Geographical Indications of Goods
A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.
Geographical indication identifies goods such as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory.
The main requirement of a good to be protected with a GI tag is that the given quality, reputation or other characteristic of such goods has to be essentially attributable to its geographical origin and in case where such goods are manufactured goods, one of the activities of either the production or of processing or preparation of the goods concerned should be taking place in such a territory, region or locality.
In India Geographical Indications is governed by the Geographical Indications of Goods (Registration & Protection) Act, 1999. The main use of a Geographical Indication is that it acts as an indication that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its Geographical origin.
Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs. They are also covered under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations. India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 has come into force with effect from 15th September 2003.
GI Registration, Advisory & Litigation Services
Our firm provides comprehensive services in various aspects of geographical indication. We assist our clients in registration and in renewal of geographical indications as well as conducting search and due diligence services. We also draft various documents such as purchase, sale and license agreement, etc. We also represent our clients in various litigation matters in various courts.
• Counseling clients of Geographical Indication issues
• Legal research on Geographical Indication
• Registration and renewal services
• Searches, Market Survey and conducting Due Diligence
• Drafting of Law suits and other pleadings concerning these areas
• Drafting various agreements and contracts
• Filing and Prosecution
• Opposition and cancellation proceedings
PROCEDURE FOR APPLICATION FOR GEOGRAPHICAL INDICATION
The process begins with filing a formal application with the GI Registry. It includes product details, origin proof, and associated characteristics.
The registry examines the application for compliance with legal and procedural requirements. Deficiencies, if any, are communicated to the applicant.
If objections are raised, a show cause notice is issued. The applicant must justify the claim for registration through written or oral submissions.
If accepted, the application is published in the GI Journal. This allows the public to view and raise any objections within a prescribed period.
Any third party may file an opposition against the registration. The applicant can respond, and the matter is adjudicated by the Registrar.
If no opposition is filed, or it is resolved in favor of the applicant, the GI is registered. A certificate of registration is then issued.
GIs must be renewed periodically to maintain protection. Renewal ensures continued legal enforcement of GI rights.
