A geographical indication is a sign which is used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. Geographical Indication is primarily granted to agricultural, natural, manufactured, handicraft originating from a definite geographical territory. 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.
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It confers legal protection to Geographical Indications in India Prevents unauthorised use of a Registered Geographical Indication by others It provides legal protection to Indian Geographical Indications which in turn boost exports. It promotes economic prosperity of producers of goods produced in a geographical territory.
Any association of persons, producers, organization or authority established by or under the law can apply: The applicant must represent the interest of the producers The application should be in writing in the prescribed form The application should be addressed to the Registrar of Geographical Indications along with prescribed fee.
Any association of persons, producers, organization or authority established by or under the law can be a registered proprietor. Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for.
A producer of goods can apply for registration as an authorized user It must be in respect of a registered geographical indication He should apply in writing in the prescribed form along with prescribed fee
The persons dealing with three categories of goods are covered under the term Producer: Agricultural Goods includes the production, processing, trading or dealing Natural Goods includes exploiting, trading or dealing Handicrafts or Industrial goods includes making, manufacturing, trading or dealing. Is a registration of a geographical indication compulsory and how does it help the applicant?
Registration affords better legal protection to facilitate an action for infringement The registered proprietor and authorised users can initiate infringement actions The authorised users can exercise the exclusive right to use the geographical indication.
An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered.
The registration of a geographical indication is valid for a period of 10 years
It can be renewed from time to time for further period of 10 years each.
If a registered geographical indication is not renewed it is liable to be removed from the register.
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. When the use of geographical indication result in an unfair competition including passing off in respect of registered geographical indication. 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.
The registered proprietor or authorized users of a registered geographical indication can initiate an infringement action.
No. A geographical indication is a public property belonging to the producers of the concerned goods. It shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement However, when an authorized user dies, his right devolves on his successor in title.
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. Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.
