ROLE OF GI, COLLECTIVE MARKS, CERTIFICATION MARKS IN INDIAAN OVERVIEW WITH INDIAN EXAMPLES PRESENTATION BY SHRI V.

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Transcript ROLE OF GI, COLLECTIVE MARKS, CERTIFICATION MARKS IN INDIAAN OVERVIEW WITH INDIAN EXAMPLES PRESENTATION BY SHRI V.

ROLE OF GI, COLLECTIVE MARKS, CERTIFICATION MARKS IN INDIA AN OVERVIEW WITH INDIAN EXAMPLES PRESENTATION BY SHRI V. RAVI, JOINT REGISTRAR OF TRADE MARKS

NATURE OF GI AS DISTINGUISHED FROM OTHER IPR’S VARIOUS LEGAL INSTRUMENTS AVAILABLE TO PROTECT GI A) B) C) D) E) CERTIFICATION MARK COLLECTIVE MARK SUI GENERIS LEGISLATION PRODUCT SPECIFIC ENACTMENT BILATERAL AND PLURILATERAL TREATY

WHAT IS CERTIFICATION MARK?

MEANS A MARK USED BY A PERSON OTHER THAN OWNER CERTIFYING CERTAIN STANDARD, ORIGIN, QUALITY, ACCURACY OR OTHER CHARACTERISTIC ARE MET OR MATERIALS USED OR SERVICES RENDERED MEET THE STANDARDS INDICATED

IT IS MARK OWNED BY X BUT USED ONLY BY Y, Z ETC.

- THERE IS NO GOVERNMENT CONTROL OVER STANDARDS - STANDARDS SET BY OWNERS OWN REGULATION - IT IS A SYMBOL OF SOME GUARANTEE - IT CAN BE REMOVED FROM TRADE MARKS REGISTER IF MISUSED - OWNER CANNOT REFUSE LICENSE IF PRESCRIBED STANDARDS ARE MET BY INTERESTED PARTIES - CERTIFICATION MARK CANNOT BE USED AS A TRADE MARK - CERTIFICATION MARK CAN BE USED BY A NUMBER OF TRADERS/PRODUCERS ETC.

LIMITATION OF CTM

• CTM CAN BE USED ONLY THROUGH LICENSEE • GI THAT CONSIST OF WORD VALUNERABLE TO FAIR USE EXSEPTION PERSE ARE • EVEN UNDER TRADE MARKS LAW EXEMPTION FROM INFRINGEMENT HONEST PROVIDED PRACTICE IN IF SIGNS INDUSTRIAL / INDICATIONS ARE USED IN ACCORDENCE WITH OR COMMERCIAL PRACTICE • THIS THE GI DILUTES CONTROL OF LISENSOR IN ADMINISTERING CTM. IT CAN BREAK LISENCING BACK BONE AN EVENTUALLY DILUTE INTEGRITY OF

WHAT IS COLLECTIVE MARK?

- ARTICLE 7 BIS OF PARIS CONVENTION MANDATES PROTECTION OF COLLECTIVE MARK - COLLECTIVE MARK IS A MARK THAT DISTINGUISHES THE GOODS -OR SERVICES OF MEMBERS OF ASSOCAITION FROM MARKS OF OTHER UNDERTAKING - WHO OWNS COLLECTIVE MRK? ASSOCIATION OF PERSONS – COULD BE MANUFACTURERS, PRODUCERS, SUPPLIERS, TRADERS OR OTHER PROFESSION BODIES LIKE INSTITUTE OF CHARTERED ACCOUNTANTS, PATENT AGENT, TEST CRICKETERS ASSOCIATION ETC.

 JAPAN EXTENDS GI PROTECTION THROUGH COLLECTIVE MARK BUT IT CAN BE THROUGH JAPANES NATIONAL  NOT VERY EFFECTIVE AS IT DOES NOT CERTIFY QUALITY OR CHARECTERISTIC  ALSO IN UK SCOTLAND TOMATOES IS REGISTER AS A COLLECTIVE MARK

THEY HAVE THEIR OWN REGULATIONS FOR USE OF COLLECTIVE MARK FUNCTION OF COLLECTIVE MARK TO DISTINGUISH AND IDNETIFY THEIR GOODS OR SERVICES FROM OTHERS.

HOW IT IS DIFFERENT FROM CERTIFICATION MARK THE PURPOSE OF TWO ENTIRELY DIFFERENT COLLECTIVE MARK USED ONLY BY MEMBERS NORMALLY THORUGH MEMBERSHIP CARD ETC.

WHY INDIAN GI ACT WAS ENACTED?

TRIPS OBLIGATION PROMOTE PROTECT INDIAN GI IN GLOBAL MARKET PREVENTCONSUMERS DECEPTION ADD TO ECONOMIC PROPERTY OF PRODUCERS OF INDIAN GI DEFINITION OF GI UNDER THE ACT

G.I. A TOOL FOR ECONOMIC GROWTH AND WEALTH CREATION A. EINSTEIN - POWER OF IMAGINATION IS MORE IMPORTANT THAN KNOWLEDGE G.W.CAVER INVENTED CROP ROTATION METHOD DISCOVERED HUNDRED OF NEW USES FOR CROPS LIKE PEANUT WHY SOME ECONOMICS GROW FASTER THAN OTHERS?

REASON IS ACCUMLATED KNOWLEDGE OF PAST COMMERCIALLY EXPLOITED.

EMERGING IMPORTANCE OF IP - NEW PATTERN OF GLOBAL TRADE -TRIPS OBLIGATION - IMPORTANCE OF GI - IT COMMUNICATES A MESSAGE - PRODUCT FROM A SPECIFIC PLACE - HAS SOME DESIRABLE QUALITY - SUCCESS IS DEPENDENT ON AGGRESSIVE MARKETING

IF USED STRATEGICALLY GI PROMOTES REGIONAL AND NAT IONAL ENTERPRISE IT CAN BOOST SALE OF REGIONAL SPECIALITY PRODUCTS GI BEING COLLECTIVE BY OWNED CAN SERVE AS AN EXCELLENT TOOL FOR COMMUNITY BASED ECONOMIC DEVELOPMENT ROLE OF NGO SUPPLEMENTED BY ATTRACTIVE DESIGNS, PACKAGING AND ADVERTISEMENT

WHO CAN FILE A GI APPLICATION?

TWO METHOD OF FILING AFTER FILING WHAT

PART A & B CLASSIFICATION AND AREA PROHIBITED GI (SEC. 9) Eg. PILSNER MADIRA GENERIC GI HOMONYMOUS GI

MAIN REQUIREMENT FOR FILING A GI APPLICATION - STATEMENT OF CASE - CLASS - MAP - PARTICULARS OF PRODUCERS - AFFIDAVIT - STANDARD BENCH MARK AND ELABORATE THE UNIQUENESS - HOW QUALITY / INTEGRITY OF PRODUCT IS MAINTAINED?

- SPECIAL HUMAN SKILL - GEOGRAPHICAL ENVIRONMENT - INSPECTION STRUCTURE

AGRICULTURAL GOODS - RICE - BASMATI, NELLORE, DEHRADUN - WHEAT- PUNJAB - FRUIT- ALPHONSO, DASERI, RATNAGIRI, BIHAR LICHIS, NAGPUR ORANGES - VEGETABLES, BANGALORE BRINJAL, CALICUT GINGER - MILK - ANAND - SPICES- MALBAR PEPPER

NATURAL GOODS

- COAL - NEW CASTLE - LIGNITE- NEYVELLI - GOLD - KOLAR, JOHANNESBURG, S. AFRICA - PETROLEUM - ARABIAN

MANUFACTURED GOODS - SARI - BANARAS, KANCHIPURAM - SLIPPER - KHOLAPUR - LOCK - ALIGARH - SHIVAKASHI - MATCHWORKS - SHOLAPUR - BEDSHEETS - MYSORE - SANDAL WOOD - GOA - FENI

FOOD STUFFS

- BENGAL - RASGOLLA - BIKANEER - BHUJIA - ANDHRA - PICKLES - WARNA - SHRIKAND - AGRA - PETHA

IMPORTANT CONCEPT UNDER GI ACT: REGD. PROPRIETOR S. 2(1) (n) PRODUCER S2(1)(k) AUTHORISED USER (s. 17) COLLECTIVE REFERENCE RULE 32(1)(5) WHO CAN APPLY (SECTION 11) RIGHTS CONFERRED BY REGISTRATI ON GI GENERIC ADDITIONAL PROTECTION TO NOTIFIED GOODS HOMONYGENOUS GI

TEN STEP GUIDE FOR REGISTRATION 1.

2.

3.

4.

5.

6.

7.

8.

9.

10. FILING OF APPLICATION PRELIMINARY SCRUTINY CONSTITUTION OF CONSULTATIVE GROUP OF EXPERTS EXAMINAT ION SHOW CAUSE NOTICE PUBLICATON IN GI JOURNAL OPPOSITION REGISTRATION APPEAL RENEWAL

KEY REQUIREMENT FOR REGISTRAT ION : 1) DEFINITE AREA 2) DEFINE SPECIFICAITON 3) ADMINISTRATIVE BODY 4) INSPECTION STRUCTURE

INDIAN SCENARIO LOCATION OF ADDRESS GEOGRAPHICAL INDICATION REGISTRY GUNA COMPLEX, ANNEXE, 1, 1ST FLOOR, 443 ANNA SALAI, TEYNAMPET CHENNAI-600 018 TEL. NO. 044-24314293/94/95/96 FAX. NO. 044-24314297

THE ROAD AHEAD GI VIS-A-VIS INDIAN HANDICRAFT TEXTILE (As GI) - MANIPURI WOMAN LUNGI - REVERSIBLE BORDER CALLED BUGDI - BENGAL SARI - PAITHANI SARI - CHANDERI SARI - PATOLA SARI - PASHMINA SHAWL

HAND PAINTED FABRICS (AS GI) INDIA VERY RICH IN DECORATED CLOTHINGS ETHOS & SENTIMENT - NATHDWARA TEMPLE - KALAMKARI CLOTH AT KALHASTI TEMPLE AP - BENGAL CLOTH PAINTING- PATIDARS - BANDHANI FABRIC - JAMNAGAR, ANJAR & BHUJ

HANDPRINTING - BARMER - TURBANS CALLED AJRAKH - CHITTOR GARH PAINT FABRICS CALLED JAJAMS - JAIPUR HANDPRINTS - JAISALMER HANDPRINT CALLED JARRIBHAT - GUJARAT 4 YARDS SARI CALLED LUGDAS - KUTCH SATIN CALLED GAJJ?

- FARRUKHABAD TREASURE TROVE CALLED BUTIS (DOT) - LUCKNOW CHIKAN EMBRIO DERY - ROGAN PRINTING OF MP - NANANA - SKIRTS OF BHIL TRIBAL WOMAN - CHUNRIS OF BIHAR - PHULKARI FROM PUNJAB

EMBROIDERY

- HEER EMBROIDERY KATHI NOMADS OF GUJARAT - MIRROR INSET - ABHALA OF EMBROIDERY - SAURASHTRA EMB. CALLED MAHAJAN - BEAD WORK OF KUTCH - PICHHWAI EMB. OF RAJASTHAN (SHRINATHJI TEMPLE)

- KANTHA EMBROIDERY OF BENGAL - QUILTS OF BIHAR CALLED SUJNI - INCOMPARABLE NEEDLE WORK OF KASHMIR CALLED KASIDA - LARGE RUMALS OF HP CALLED CHAMBA EMB.

- METAL WIRE EMB. OF SURAT - ZARI EMB. AJMER - CROCHET LACE OF JAMNAGAR (VOHRA COMMUNITY)

CARPETS

- KALIN CARPET OF KASHMIR - JAIPUR CARPET - AGRA CARPET - MAURI CARPET OF AMRITSAR - PANIPAT & PALANPUR CARPET OF PUNJAB - GWALIOR CARPET - OBRA CARPET OF BIHAR - KALIMPONG - TIBETIAN CARPET - BHAWANI DURRIEES

- JOBAT & TIPGAON DURRIES OF MP - WARANGAL DHURRIES - MANI MAJRA DURREES - PANJA DHURREES - FLOOR COVERINGS OF NAMDAS AND GABBAS OF KASHMIR - COIR FIBRE OF KERALA

LEATHER WORKS

THICK SHOE CALLED MOJDIS IN RAJASTHAN - ORNAMENTED WITH SILK OR METAL EMB.

WITH LOCALLY CURED LEATHER PECULIAR WATER BOTTLE FROM BIKANER CALLED KOPI MADE FROM CAMEL HIDE

WOOD WORK

- INDIA HAS LUXURIANT RANGE OF WOOD WORKS - KASHMIR PRODUCES INFINITE VARIETY OF ALLURING WOODWORK - FURNITURE, TRAYS, PICTURE FRAME,CABINETS, LAMPS, TABLE TOPS ETC - CAMBA WOOD BOXES FROM HP TO STORE GRAINS - FINELY CARVED CHEST FROM ASSAM - SAHARANPUR - TOILET & TRINKET BOXES - MADURA FAMED FOR CARVINGS

-SANDLEWOOD & ROSEWOOD FROM KARANATAKA - WOODWORK OF HOSHIARPUR - FAMOUS SADELI OF GUJARAT - LARGE SIZED CHEST FROM BHAV NAGAR - ORAMENTAL WOOD CALLED LACQUERING FROM AMRITSAR & JULLNDUR

IVORY

- INDIA UNRIVALLED IN THIS CRAFT - JAIPUR FAMED FOR MANY IVORY OBJECT - MAHUVA IN BHAVNAGAR DIST. GUJARAT FAMOUS FOR IVORY STATUTE AND ROSEWATER SPRINKLER ETC

BASKET , BAMBOO AND CANE WORK - BENGAL BAMBOO USED FOR JEWELLERY BOX - ASSAM EXQUISITE WINDOWING FANS - TRIPURA FAMOUS BAMBOO SCREENS - CACHAR DISTRICT SPECIAL SITALPATI MATS - MASLOND MAT FROM MIDNAPORE DISTRICT MADE FROM SPECIAL GRASS - LONG PANTHI MAT (100 YARDS OR MORE) USED ON CERIMONIAL OCCASION FROM BENGAL

- FAMOUS LAKSHMI BASKET OF BENGAL - KASHMIR WILLOW BASKET - MANIPUR ALL PURPOSE BASKET CALLED CHEMBONG - FANCY BASKET FROM ALWAYE ERNAKULAM DIST. KERALA - BAMBOO CANES FROM BAREILLY - STYLISH HANDBAGS & TRAVEL KITS FROM PURNEA, BIHAR

HORNS , SHELLS ETC - VISHAKHAPATNAM, HONAVAR & BELGAUM, TRIVANDAPURAM, CUTTACK AND SARAI TARAN IN UP ALL WELLKNOWN CENTRE FOR HORN WORK - BENGAL CONCH SHELLS

TOYS & DOLLS INDIA HAS A GREAT TRADITION - DHABHANGA CLAY TOYS - PURI WOODEN TOYS - KONDAPALLI TOYS FROM AP - TIRUPATHI DOLLS - WOODEN TOYS OF RANCHI - LACQUERED TOYS OF CHENNA PATNA(KARNATAKA) - EDUCATION TOYS FROM MYSORE

GOKAK(BELGAUM DIST) ARTIFICIAL FRUITS & VEGETABLES - UDAIPUR TOYS - GWALIOR RAG DOLLS - TANJAVUR OSCILLATING TOYS - CHITRAKUT WOODEN TOYS - PANRUTI (CUDDALORE DIST) CLAY TOYS - GANJAM TOYS (ORISSA) - LEATHER TOYS FROM MP - BIHAR BRASS TOYS

FOLK PAINTINGS AN ESTABLISHED TRADITION OF RANGOLI & KOLAM IN INDIA MADE FROM RICE PASTE, WHEAT FLOUR AND VEGETABLE DYES - MADHUBANI PAINTINGS - WALL PAINTINGS OF PUNJAB & RAJASTHAN -FOLK PAINTING OF ORISSA CALLED PATA CHITRA - TANJORE PAINTINGS (KRISHNAS LIFE)

METAL WARES IN INDIA KONARK TEMPLE AND QUTUB MINAR ARE GREAT EXAMPLES OF USE OF THIS ART. MATERIALS USED IS BRASS, COPPER AND BELL METAL - KERALA HOME TO BELL METAL - MANIPUR BELL METAL - JAMNAGAR BELL METAL - GIRNAR TEMPLE HAS 240 KG. BELL METAL BANKURA & ASSANSOL FAMOUS FOR BRASS THALI, KITCHEN WARE - JODHPUR WATER CARRIER CALLED BADLA

- ICON-MAKING (BRONZE CASTING) REQUIRE SPECIAL SKILL FAMED IN TAMILNADU - CHOLA, PANDYAN, PALLAVA DYNASTY, TRADITION, CONTINUES, IN MADURAI, CHIDAMBARAM(NATRAJ) SWAMIMALAI)ETC - ARAMULA METAL MIRROR - MORADABAD BRASS WORK - BIDRI-WARE FROM HYDERABAD -ENAMELLING FROM PARATAPGARH - HUKKA BASED METAL ENGRAVING FROM KASHMIR - RAJASTHAN SILVER WARE LIKE SPICE BOXES, BASKETS AND ROSE WATER SPRINKLERS CALLED GULABPOSH - PERFUMED SILVER CONTAINER FROM KARIMNAGAR

JEWELLERY - INDIAN JEWELLERY IS OF TWO KINDS HEAVY SILVER AND LIGHT GOLD - KINNAUR - JUTTI - HAIR PENDENT (SILVER HAIR PIN) - LADAKH WOMAN HEAD JEWEL CALLED PERAK - GUJJAR WOMEN EARRINGS - JHUMKA, BRAGAR AND LATKAN - NOSE ORNAMENT BULAK FROM KINNAUR - PAINRE (OVAL SHAPED ANKLET FROM RAJASTHAN)

-LAUNG KASAUTI ANKET FROM MP - PHULGUNCHI GRIDLE FROM ORISSA - VARIETY OF ARMLET MADE OF SILVER FROM RAJASTHAN - JEWELLERY FROM KARIMNAGAR - LAC JEWELLERY FROM REVA AND INDORE -------- GLASS BANGLES FROM FEROZABAD

STONE WARE MIDNAPUR AGRA MARBLE WORK VRINDAVAN MARBLE BLACK STONE FROM BIHAR, GREEN STONE FROM MP(BELAGHAT) SANTHAL PARGANAS- GREENISH BLACK LOVELY GRAIN SOAP STONES FOLK STONE MAKING FROM SALEM PURI STONE FIGURES WHITE STONES FROM TEHRI GHARWAL HP STUNNING PAHARI CARVINGS FROM KANGRA DISTRICT

POTTERY AT GENEVA MUSEUM OF ETHNOLOGY IT IS STATED : “NOWHERE IN THE WORLD, THE PART PLAYED BY TRADITIONAL FOLK POTTERY IS GREATER THAN INDIA”. BEWILDERING VARIET Y OF POTTERY IN THE COUNTRY KULHAR BENGAL SURAI JAIPUR BLUE POTTERY KHARYA PITCHERS FORM UP GOA EARTHERN WARE

GLASS

FEROZABAD GLASSWARE SAHARANPUR LIQUID TOYS PANIPAT GLASS WARE- MADE FROM RED SANDSTONE, CARBONATE AND SALTPETRE RAJASTHAN BANGLES

THEATRE CRAFTS: INCLUDES PUPPETRY, MASK, HEADGEAR, VARIOUS MUSICAL INSTRUMENTS - AGELESS WONDER OF INDIA -LEATHER PUPPETS MADE FROM GOATS, DEER AND BUFFALOES SKIN- THOLU BOMALATTA OF AP FROM 200 BC - STRING PUPPETS KATHPUTLIS FROM RAJASTHAN - RAMLILA MASK MADE FROM GOLD ZARI IN CHITRAKUT

- MASK IN DANCE DRAMA- KRISHNATTAM KERALA, - MATHURA BIG CENTRE FOR THEATRE CRAFT - VARIETY OF HEADGEAR FROM MAHARASHTRA, RAJASTHAN AND SOUTH - COSTUMES INCLUDE MANIPURI SKIRTS CALLED RASLILA - VARIOUS MUSICAL ISNTRUMENTS MADE FROM DIFFERENT REGIONS OF THE COUNTRY LIKE SARANGI, VEENA, SITAR, TUMBURA, SAROD, SANTOOR, FLUTE, NAGASWARAM, DRUMS LIKE MRIDANGAMS, TABALA, DHOLAK, GATTAM AND CYMBALS LIKE JALLRA

HOW GI REGISTRATION HELP REG. PROPRIETOR?

- BOOST SALE OF GENUINE GI PRODUCT - REGISTRATION HELPS IN GETTING SPOT INJUNCTION AGAINST PIRAT E - HIGEHR DEMAND FOR REALGI PRODUCTS LEADS TO HIGHER SALE - CONTROL OVER INSPECTION STRUCTURE - DOMINATE THE RULES OF THE GAME (TRADE) - LAY DOWN BYE LAWS. EXCLUDE OR INLCUDE AREA OR VILLAGES (REGULATE TRADE IN THAT FIELD INDIRECTLY)

- OVER TIME THE ASSOCIATION WILL BECOME THE VOICE OF THAT GI - EXAMPLE OF MANGO, BIKANER, BHUJIA- DEVELOP CORPORATE VISION LANDLORDS , NGO’S, MPs, INDUST RIALISTS, STATUTORY BODIES WILL TAKE INITIATIVE

HOW REGISTRATION HELPS PRODUCERS WHO JOIN AS AUTHORISED USER?

- CAN USE EXPRESSION RGI - INDICATES PRODUCT IS GENUINE - HIGHER PRICE AND MORE PROFIT - IT IS INTEREST OF ALL PRODUCERS TO JOIN AS AUTHORISED USER

PROMOTES COTTAGE INDUSTRY HELP IN GETTING CREDIT AND BANK LOAN - ASSIGNMENT OF AUTHORISED USER CERTIFICATE - QUALITY REGULATED BY INSPECTION STRUCTURE

HOW GI APPLICATION PROCESSING IS HELPFUL TO LEGAL PRACTITIONERS - BRINGS TOGETHER PRODUCERS, PROMOTE ASSOCIATION OF PERSONS TO FILE APPLICATION DRAFTING OF SPECIFICATION (QUALI TY) - TENDERING AFFIDAVIT ( FEE FOR SECURING REGISTRATION)

ASSISTING SUBSEQUENT PRODUCERS TO JOINING AS AUTHORISED USER - (THOUSANDS AND MILLIONS) - TAKING CIVIL AND CRIMINAL ACTION FOR INFRINGEMENT - PREPARE LEGAL DRAFT FOR INSPECTION STRUCTURE - COMMUNITY SERVICE- LEADS TO EMPOWERMENT OF PRODUCERS RECOGNISATION BY STATE.

BROAD CONCLUSIONS - GI PROTECTS A PRODUCTS REPUTATION, AN ASSOCIATED EXPRESSION AND AN EMBEDDED KNOWLEDGE - DIFFICULTIES LIES IN DOCUMENTATION PREMIUM PRICE BASED ON CONSUMER CONFIDENCE AS TO ORIGINALITY OR PERCEIVED AUTHENTICITY OR SOME SPECIAL PHYSICAL ATTRIBUTES

WITH GI PROTECTION FOR THOUSAND OF INDIAN PRODUCT THE COUNTRY CAN BECOME INVINCIBLE AND BE BREADBASKET FOR THE GLOBE.

- WITHOUT PROPER GI PROTECTION PRODUCERS BECOME VULNERABLE - WITHIN A GENERATION SLEEPING GIANT CALLED INDIA WILL CHANGE FACE OF GLOBAL POWER POLITICS - IN FOR HEADY, EXHILARATING AND EXICITING TIMES.

WE ARE MOVING TOWARDS A BORDERLESS WORLD - THE REFORM PROCESS HAS IMPACTED WHAT PREVIOUSLY WAS A HIGHLY OVER-REGULATED CLOSED ECONOMY.

- GI CAN SERVE AS WEALTH CREATOR FIRST WITHIN THE SUB-CONTINENT AND LATER GLOBALLY.

GI STARTED AS AN INSTRUMENT TO PROTECT WINES AND SPIRIT - BUT WE SHOULD USE THIS INSTRUMENT TO PROMOTE INDIAN GI PRODUCT - MY MESSAGE - OUR COUNTRY SHOULD BE TORCHBEARER FOR PROMOTING REGIONAL GI GLOBALLY.

RIGHT CONFERRED BY REGISTRATION - TO REGISTERED PROPRIETOR - TO AUTHORISED USER

WE ARE MOVING TOWARDS A BORDERLESS WORLD - THE REFORM PROCESS HAS IMPACTED WHAT PREVIOUSLY WAS A HIGHLY OVER-REGULATED CLOSED ECONOMY.

- GI CAN SERVE AS WEALTH CREATOR FIRST WITHIN THE SUB-CONTINENT AND LATER GLOBALLY.

IF OPPOSITION IS ALLOWED APPLICATION IS REFUSED OPPOSITION SCHEMATIC DIAGRAM TO PROCESS A G.I. APPLICATION Filing of an application

Preliminary scrutiny

such as forms, size of documents, signature, address, class applied for, clarity of GI label, translation and translitaration , power of attorney etc Data entry, scanning, codification Refer technical details to consultative Group of Experts Issuance of Examination Report Show Cause Stage Publication in the GI Journal- 4 months waiting period IF OPPOSITION IS DISMISSED, APPLICATION TO PROCEED TO REGISTRATION IF NO OPPOSITION ISSUANCE OF REGISTRATION CERTIFICATE EFFECT OF REGISTRATION IT IS PRIMA FACIE PROOF OF THE OWNERSHIP OF THE GI.

AND ITS VALIDITY THEREOF AND IS ADMISSIBLE IN ALL COURTS IN INDIA WITHOUT FURTHER PROOF OR PRODUCTION OF THE ORIGINAL APPEAL IN EITHER CASE TO INTELLECTUAL PROPERTY APPELLATE BOARD

RIGHTS CONFERED BY REGISTRATION

1. TO THE PRODUCERS ENTERED IN PART B (AUTHORISED USER). THE EXCLSUIVE RIGHT TO THE USE OF THE REGISTERED GI 2. TO BOTH THE PRODUCERS AND THE REGISTERED PROPRIETOR THE RIGHT TO OBTAIN RELIEF IN RESPECT OF INFRINGEMENT OF THE gi IN THE MANNER PROVIDED BY THE ACT.