GEOGRAPHICAL INDICATION

I am going to tell
you about
geographical
indication.
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
GEOGRAPHICAL INDICATION

Lets look at
some
examples.
 GEOGRAPHICAL INDICATION
Examples of Indian Geographical Indications.

Basmati Rice
Darjeeling Tea
Kanchipuram Silk Saree
Alphanso Mango
Nagpur Orange
Kolhapuri Chappal
Bikaneri Bhujia
Agra Petha
GEOGRAPHICAL INDICATION
Examples of Indian Geographical Indications.
KOLHAPURI
CHAPPAL
GEOGRAPHICAL INDICATION
Examples of Indian Geographical Indications.
DARJEELING
TEA
GEOGRAPHICAL INDICATION
Examples of Indian Geographical Indications.
NAGPUR
ORANGE
GEOGRAPHICAL INDICATION

Examples of Indian Geographical Indications.

AGRA
PETHA
GEOGRAPHICAL INDICATION
 LEGAL BENFITS

&

 SOCIO-ECONOMIC BENEFITS
 LEGAL BENFITS

It confers legal protection to

Geographical Indications in India.
Prevents unauthorized use of a
Registered Geographical Indication by
others.
It provides legal protection to Indian
Geographical Indications which in turn
boost exports.
 SOCIO-ECONOMIC BENEFITS

 It promotes economic prosperity of producers of goods

produced in a geographical territory.
GEOGRAPHICAL INDICATION
GEOGRAPHICAL INDICATION

ACTS & AGREEMENTS WHICH

IMPLEMENTED IT(INTERNATIONALLY):-
The Paris Convention for the Protection of Industrial
Property of 1883.
The Lisbon Agreement for the Protection of Appellations
of Origin and Their International Registration.
Articles 22 to 24 of the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS) deal with
the international protection of geographical indications
within the framework of the World Trade Organization
(WTO).
 GEOGRAPHICAL INDICATION

In Our country laws to protect GI are

Geographical Indications of
Goods(Registration & Protection)Act,1999
&
Geographical Indications of Goods
(Registration and Protection) Rules,2002
GEOGRAPHICAL INDICATION
Some facts about registration-
Registration is not compulsory
 Valid for a period of 10 years
 Can be renewed continuously for
further period of 10 years at each
subsequent renewals
 If not renewed it is liable to be
removed from the register
 Can not be assigned, transmitted,
licensed, pledged, mortgaged
GEOGRAPHICAL INDICATION

 Registration of GIs in India

 Steps involved in evaluating a GI
application
 Procedure to file the application for GI:

 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.
 The statement has to show 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.
 Three certified copies of map of the region to which
the GI relates.

Contd..
 Procedure to file the application for GI:

Details of the special human skills involved or

uniqueness of the geographical environment or
the inherent characteristics to which the
application relates.
Details of the inspection structure if any to
regulate the use of the GI in the territory to which
it relates.
 Registration Form
THE GEOGRAPHICAL INDICATIONS OF GOODS
(REGISTRATION AND PROTECTION) ACT, 1999
( To be filled in triplicate alongwith the Statement of Case accompanied by five additional
representation of the Geographical indication)
One representation to be fixed within the space and five others to be send separately
FORM GI-1

A Application for the registration of a geographical indication in

Part A of the Register
Section 11 (1), Rule 23(2)

Lets look at form Fee: Rs.5,000 ( See entry No.1A of the First Schedule)

for registration of
GI.
1. Application is hereby made by for the registration in Part A of the Register of the
accompanying geographical indication furnishing the following particulars : -
- Name of the Applicant :
- Address :
- List of association of persons/producers/organization/authority:
- Type of goods:
- Specification:
- Name of the geographical indication [and particulars]
- Description of the goods :
- Geographical area of production and map :
- Proof of origin [Historical records] :
- Method of Production :
- Uniqueness :
- Inspection Body :
- Other:
Along with the Statement of Case in Classb ….. b……… in respect of c…….. in the name(s) ofd
…… whose address is ……. Who claims to represent the interest of the producers of the said
goods to which the geographical indication relates and which is in continuous use since in respect
of the said goods.
2. The Application shall include such other particulars called for in rule 32(1) in the Statement of
Case.
3. All communications relating to this application may be sent to the following address in India.
4. In the case of an application from a convention country the following additional particulars
shall also be furnished.
(a) Designation of the country of origin of the Geographical Indication.
(b) Evidence as to the existing protection of the Geographical Indication in its country of origin,
such as the title and the date of the relevant legislative or administrative provisions, the judicial
decisions or the date and number of the registration, and copies. of such documentation.
e
SIGNATURE
NAME OF THE SIGNATORY
 Steps involved in evaluating a GI
application

Step 1: Scrutinizes the application for any deficiencies

and, if any found, communicates the same to the
applicant
Step 2:Appoint a consultative group of experts well
versed on the subject to ascertain the correctness of
the claims made
Step 3:application is published in the Journal of
Geographical Indications
Step 4:If no opposition is received, then the same is
registered after expiry of four months from the date of
publication
 Steps involved

Filing an Appeal to
application IPAB
Examinatio Opportunity refuse
n objections
for hearing d
Acceptance

Advertised in
the GI journal
Allowed or Appeal to
Opposition if any IPAB
refused

Entered in
Acceptance of GI Particulars of regd GI
the GI
register entered in part A of
Particulars of regd registration
Registration authorized user entered
certificate issued in part B of registration
GEOGRAPHICAL INDICATION

AUTHORISED USER

An authorized user is a person who is a producer of

the (registered) geographical indication and
registered with the Geographical Indications
Registry.
 Registration Form

Lets look at
form for
authorized user.
THE GEOGRAPHICAL INDICATIONS OF GOODS
(REGISTRATION AND PROTECTION) ACT, 1999
FORM GI-3
Application for the registration of an authorized user
A Section 17(1), Rule 56(1)
Fee: Rs.500 [ See entry No.3(A) of the First Schedule]
( To be filed in triplicate accompanied by the agreement, if any, between the registered proprietor and the
proposed authorized user or duly authenticated copy thereof, and other documents mentioned in rule 56 along
with an affidavit setting forth particulars and statements required by rule 56 and with two copies of each of the
aforesaid documents)

Application is hereby made by 1 ………… who is (are ) the registered proprietor(s) of the geographical indication
…… registered in class ………….. in respect of goods ………….. and …………… being the proposed authorized
user in Part B of the Register of the above mentioned registered geographical indication. A statement of case of those
the applicant claims to be producer is enclosed herewith. A copy of consent letter from the Registered Proprietor is
enclosed / not enclosed.
All communications relating to this application may be sent to the following address in India :-
Dated this ……………. day of …………. 20……
2
SIGNATURE
GEOGRAPHICAL INDICATION

Lets look at one interesting case of

RE-EXAMINATION OF US PATENT ON
BASMATI
 GEOGRAPHICAL INDICATION
Rice Tec Inc. had applied for registration of a
mark "TEXMATI" before the UK Trade Mark
Registry. (Well supported by U.S. Patent
5,663,484)
In the wake of this controversy, the
Government of India with the help of ICAR &
CSIR scientists filed request for re-
examination of this patent.
It forced Ricetec to withdraw its claims .Thus
the threat of infringement by the export of
Basmati grains to US has been averted.
THANKS