CHAPTER
- 8
AUTHORISED
USER REGISTRATION
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08.01 |
The
concept of Authorised User in the Indian GI law system is very unique. A
Registered Geographical Indications being a community Intellectual Property
and the Registered Proprietor being an Organisation or Authority, the system
of Registration of Authorised User offers protection to the individual
producers, manufacturers and traders. This system ensures the bonafide of a
GI product dealt with or produced by a genuine person and further ensures the
protection to the consumers. Authorised
Users gets the exclusive right to use the Registered Geographical Indication
and can independently sue an infringer. The Authorised User can also renew or
restore a registered Geographical Indications, if the Registered Proprietor
fails to renew the same. He further gets the right to be impleaded in any
rectification proceedings against a Registered Geographical Indication or
Appellate Board. It
is imperative that every producer / dealer / manufacturer/ trader/ exporter
to register as an Authorised User for their respective Registered GI for
better protection, increase market value and brand promotion of GI. |
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08.02 |
GI Authorised User
Application 1. Any person, who produces, makes, manufacturers,
trades, packages or dealing with a Registered Geographical Indications can
apply for Registration as an authorised user of that GI. 2.
An application for registration
of Authorised User shall be made in triplicate in Form GI-3 (A) alongwith
required fee. The Application shall be jointly made by the registered
proprietor and the proposed authorised user. A consent letter from the
Registered Proprietor clearly recommending the Application can also be
enclosed.
3.
It shall be accompanied by a
Statement of Case as to how the Applicant claims to be the Producer and shall
be in the form of an affidavit. The Statement may be supported by documents
such as Artisans Card issued by Central or State Government, Purchase
Agreement from a Producer / Manufacturer of GI.
4.
When a consent letter as
required from the Registered Proprietor is not enclosed with the Application,
the Applicant shall endorse a copy of Application to the Registered
Proprietor and the proof of service of the same should be provided to the
Registrar. The Registrar may in addition seek consent of the Registered Proprietor
before proceeding further on the matter. In case Registered Proprietor
objects for the Registration of the Application the Registrar may communicate
the objection to the Applicant through the Examination Report.
5.
The
Application will be examined and if found to be in order the same will be
published in the ensuing Geographical Indications Journal.
6. Any person may file an opposition against
Registration of Authorised User within four months of publication of the
Application in the GI Journal. 7. The Opposition will be dealt with in the same manner
as in the case of a Geographical Indication Application as explained in Chapter - 5. |
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08.03 |
1. If no notice of opposition is filed within the four months of publication of the Journal or when the Opposition has been dismissed and the appeal period of three months is over, the Application shall be registered and entered in the Part – B of the GI Register. 2. If any condition has been imposed in the Part –A of the Register the same shall be entered in Part-B of the Register. 3. The Applicant may make a request in Form –GI -3 (B) alongwith the required fee, for issuance of Registration Certificate and such certificate shall be issued within Fifteen days of receipt of such request. |