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INDICATION |
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GI
FAQ
Meaning
A Geographical Indication is a marker that helps one to understand
how agricultural, natural or manufactured goods originate from
a particular geographical territory with a unique quality that
makes it stand out. It also gives an idea about its other characteristics.
It is mandatory that the finished products must be produced or
processed or prepared in that territory itself. Geographical Indications
covers what is known as Appellation of Origin. An Appellation
of Origin is a kind of Geographical Indication used on products
that have a particular quality that is exclusively or essentially
due to the geographical environment in which they are produced.
Illustrations
One can get a clear picture of Geographical Indications (GIs) by
referring to some of the world famous GIs (Indian examples) like
the Basmati Rice, Kanchipuram Silk, Darjeeling Tea, Alphonso Mango,
Nagpur Orange, Kolhapuri Chappal and Bikaneri Bhujia. The most renowned
GIs include the Scotch Whiskey, Chinese Silk and the Venetian glass.
IDAHO for potatoes, WASHINGTON STATE for apples and FLORIDA for
oranges are some of the Geographical Indications of the United States
of America.
Significance
of GI’s in Modern Economies
There are innumerable reasons that inadvertently voices out the
need for the protection of GI’s. In contemporary free trade
economies, GIs have significant economic value, as the buyers are
ready to pay high prices for the products with a particular quality.
It is important to protect the consumers from spurious products
and producers from unhealthy competition. Apart from the commercial
aspect, the GIs also protect the national heritage of a country
by associating a product world wide with that country. As the quality
of product is not only due to the climate and topography but also
to the awareness of the producers of that region, the GIs are also
important tools for protecting the rich reservoirs of the traditional
expertise of the producers.
Distinction
between Geographical Indications and Trademark
Geographical Indications have been protected unser the Trademark
law in many countries. Even though both the GIs and Trademark are
source identifiers, there are several differences between the two.
Whereas Trademark identifies the products with the manufacturer,
the GI links the products with the place of production or origin.
Another important difference is that the GIs are community rights
whereas the trademark is an individual right. As far as use is concerned,
the Trademark can be assigned as well as licensed, whereas the Geographical
Indication cannot be assigned, transmitted or licensed.
Geographical Indications Registration System in India
Protection
of Geographical Indications in India is governed by the legislation
namely The Geographical Indications of Goods (Registration &
Protection) Act, 1999, which seeks to provide for registration and
better protection of geographical indications relating to goods
in India. This Act also provides for setting up a Geographical Indications
Registry for the purposes of registration of GIs in India.
Who
Is Entitled To Apply for GI?
Any association of persons, producers, organization or authority
established by or under the law can apply for registration of GIs.
The applicant must represent the interest of the producers. Producers
are persons dealing with the following three categories of goods:
-
Agricultural Goods includes the production, processing, trading
or dealing
-
Natural Goods includes exploiting, trading trading or dealing;
and
-
Handicrafts or Industrial goods include making, manufacturing,
trading or dealing.
Geographical Indications Filing Requirements in India
Application for registration of a Geographical Indication in India
requires the following particulars:
-
The Details of the Applicant
a)
Name
b) Address
c) List of association of persons/producers/organization/authority.
d) Citizenship.
e) Legal status and country of incorporation.
- Specimen
of the Geographical Indication.
a)
Six (6) printed specimen of the geographical indication, if
the Mark is in Black and white.
b) Ten (10) printed specimen of the geographical indication,
if the GI is in Color
c) Where an application for registration of a geographical indication
consists of shape of goods or its packaging, the reproduction
furnished shall consist of at least three different views of
the geographical indication and a description by word of geographical
indication.
- Specification
of Goods or Services.
The total number of characters in the specification of goods
or services if exceeds 500, additional fee must be paid.
- User
The law requires the applicant to specify whether the geographical
indication is in use in India. If in use, then date of its use
has to be specified.
-
Priority details.
The following parameters are required to claim priority:
a) Priority application number
b) Priority country
c) Priority date
d) Certified priority document (may be submitted later within
2 months from the date of filing in India)
-
Power of Attorney
A Power of Attorney is required to be filed with the application
for registration, if it is being filed through an Agent. A Power
of Attorney needs to be stamped appropriately. It is also possible
to file the Power of Attorney subsequent to the filing of the
Application.
-
Geographical Indications Opposition Procedure:
Any person can oppose to the registration of geographical indication
by giving a notice in writing of opposition to the registrar
within a period of three months from the date of advertisement
of the application in the Journal.
a) Notice of Opposition
The Notice of Opposition has to be given in triplicate setting
out the grounds of opposition. Where notice is given with respect
to a single application, it shall bear the fee with respect
to each class of the application. Where opposition is made with
respect to a particular class for classes, the application shall
not proceed for registration unless the applicant makes request
for division of the application. In respect of the remaining
classes, the application shall proceed for registration
b) Verification of the Notice
Verification of the notice by the opponent is mandatory. The
opponent is required to state as to what is verified by his
knowledge and what is verified upon information received and
believed to be true. Such a verification shall be signed by
the opponent and shall also contain the date and place of verification.
c) Counterstatement
The registrar shall serve a copy of the notice to the applicant.
The applicant has to send a counter statement to the registrar
within two months from the date of receipt, stating the grounds
that he relies on for making the application. If the applicant
does not do so, he shall be deemed to have abandoned his application.
Like the notice of opposition, the counterstatement also has
to be made in triplicate and has to be verified by the applicant.
The Registrar shall serve a copy of the counterstatement to
the opponent within a period of two months from the date of
receipt of the counterstatement.
d) Evidence
Within a period of two months (extendible to three months) from
the date of receipt of the counterstatement, the opponent shall
submit the evidence in support of his application. Alternatively,
he can intimate the registrar in writing that he does not intend
to adduce any evidence but only desires to rely on the facts
alleged in the notice. The opponent is required to deliver the
copies of the evidence that he has submitted with the registrar
to the applicant. If the opponent does not do so, he shall be
deemed to have abandoned his notice. The applicant within the
period of two months (extendible to three) form the date of
the receipt of the affidavit of the opponent or the intimation
that he does not desire to adduce the evidence, shall adduce
the evidence in support of his application with the registrar
and also deliver the copies of the evidence to the opponent.
In case the applicant does not desire to adduce any evidence
but seeks to rely on the facts in the counterstatement, he shall
accordingly intimate the registrar as well as the opponent.
In case the applicant relies on any evidence already left by
him with the registrar, he shall deliver a copy of the same
with the opponent. Within one month (extendible to two) from
the date of receipt of the evidence of the applicant, the opponent
may submit further evidence strictly in reply to the matters
raised in the application and deliver the copies of it to the
applicant. Unless the registrar grants a leave, no further evidence
shall be left by either of the parties.
e) Hearing and decision
Ordinarily, within three months from the date of completion
of the evidence, the registrar shall give both the parties one-month
notice of hearing. Within 14 days from the date of the receipt
of the notice the party who intends to make an appearance shall
intimate to the registrar. The party that does not notify within
that period shall be considered as not desiring to be heard
and the registrar shall proceed ex-parte. Either of the parties
can make a request for not more than two adjournments for a
period of one month each by showing sufficient cause. But if
the applicant is not present at the adjourned date of hearing
of the application, the registrar shall treat the application
as dismissed. Similarly, if the opponent is not present on the
date of the hearing and has not notified his intention to appear
at the hearing, the opposition shall be deemed to have been
abandoned and the application shall proceed for registration.
After hearing the parties and considering the evidence the registrar
shall consider whether or subject to what limitations the registration
shall be granted. The registrar while considering the applicant
can also take into accounts the grounds that have not been agitated
by the opponent If the opponent after giving the notice and
the applicant after sending a counter statement does not reside
or carry business in India, the registrar may require such party
to give security for the cost of the proceedings being carried
on before him.
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