scandalous or obscene matter
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Which comprise or contains any matter likely to hurt the religious
susceptibilities of any class or section of the citizens of India;
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Which would otherwise be disentitled to protection in a court;
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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 have fallen into disuse in that country;
Process & Procedure
• Application in prescribed form accompanied by
the prescribed fee.
• It shall be signed by the applicant or his agent.
• Advertisement for 3 months
• Renewal after 10 years
Application
• Every application shall be shall contain:
• A statement as to how the GI serves to designate
the goods as originating form the concerned
territory
• Three certified copies of class of goods to which
the GI relates
• The geographical map of the territory.
• The particulars of the appearance of the GI
words or figurative elements or both
Geographical Indications
Registry
• Geographical
Indications
Registry
is
established under section 5 of the Act
• It is located in Chennai
• Register of geographical indications is
maintained
• wherein
all
registered
geographical
indications with the names, addresses and
descriptions of the proprietors, authorised
users are kept
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Examples
Mysore Silk
Coorg Orange
Madhubani Paintings
Nirmal Toys and Craft
Konark Stone carving
Kathputlis of Rajasthan
Fazli Mango grown in the district of Malda
Feni- Goa
Naga Mircha
Champagne
Kinhal Toys
Bomkai Saree & Fabrics
International Origins
• The TRIPS Agreement is Annex 1C of the
Marrakesh Agreement, signed in Marrakesh,
Morocco on 15 April 1994.
TRIPS Article 22,23,24
• All products are covered by Article 22,
which defines a standard level of
protection.
• Article 23 provides a higher or enhanced
level of protection for geographical
indications for wines and spirits
• Exceptions (Article 24). In some cases,
geographical indications do not have to be
protected or the protection can be limited
Tequila
•Only a specific region, “the region for the appellation of origin
Tequila”, can engage in the production of the spirit.
• Selected municipalities within ONLY five Mexican States
can grow the agave and produce Tequila.
• Each one of the municipalities was selected attending to:
• Geographical factors: climate, altitude, parallel and soil
characteristics.
• Human factors: the use of traditional techniques of
production that have been passed on from generation to
generation.
Darjeeling
Tea
Darjeeling Tea (word & logo) 2004
•
• The European Trade Council and the
German Tea Association have agreed to
confer
the
protected
geographical
indication (PGI) status on Darjeeling tea,
the first commodity from India to get such
a tag.
• This implies that the brew produced only
in Darjeeling can be sold as Darjeeling tea
in the EU.
Opportunity
Section 76
Company secretary can act as a agent or
representative for a party.
Disclaimer Clause: Views expressed in this
presentation views of the author do not
necessary reflect those of the Institute
Thank You