Geographical Indications Of Goods PRESENTED BY:

DALIP RAI, 500902009

INTRODUCTION

Geographical indications are today considered major intellectual assets in relation to a variety of goods. Geographical indications are also a global issue, regulated in international law by the WTO and attracting increasing attention world-wide. Geographical Indications is an emerging field of Intellectual property. Every region has its claim to fame and it has to be protected.

Classification of IPR
Industrial Property

IPR
Copyright
Music Literature Sound Recording

Patents
Trademarks Industrial Design Geographical Indications

Broadcasting Dramatics Works

Works of Art
Computer Programs

Classification of IPR

Copyright and rights related to copyright: i.e. rights granted to authors of literary and artistic works, and the rights of performers, producers of phonograms and broadcasting organizations. The main purpose of protection of copyright and related rights is to encourage and reward creative work. Industrial property: This includes (1) the protection of distinctive signs such as trademarks and geographical indications, and (2) industrial property protected primarily to stimulate innovation, design and the creation of technology. In this category inventions (protected by patents), industrial designs and trade secrets are included.

Introduction

Under article 1 & 10 of the Paris convention of trade marks (1883) for protection of Industrial property, GI are covered as element of IPR. Also under article 22,23,24 of TRIPS Agreement these have been covered. India being a member of WTO enacted the GI of Goods (Registration & Protection) Act 1999.

History of GI PROTECTION

In France : rule named as Appelation dorigine controllee Act of 1958 It issues official certification of origin & standard of product. E.g. tequila (spirits), Jaffa (oranges) and Bordeaux ( wines)

GI PROTECTION

Registrar : Controller General of Patents, Designs and Trade Marks (CGPDTM) Period of holding GI Registration :10 year Difference b/w GI and other IPR : It is a publicaly owned right and other IPRs are private monopoly rights

..contd

Application (hard file + soft file)

Part A
Part B particulars related to registration of authorized users are filed in this

Particulars related to registration of GI are filed in this

Geographical Indications An Indian Perspective

What is a Geographical Indication?

It is an indication It originates from a definite geographical territory. It is used to identify agricultural, natural or manufactured goods The manufactured goods should be produced or processed or prepared in that territory. It should have a special quality or reputation or other characteristics

According to the legislations broad definition, a geographical indication in relation to goods means

definition
an indication which identifies such 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 and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

India has put in place a sui generis system of protection for GI with enactment of a law exclusively dealing with protection of GIs. Came into force in India on 15th sept 1999. In year 2002, certain rules were further added to the Act under GI of Goods (Registration & Protection) Act 2002. Under this act GI is an IPR which identifies a good as originating in a certain region where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin.

The definition of GI included in Section 1(3) (e) of the Indian GI Act60 clarifies that for the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as a GI if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be. This provision enables the providing protection to symbols other than geographical names, such as Basmati.

Indian Geographical Indications

Kolhapuri Chappals

Kanjeevaram Sarees

SANGANERI HAND BLOCK PRINTED TEXTILES

BHADOHI CARPET

Bhavani Jamakkalam

Darjeeling Tea

Other Examples of Indian GIs

Basmati Rice Darjeeling Tea Kanchipuram Silk Saree Alphanso Mango Nagpur Orange Kolhapuri Chappal Bikaneri Bhujia Agra Petha Goa Feni

The need

Confers legal protection to geographical indications in

India.

Prevents unauthorized use of a Registered

Geographical Indication by others .

Such protection helps the consumers from deception and adds economic prosperity of such goods

Who can apply for the registration of a GI ?

Any association of persons, producers, organization or authority established by or under the law can apply. The applicant must represent the interest of the producers The application should be in writing in the prescribed form The application should be addressed to the Registrar of Geographical Indications alongwith prescribed fee.

Is a registration of a GI compulsory and how does it help the applicant?

Registration is not compulsory Registration affords better legal protection to facilitate an action for infringement The registered proprietor and authorised users can initiate infringement actions The authorised users can exercise the exclusive right to use the geographical indication.

Validity Period of GI

The registration of a geographical indication is valid for a period of 10 years. It can be renewed from time to time for further period of 10 years each. If a registered geographical indication is not renewed it is liable to be removed from the register.

When is a registered GI said to be infringed?

When an unauthorized user uses a geographical indication that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which mislead the public as to the geographical origin of such goods. When the use of geographical indication result in an unfair competition including passing off in respect of registered geographical indication. When the use of another geographical indication results in false representation to the public that goods originate in a territory in respect of which a registered geographical indication relates.

REGISTRATION PROCESS IN INDIA

Procedure for attaining GI Protection

Step 1 : completely filled application + prescribed fee filed to registrar; comprising :

Statement Class

of goods Geographical map Particulars regarding apppearance of GI Particulars of procedures of concerned goods

contd

Step 2 : application completed in all respects filed to regional registry office Step 3 : application analysed by registrar & amendments made (if required) Step 4: application advertised & oppositions are invited Step 5 : counter statement is asked by registrar from applicant

.contd

Step 6 : oppositions settled & necessary modifications done (if required) Step 7 : the application meanwhile moves to centre government for publication; applicant gets its right to GI Protection

Offences & penalties

On violation of the Act : Imprisonment : NLT 3 months & NMT 3 years Fine : NLT Rs. 50,000 and may extend to 2 lac rupees

Apply to:

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

DARJEELING TEA a Geographical Indication

Introduction
Darjeeling a district of West Bengal, India. Since about 1835, tea has been cultivated, grown and produced in the State. The tea produced in this region has a distinctive quality and flavor. It has long been known to the trade and the public in India and abroad as Darjeeling Tea. It has acquired domestic and international reputation.

Present Scenario

86 running gardens producing Darjeeling Tea on a total area of 19,000 hectares. Total production - 10 to 11 million kilograms annually. 52 thousand people working on a permanent basis 15,000 persons are engaged during the plucking season which lasts from March to November. Work force consists of 60 percent women.

Tea Board of India

All teas produced in the tea growing areas of India are administered by the Tea Board of India under the Tea Act, 1953. It is not involved in the manufacture of any product. Its functions are to regulate the production and cultivation of Indian tea to improve the quality of Indian tea to improve the marketing of Indian tea within India and abroad

 At a legal level, Tea Board is the owner of all intellectual property rights in the DARJEELING word and logo both in common law and under the provisions of the following statutes in India: (i) The Trade Marks Act 1999: DARJEELING word and logo are registered certification marks of Tea Board;

(ii)The Geographical Indications of Goods (Registration and Protection) Act, 1999: DARJEELING word and logo were the first Geographical Indications to be registered in India in the name of the Tea Board:
(iii) The Copyright Act, 1957: The DARJEELING logo is copyright protected and registered as an artistic work with the Copyright Office.

Darjeeling Tea Logo

Darjeeling Tea Logo

The said DARJEELING logo has been extensively used by all producers, packeteers and exporters of Darjeeling tea, under license and authority of the Tea Board. The Tea Board will license persons who wish to use the Certification Marks ("authorized users") if it is satisfied that those persons will only use the Marks in relation to tea conforming to appropriate standards and coming from the Darjeeling area.

Steps taken in order to protect Darjeeling tea under TRIPS

In 1998, World Wide Watch agency CompuMark was appointed to monitor conflicting marks. Instances of attempted registration were found, some of which were challenged through opposition and cancellations and sometimes negotiations. Of the 15 instances, 5 have been successfully concluded in countries such as Japan, Srilanka, Russia etc. 6 oppositions were unsuccessful and 4 are still pending decision Use by BULGARI, Switzerland of the legend Darjeeling Tea fragrance for men agreed to be withdrawn pursuant to legal notice and negotiations. The Indian Geographical Indication of Goods (Registration & Protection) Act 1999 is a specific Act covering the registration and protection of Geographical Indications. After the Act came into force on 15th Sept.03, the Tea Board has filed an application for registration of Darjeeling tea as a GI.

Steps taken in order to protect Darjeeling tea under TRIPS

The Tea Board of India started working hard on necessary steps in 1997. Already in 1986 the Darjeeling logo was created and registered in U.K., U.S.A., Canada, Japan, Egypt and under Madrid, covering eight countries. The Tea Board has obtained home protection by registering a Darjeeling

logo and also the word Darjeeling as a Certification Trade Mark under the
Indian Trade and Merchandise Marks Act, 1958.