13 October 2023 IPR and Cyber Laws

Lecture Notes : 8

Lecture Notes - 8 13 October 2023

B.Tech. (CSE) / (CSE AI) 7th Semester – Odd Semester 2023
IPR and Cyber Laws (BTCSE 703 / BTCSE AI 703)
Topics
1. Introduction to Geographical Indication (GI).
2. Geographical Indication in India.
3. Geographical Indication of Goods (Registration
and Protection) Act, 1999.
4. Summery of Geographical Indication law of India.
5. GI Registration Process Flowchart.
6. The Registration Process (Important Steps).
7. Duration of Protection.
8. Infringement of Geographical Indication.
9. International Laws and Treaties related to GI.
Faculty :
Dr. Siddhartha Sankar Biswas
Department of Computer Science & Engineering
School of Engineering Sciences and Technology
1
Jamia Hamdard, New Delhi, INDIA

Geographical Indication in India

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Certificate
Of
Registration
Granted to
“Odisha Rasagola”

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Certificate
Of
Registration
Granted to
“Kashmir Saffron”

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Introduction to Geographical Indication (GI)

 A geographical indication (GI) is a sign used on products that have a
specific geographical origin and possess qualities or a reputation that
are due to that origin.

 In order to function as a GI, a sign must identify a product as originating

in a given place.

 In addition, the qualities, characteristics or reputation of the product

should be essentially due to the place of origin.

 Since the qualities depend on the geographical place of production,

there is a clear link between the product and its original place of
production.

 Typically, a GI 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.

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Geographical Indication in India

GIs have been used in India for a wide variety of products, such
as Basmati Rice, Darjeeling Tea, Kangra Tea, Feni, Alphonso
Mango, Alleppey Green Cardamom, Coorg Cardamom,
Kanchipuram Silk Saree, Kohlapuri Chappal, Rasgulla etc.

By registering a geographical indication in India, the rights

holder can prevent unauthorized use of the registered
geographical indication by others by initiating infringement
action by way of a civil suit or criminal complaint.

Registration of the GIs in India is not mandatory as an

unregistered GI can also be enforced by initiating an action of
passing off against the infringer.

It is, however, advisable to register the GI as the certificate of

registration is prima facie evidence of its validity and no further
proof of the same is required.
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Geographical Indication of Goods (Registration and Protection) Act, 1999

(Law of Geographical Indication in India)
“geographical indication”, in relation to goods, means

an indication which identifies such goods as agricultural goods, natural

goods or manufactured goods

as originating, or manufactured in the territory of a 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.

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Summery of Geographical Indication law of India

 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

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GI Registration Process

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The Registration Process (Important Steps)

Step 1 : Filing of application

 The proposed Geographical Indication comes within the ambit of the definition
of a under section 2(1)(e) of Geographical Indication of Goods (Registration
and Protection) Act, 1999.

 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.

 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.

 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.

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Step 2 and 3: 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.

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Step 4 : Show cause notice (may be issued)

 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.

Step 5 : Publication in the geographical indications Journal

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

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Step 6 : Opposition to Registration (if any)

 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 counter
statement.

 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.

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Step 7 : 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.

Step 8 : Renewal
 A registered GI shall be valid for 10 years and can be renewed on
payment of renewal fee.

Step 9 : Additional protection to notified goods

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

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Step 10 : 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 (IPAB)
Annexe 1 , 2nd Floor Guna Complex , 443 Anna Salai
Chennai, Tamil Nadu - 600 018

Duration of Protection
 A Geographical Indication is registered for a period of 10 years.

 Subsequently the registration may be renewed from time to time for a

period of 10 years at a time.

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Infringement of Geographical Indication

A person who is not a registered proprietor or authorized user of

the GI is considered to have done infringement, if that person
uses such a sign on the goods or suggests that such goods
originate in another geographic area, which confuses someone
other than the actual place of goods public.

Article 22 (4) of the TRIPS Agreement states that the

preservation of the geographical Indication of a trademark must
be enforced even if the G.I. “is truly true as to the area, region, or
locality in which the goods are in another territory” is generated .

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International Laws and Treaties related to GI

A number of international treaties deal partly or entirely with the
protection of geographical indications.

Some of the most important treaties are mention below :

1. Paris Convention for the Protection of Industrial Property.

2. Madrid Agreement for the Repression of False or Deceptive

Indications of Source on Goods.

3. Lisbon Agreement for the Protection of Appellations of Origin and

their International Registration.

4. Madrid Agreement of Marks.

5. The Trade Related Aspects of Intellectual Property Rights (TRIPS)

Agreement (Articles 22 to 24).

Good Luck
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