Every
region has its claim to fame. Christopher Columbus sailed from Europe to chart out a new
route to capture the wealth of rich Indian spices. English breeders imported Arabian
horses to sire Derby winners. China silk,
Dhaka muslin,Venetian Glass all were much sought after treasures. Each reputation was
carefully built up and painstakingly maintained by the
masters of that region, combining the best of Nature and Man, traditionally handed
over from one generation to the next for centuries. Gradually,
a specific link between the goods and place of production evolved resulting in growth of
geographical indications.
In
December 1999, the Parliament had passed the Geographical Indications of Goods
(Registration and Protection) Act,1999. This
Act seeks to provide for the registration and better protection of geographical
indications relating to goods in India. The Act would be administered by the Controller
General of Patents, Designs and Trade Marks- who is the Registrar of Geographical
Indications. The Geographical
Indications Registry would be located at Chennai.
X
It
is an indication
X
It
originates from a definite geographical territory.
X
It
is used to identify agricultural, natural or manufactured goods
X
The
manufactured goods should be produced or processed or prepared in that territory.
X
It
should have a special quality or reputation or other characteristics
X
Darjeeling
Tea
X
Kanchipuram
Silk Saree
X
Alphanso
Mango
X
Nagpur
Orange
X
Kolhapuri
Chappal
X
Bikaneri
Bhujia
X
Agra
Petha
3. What
is the benefit of registration of geographical indications?
Y It
confers legal protection to Geographical Indications in India
Y Prevents
unauthorised use of a Registered Geographical Indication by others
Y It
provides legal protection to Indian Geographical Indications which in turn boost exports.
Y It
promotes economic prosperity of producers of goods produced in a geographical territory.
4. Who
can apply for the registration of a geographical indication?
X Any association of persons, producers,
organisation or authority established by or under the law can apply:
X The applicant must represent the interest of the producers
X The application should be in writing in the
prescribed form
X The application should be addressed to the
Registrar of Geographical Indications alongwith prescribed fee.
5. Who
is a registered proprietor of a geographical indication?
X
Any
association of persons, producers,organisation or authority established by or under the
law can be a registered proprietor.
X
Their
name should be entered in the Register of Geographical Indication as registered proprietor
for the Geographical Indication applied for.
6. Who is an authorised user?
X A producer of goods can apply for registration
as an authorised user
X It must be in respect of a registered
geographical indication
X He should apply in writing in the prescribed
form alongwith prescribed fee
7. Who
is a producer in relation to a Geographical Indication?
The
persons dealing with three categories of goods are covered under the term Producer:
X Agricultural Goods includes
the production, processing, trading or dealing
X Natural Goods includes
exploiting, trading or dealing
X Handicrafts or Industrial
goods includes making, manufacturing, trading or dealing.
8. Is
a registration of a geographical indication compulsory and how does it help the applicant?
X Registration is not
compulsory
X Registration affords better
legal protection to facilitate an action for
infringement
X The registered proprietor and authorised users
can initiate infringement actions
X The authorised users can exercise the
exclusive right to use the geographical indication.
9. Who
can use the registered geographical indication?
X An authorised user has the exclusive rights to
the use of geographical indication in relation to goods in respect of which it is
registered.
10. How
long the registration of Geographical Indication is valid?
X
The
registration of a geographical indication is valid for a period of 10 years.
11. Can a Geographical
Indication be renewed?
X
It
can be renewed from time to time for further period of 10 years each.
12. What is the effect if a
Geographical Indication if it is not renewed?
X If a registered geographical indication is not
renewed it is liable to be removed from the register.
13. When
is a registered Geographical Indication said to be infringed?
X When an unauthorised 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.
X When the use of geographical indication result
in an unfair competition including passing off in respect of registered geographical
indication.
X 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.
14. Who
can initiate an infringement action?
X The registered proprietor or authorised users
of a registered geographical indication can initiate an infringement action.
15. Can
a registered geographical indication be assigned, transmitted, etc?
X
No. A geographical indication is a public property
belonging to the producers of the concerned goods.
X
It
shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage
or such other agreement
X
However,
when an authorised user dies, his right devolves on his successor in title.
16. Can a registered geographical indication or a registered authorised user be removed from
the register?
Yes. The Appellate Board or the Registrar of
Geographical Indications has the power to remove the geographical indication or an
authorised user from the register. Further,
on application by an aggrieved person action can be taken.
17. How
a geographical indication is different from a trade mark?
X
A
trade mark is a sign which is used in the
course of trade and it distinguishes goods or services of one enterprise from those of
other enterprises.
X
Whereas
a geographical indication is an indication used to identify goods having special
characteristics originating from a definite geographical territory.