Transcript GI Act & its Implementation - IIFT Kolkata

Geographical Indications
of Goods (Registration and
Protection)
Act and its
Implementation
T C James
Director
Ministry of Commerce & Industry
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PRIOR TO THE GI ACT
• Common
law
system
of
jurisprudence
and
remedy
of
‘passing off’ action.
• Indian courts repeatedly held that
use of GI as trade mark is false
trade description under the Trade
Marks Act.
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A sui generic law
• Options – Trade Mark Law or Sui
generic law
• Sui generic law considered more
appropriate
• Accordingly, the Geographical
Indications of Goods (Registration
and Protection) Bill, 1999 was
introduced in Parliament.
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Wide Definition of GI
An indication which identifies goods
as agricultural goods, natural
goods or manufactured goods as
originating, or manufactured in the
territory of 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
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In case of manufactured goods one
of the activities of either the
production or processing or
preparation of the goods concerned
takes place in such territory, region
or locality, as the case may be
(Section 2[1]{e}).
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• Explanation clarifies that GI need not
be a geographical name
E.g. Alphonso, Basmati
• Goods include goods of handicraft or
of industry and also foodstuff.
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Registration
• Provides for registration
Of GIs, Proprietors & Authorized Users
[S.6(1)]
• Valid for 10 years; renewable ad
nauseum (S. 18)
• Registration prima facie evidence of
validity (S. 23)
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Who can Register?
• Producer
Any association of persons or
producers, or
Any Organization/authority
established by or under any law
which represent the interests of the
producers of the concerned goods
[S.11(1)]
Producer includes trader
• Authorized User [S.17(1)]
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Procedure for Registration:
Filing
• Application in prescribed form along with fee,
statement of the case and map to be filed before
Registrar of GIs
• Statement of Case, inter alia, to contain:
 How the GI serves to designate the goods as originating
from the concerned territory having a special quality,
reputation or other characteristic
 Details of the special characteristics and how those
standards are maintained
 Details of special human skill involved or uniqueness of
the geographical environment or the inherent
characteristics
 Details of inspection structure, if any , to regulate the
use of the GI.
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PRELIMINARY SCRUTINY
AND EXAMINATION
• Examiner scrutinises for any
deficiencies
• Applicant to remedy deficiencies
within 1 month of communication
• Registrar to constitute a Consultative
Group of technical and legal experts
• On the basis of the Consultative
Group report, Examination Report
will be issued.
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SHOW CAUSE NOTICE
• Objection to registration to be
communicated in writing
• Applicant to file reply within 2 months
• Registrar may also give a hearing
• Applicant may also correct any particular
through separate application
• Registrar either accepts or rejects the
application
• Decision of Registrar appealable to the
Intellectual Property Appellate Board.
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PUBLICATION AND
REGISTRATION
• Accepted applications are published in the GI
Journal, within 3 months, inviting opposition
• Opposition can be filed by any within 3 + 1
months
• A copy of the opposition to be given to the
applicant by the Registrar
• Applicant to file counter statement within 2
months
• Registrar to give a copy of the counter statement
to the opponent
• Registrar hears both parties and decides
• Date of filing will be deemed date of registration.
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Procedure for Registration
• Filing of application before the Registrar
• Registrar either refuses or accepts subject
to conditions
• Advertisement for opposition
• 3 months time for opposition
• If no opposition, registration
• In case of opposition, copy given to
applicant
• 2 months for filing counter statement
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Procedure for Registration
• If no counter statement, then the
application is deemed abandoned
• Copy of counter statement to the
opponent
• Hearing of parties, if so desired
• Registrar may add conditions or
limitations
• Registrar can rely suo motu, on
grounds of opposition not raised by
opponent
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Rights
• Section 21
• Exclusive right to use the GI on the
goods
• Right to obtain relief for infringement
of the GI
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Working of the Act
• Act brought into force on 15 September 2003
• GI Registry established at Chennai
• 128 applications so far
• 82 products registered
• No authorised user registered so far
• No foreign product registered
• One foreign application (Pisco) published
• No appeals against the decisions of the Registrar of GIs so
far.
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SOME REGISTERED
GEOGRAPHICAL
INDICATIONS
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Darjeeling Tea
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Kangra Tea
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Nanjangud Banana
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Coorg Orange
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Pochamppalli Ikat
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Mysore silk
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Bhavani Jamakkalam
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Kasuti Embroidery
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Kota Doria
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Kullu Shawl
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Aranmula Kannadi (Mirror)
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Bidriware
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Channapatna toys
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Madhubani Paintings
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SOLAPUR CHADDAR AND TERRY TOWEL
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MADURAI SUNGUDI
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SALEM FABRIC
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ORISSA IKAT
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PHULKARI EMBROIDERY
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Karimnagar Silver Filigree
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ROSE WOOD INLAY OF
MYSORE
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MYSORE TRADITIONAL
PAINTINGS
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Aleppy Coir
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Mysore sandal soap & oil
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Horticultural Products from
Mysore
Udupi mallige
Mysore mallige
Hadagali mallige
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Why GI Protection
• Cultural Arguments
Protection of Community Property
Matter of National Pride
Protection of Reputation, Goodwill
Protection of Quality
Protection of the ‘Original’ Product
Facing Challenge of Advances in Plant
Breeding and Biotechnology
Protection of Traditional Knowledge.
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Why GI protection (contd.)
• Economic Arguments
 Protection Against Unfair Competition
 Demand vs.Supply
 Advantages of Premium: Niche Market
 Consumer Perception of Genuineness of goods
 Higher Prices
 Attracting Foreign Investors, e.g. partnerships
 Important Role in Rural Development
 Employment Generation.
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Economic Benefits
• French GI cheeses are sold at a premium
of Euro 2
• Italian Tuscano oil at a premium of 20%
since it has been registered as a GI in
1998
• 85% French wine exports use GIs
• 80% EU exported spirits use GIs
• 40% EU consumers are prepared to pay
10% more for origin guaranteed products.
(from europa.eu.int)
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Why GI protection (contd.)
• International Commerce
• TRIPS obligation
• No protection if not protected in the
country of origin
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GIs in West Bengal
• Bengali Rosgulla
• Kolkata Round Sapota
• Handia jackfruit
• Churnakati rice
• Charnock rice
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Handlooms
• Bankura Bed sheets, Sarees, Dress Materials, Mixed Fabrics
• Baluchar Designed Fabrics, Sarees, Dress Materials
• Dinajpur Bed sheets, Sarees, Shirtings
• Kolkota Dress Materials, Shirtings, Sheetings, Sarees
• Murshidabad Designed Fabrics, Shirtings and Coatings,
Sarees, Dress Materials
• Nadia Mulls, Sarees, Mixed Fabrics, Dress Materials
• Purulia Jamdhanis, Mulls, Sarees, Dhoties, Dress Materials
• Shantipur Jamdhanis, Sarees, Dress Materials.
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Handicrafts
• Masks
• Kalighat dolls
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Handicrafts
• Sholapith
• Terracota
• Dhokra
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What is to be Done?
Protect your Geographical Indications
by Registering with the
Geographical Indications Registry at
Chennai
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