WHAT ARE GEOGRAPHICAL INDICATIONS

Geographical Indications of Goods are defined as that aspect of industrial property which refer to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product. Typically, such a name conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country.  Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs. They are also covered under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations.

India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 has come into force with effect from 15th September 2003.

PROCESS FOR REGISTRATION OF GEOGRAPHICAL INDICATIONS 

1. Application

• One needs to check whether the indication comes within the ambit of the definition of a Geographical Indication (GI) under section 2(1)(e).
• The association of persons or producers or any organization or authority should represent the interest of producers of the concerned goods and should file an affidavit how the applicant claims to represent their interest.
• Application must be made in triplicate.
• The application shall be signed by the applicant or his agent and must be accompanied by a statement of case.
• Details of the special characteristics and how those standards are maintained.
• Three certified copies of the map of the region to which the GI relates.
• Details of the inspection structure if any to regulate the use of the GI in the territory to which it relates.
• One need to give details of all the applicant together with address. If there is a large number of producers a collective reference to all the producers of the goods may be made in the application and the G.I., if registered will be indicated accordingly in the register.
• The application is to be sent to the following address in India:

Geographical Indications Registry
Intellectual Property Office Building
Industrial Estate, G.S.T Road,
Guindy, Chennai – 600 032
Ph: 044 – 22502091-93 & 98, Fx : 044 – 22502090
E-mail: gir-ipo@nic.in|Website : ipindia.gov.in

• The applicant must have an address for service in India. Generally, application can be filed by (1) a legal practitioner (2) a registered agent.

2. Preliminary Scrutiny And Examination 

• The Examiner will scrutinize the application for any deficiencies.
• The applicant should within one month of the communication in this regard, remedy the same.
• The content of statement of case is assessed by a consultative group of experts will versed on the subject.
• The will ascertain the correctness of particulars furnished.
• Thereafter an Examination Report would be issued.

3. Show Cause Notice 

• If the Registrar has any objection to the application, he will communicate such objection.
• The applicant must respond within two months or apply for a hearing.
• The decision will be duly communicated. If the applicant wishes to appeal, he may within one month make a request.
• The Registrar is also empowered to withdraw an application, if it is accepted in error, after giving on opportunity of being heard.

4. Publication In The Geographical Indications Journal 

• Every application, within three months of acceptance shall be published in the Geographical Indications Journal.

5. Opposition To Registration 

• Any person can file a notice of opposition within three months (extendable by another month on request which has to be filed before three months) opposing the GI application published in the Journal.
• The registrar shall serve a copy of the notice on the applicant.
• Within two months the applicant shall sent a copy of the counterstatement.
• If he does not do this be shall be deemed to have abandoned his application. Where the counter-statement has been filed, the registrar shall serve a copy on the person giving the notice of opposition.
• Thereafter, both sides will lead their respective evidences by way of affidavit and supporting documents.
• A date for hearing of the case will be fixed thereafter.

6. Registration 

• Where an application for a GI has been accepted, the registrar shall register the geographical indication. If registered the date of filing of the application shall be deemed to be the date of registration.
• The registrar shall issue to the applicant a certificate with the seal of the Geographical indications registry.

7. Renewal

• A registered GI shall be valid for 10 years and can be renewed on payment of renewal fee.

8. Additional protection to notified goods  

• Additional protection for notified goods is provided in the Act.

9. Appeal 

• Any person aggrieved by an order or decision may prefer an appeal to the intellectual property appellate board (IPAB) within three months. The address of the IPAB is as follows:

Intellectual Property Appellate Board
Annexe 1, 2 nd Floor, Guna Complex,
443, Anna Salai, Chennai – 600 018

WHAT INDICATIONS ARE NOT REGISTRABLE

For registrability, the indications must fall within the scope of section 2(1)e of GI Act, 1999. Being so, it has to also satisfy the provisions of section 9, which prohibits registration of a Geographical Indication:

• the use of which would be likely to deceive or cause confusion; or
• the use of which would be contrary to any law for the time being in force; or
• which comprises or contains scandalous or obscene matter; or
• which comprises or contains any matter likely to hurt the time being in force; religious susceptibilities of any class or section of the citizens of India; or
• which would otherwise be disentitled to protection in a court; or
• 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; or
• which although literally true as to the territory region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality as the case may be.

Explanation 1

Section 9 says that for the purposes of this section, “generic names of indications” in relation to goods which although relates to the place of the region where the goods was originally produced or manufactured, has lost its original meaning and has become the common name of such goods and serves as a designation for an indication of the kind, nature, type of other property or characteristic of the goods.

Explanation 2

Section 9 further says that “in determining whether the name has become generic, account shall be taken of all factors including the existing situation in the region or place in which the name originates and the area of consumption of the goods.”

ADDITIONAL PROTECTION TO CERTAIN GOODS  

An application may be made to the registrar in respect of goods notified by the central Government for additional protection for a registered geographical indication in Form GI-9 accompanied in triplicate along with a statement of case and shall be accompanied with the copy of the notification issued.

The application shall be made jointly by the registered proprietor of the Geographical indications in India and by all the producers of the Geographical indication.

AFFIDAVITS

The Affidavits required by the Act and the rules to be filed at the Geographical indications Registry or furnished to the Registrar, unless otherwise provided in the matter or matters to which they relate, paragraphs consecutively numbered, and each paragraph shall as far as practicable be confined to one subject. Every affidavit shall state the description and the true place of abode of the person filing it and shall state on whose behalf it is filed.

Affidavits shall be taken-

• In India-before any court or person having by law authority to receive evidence, or before any officer empowered by such court as aforesaid to administer oaths or to take affidavit,
• in any country or place outside India before a diplomatic or consular Officers (Oaths and Fee) Act, 1948, or such country or place, or before a notary public or before a judge or magistrate of the country or place.

Where the deponent is illiterate blind or unacquainted with the language in which the affidavit is written a certificate by the person taking the affidavit that the affidavit has read translated or explained in his presence to the deponent made his signature or mark in his presence shall appear in the jurat.

Every affidavit filed before the Registrar in connection with any of the proceedings under the Act or the rules shall be duly stamped under the law for the time being in force.

INSPECTION OF DOCUMENTS BY THE PUBLIC

• The documents mentioned in sub-section (1) of section 78 shall be available for inspection at the Head Office of the Geographical indications registry.
• A copy of the register and such of the other documents mentioned in section 78, as the Central Government may by inspection at each branch office of the Geographical Indications Registry as and when established.
• The inspection shall be at payment of the prescribed free and at such times on all the days on which the offices of the Geographical Indications Registry are not closed to the public as may be fixed by the registrar.
• Distribution of copies of journal and other documents. The Central Government may direct the Registrar to distribute the necessary to such places as may be fixed by the Central Government in consultation with the State Government and notified form time to time in the Official Gazette.

You may click on this link http://ipindia.nic.in/girindia/ to know more about GI in India.