By Arnav Sharma
Intellectual Property (IP) are the creations of the mind which may include inventions, literary and artistic works, symbols, designs, names and images used in commerce. They are usually intangible in nature. Intellectual property rights (IPR) are the legal rights given to either an organization or even individuals. These legal rights are given so that the respective organizations or individuals have control over their creations and benefit from their use.
One of the types of IP is Geographical Indications (GIs). Articles 1(2) and 10 of the Paris Convention for the Protection of Industrial Property cover Grographical Indications as an element of Intellectual Property Rights (IPRs). The same is also done under articles 22 to 24 of the Trade Related Aspects of intellectual property Rights (TRIPS) Agreement, which was a part of the agreements concluding the Uruguay Round of GATT negotiations.
Geographical Indications are the signs which are used on products which have a specific geographical origin and also possess qualities, reputation or characteristics which are inherent to that specific location.
Geographical Indications are very important with respect to the integrity of the Intellectual Property of the Manufacturers and Producers as they help to differentiate their unique products from the generic goods available in the market which in turn adds to the value of the product. GIs also protect the unique regional heritage of the products manufactured in specific locations.
The Geographical Indications of Goods (Registration and Protection) Act was passed by the Parliament in December 1999 and came into force with effect from 15th September 2003. This act seeks to provide for the registration and protection of Geographical Indications relating to Goods in India and is administered by the Controller general of Patents, Designs and Trade Marks. This article aims to outline the detailed procedure which is required for obtaining Geographical Indications protection in India.
The steps required to obtain Geographical Indications protection in India are mentioned below –
Filing an Application
Preliminary Scrutiny
Examination
Show cause notice
Publication in the Geographical Indications Journal
Opposition to Registration
Registration
Renewal
Additional protection to notified goods
Appeal
Post-Registration
Steps required to obtain GI Protection in India
Filing an Application
The process of obtaining Geographical Indications protection in India begins with filing an application for GI registration. First it has to be checked whether the indication comes within the ambit of the definition of a GI under section 2(1) (e). Only the people who are eligible can apply for the same. The eligible entities include any association of persons, producers, organizations or authority established by law. These eligible entities are to represent the interest of producers of the concerned goods and should file and affidavit how the applicant claims to represent their interest. The application has to be submitted to the Registrar of Geographical Indications at the Geographical Indications Registry in Chennai. The application is to be signed by either the applicant or his agent and must be accompanied by a statement of case.
Applicant’s name, address and nationality should be mentioned clearly. In case of a large number of producers, a collective reference to all the producers of the goods may be made in the application and the Geographical Indication.
The name of the Geographical Indication for which registration is sought.
Description of the goods and the geographical area of production should be mentioned along with the details of the special characteristics of the goods and with how those special standards are maintained. The specifics of the unique characteristics or qualities which distinguish the goods from the generic goods should also be provided.
A proof of origin of the goods through historical records and documentation should be provided.
The class of goods and particulars of the appearance of the Geographical Indication should be contained in the application.
Along with the application, three certified copies of the map of the region to which the Geographical Indication relates should be provided and a statemen on how the Geographical Indication designates the goods as originating from the specified territory.
Details should be provided on how the Geographical Indication is used on the goods. An affidavit by the applicant must be submitted about the information provided.
After the Registrar receives the application, he conducts a preliminary scrutiny to ensure the completeness of the application. In case of any deficiencies, the applicant is notified and given an opportunity to rectify them. The applicant has a period of one month from the date of communication in this regard to correct any mistakes.
The content of statement of case is then examined in detail by a group of experts who are well versed on the subject. This is done to ensure that the application meets the Geographical Indications Act and Rules criteria and to ascertain the correctness of the particulars furnished. This process may involve the applicant to provide additional information or clarification. Thereafter, an Examination Report would be issued.
At this point if the Registrar finds any issue with he application, he shall communicate any such issue to the applicant. The applicant then has a period of 2 months from the date of communication of the issue to respond or he can apply for a hearing. After the honorable court has given its verdict, the applicant had an option to request for an appeal for which he has a time period of one month from the date of the initial verdict. If the application continues to have errors, the Registrar is empowered to withdraw the application after giving an opportunity of being heard.
If the application, at this point, is free from any errors and passes the examination, it is to be published in the Geographical Indications Journal within three months of acceptance of such application. Due to this publication, the public and stakeholders are informed which enables transparency of operations and the opportunity for opposition.
Any person is eligible to file an opposition to the Geographical Indications application. This can be done by filing a notice of opposition within a time period of three months from the date of publication. This time is extendable by another month on request which is to be filed before three months. If an application is opposed, the applicant and the opponent are required to present their cases and submit evidence and are then heard by the Registrar.
The Registrar shall serve a copy of the notice of opposition to the applicant. After the applicant receives the notice of opposition, within two months he has to send a copy of his counter statement. If the applicant fails to do this, his application will be abandoned. If the applicant files the counter statement within the stipulated time frame, the Registrar shall serve a copy of the counter statement to the person giving the notice of opposition. Both the parties are then required to present their respective evidences by the way of affidavit and other supporting documents. A date for hearing of the case is then fixed.
If the application did not face any oppositions or if the opposition is resolved in favour of the applicant, the Registrar shall register the geographical indication. If the application is registered, the date on which the application was filed shall be deemed to be the date of registration. The registrar then issued the certificate of registration with the seal of Geographical Indications registry to the applicant. This certificate formally grants Geographical Indication status to the goods.
A registered Geographical Indication is considered to be valid or upto a period of 10 years and can be renewed indefinitely for 10 year periods. The renewal of a Geographical Indication requires a payment of the prescribed renewal fee. The renewal of a Geographical Indication ensures the continued protection of the goods.
Additional Protection to Notified goods
A few types of goods have additional protection. The provision for such special notified goods is provided in the Act.
Any person who is aggrieved by an order or any decision of the Registrar may appeal to the intellectual property appellate board (IPAB) within a period of three months from thed ate of registration.
The Geographical Indication must be used properly and the registered owner or any authorized user must take precautions against its misuse. The reputation and integrity of a registered Geographical Indication are safeguarded against unauthorized use by the threat of legal action which includes fines and penalties.
In India, a comprehensive and strict process needs to be undertaken for the purpose of getting Geographical Indication protection. This ensures that only authentic goods originating from specific regions receive this status. Producers can protect the heritage and uniqueness of their products, increase marketability and prevent misuse by getting GI protection. This helps preserve the traditional knowledge and culture that is only found in those places, coupled with the added benefits to the producers.
—Arnav Sharma is a second-year law student of OP Jindal Global University
The post appeared first on .
Intellectual Property (IP) are the creations of the mind which may include inventions, literary and artistic works, symbols, designs, names and images used in commerce. They are usually intangible in nature. Intellectual property rights (IPR) are the legal rights given to either an organization or even individuals. These legal rights are given so that the respective organizations or individuals have control over their creations and benefit from their use.
One of the types of IP is Geographical Indications (GIs). Articles 1(2) and 10 of the Paris Convention for the Protection of Industrial Property cover Grographical Indications as an element of Intellectual Property Rights (IPRs). The same is also done under articles 22 to 24 of the Trade Related Aspects of intellectual property Rights (TRIPS) Agreement, which was a part of the agreements concluding the Uruguay Round of GATT negotiations.
Geographical Indications are the signs which are used on products which have a specific geographical origin and also possess qualities, reputation or characteristics which are inherent to that specific location.
Geographical Indications are very important with respect to the integrity of the Intellectual Property of the Manufacturers and Producers as they help to differentiate their unique products from the generic goods available in the market which in turn adds to the value of the product. GIs also protect the unique regional heritage of the products manufactured in specific locations.
The Geographical Indications of Goods (Registration and Protection) Act was passed by the Parliament in December 1999 and came into force with effect from 15th September 2003. This act seeks to provide for the registration and protection of Geographical Indications relating to Goods in India and is administered by the Controller general of Patents, Designs and Trade Marks. This article aims to outline the detailed procedure which is required for obtaining Geographical Indications protection in India.
The steps required to obtain Geographical Indications protection in India are mentioned below –
Filing an Application
Preliminary Scrutiny
Examination
Show cause notice
Publication in the Geographical Indications Journal
Opposition to Registration
Registration
Renewal
Additional protection to notified goods
Appeal
Post-Registration
Steps required to obtain GI Protection in India
Filing an Application
The process of obtaining Geographical Indications protection in India begins with filing an application for GI registration. First it has to be checked whether the indication comes within the ambit of the definition of a GI under section 2(1) (e). Only the people who are eligible can apply for the same. The eligible entities include any association of persons, producers, organizations or authority established by law. These eligible entities are to represent the interest of producers of the concerned goods and should file and affidavit how the applicant claims to represent their interest. The application has to be submitted to the Registrar of Geographical Indications at the Geographical Indications Registry in Chennai. The application is to be signed by either the applicant or his agent and must be accompanied by a statement of case.
Contents of the application
Applicant’s name, address and nationality should be mentioned clearly. In case of a large number of producers, a collective reference to all the producers of the goods may be made in the application and the Geographical Indication.
The name of the Geographical Indication for which registration is sought.
Description of the goods and the geographical area of production should be mentioned along with the details of the special characteristics of the goods and with how those special standards are maintained. The specifics of the unique characteristics or qualities which distinguish the goods from the generic goods should also be provided.
A proof of origin of the goods through historical records and documentation should be provided.
The class of goods and particulars of the appearance of the Geographical Indication should be contained in the application.
Along with the application, three certified copies of the map of the region to which the Geographical Indication relates should be provided and a statemen on how the Geographical Indication designates the goods as originating from the specified territory.
Details should be provided on how the Geographical Indication is used on the goods. An affidavit by the applicant must be submitted about the information provided.
Preliminary scrutiny
After the Registrar receives the application, he conducts a preliminary scrutiny to ensure the completeness of the application. In case of any deficiencies, the applicant is notified and given an opportunity to rectify them. The applicant has a period of one month from the date of communication in this regard to correct any mistakes.
Examination
The content of statement of case is then examined in detail by a group of experts who are well versed on the subject. This is done to ensure that the application meets the Geographical Indications Act and Rules criteria and to ascertain the correctness of the particulars furnished. This process may involve the applicant to provide additional information or clarification. Thereafter, an Examination Report would be issued.
Show-cause notice
At this point if the Registrar finds any issue with he application, he shall communicate any such issue to the applicant. The applicant then has a period of 2 months from the date of communication of the issue to respond or he can apply for a hearing. After the honorable court has given its verdict, the applicant had an option to request for an appeal for which he has a time period of one month from the date of the initial verdict. If the application continues to have errors, the Registrar is empowered to withdraw the application after giving an opportunity of being heard.
Publication in the Geographical Indications Journal
If the application, at this point, is free from any errors and passes the examination, it is to be published in the Geographical Indications Journal within three months of acceptance of such application. Due to this publication, the public and stakeholders are informed which enables transparency of operations and the opportunity for opposition.
Opposition to Registration
Any person is eligible to file an opposition to the Geographical Indications application. This can be done by filing a notice of opposition within a time period of three months from the date of publication. This time is extendable by another month on request which is to be filed before three months. If an application is opposed, the applicant and the opponent are required to present their cases and submit evidence and are then heard by the Registrar.
The Registrar shall serve a copy of the notice of opposition to the applicant. After the applicant receives the notice of opposition, within two months he has to send a copy of his counter statement. If the applicant fails to do this, his application will be abandoned. If the applicant files the counter statement within the stipulated time frame, the Registrar shall serve a copy of the counter statement to the person giving the notice of opposition. Both the parties are then required to present their respective evidences by the way of affidavit and other supporting documents. A date for hearing of the case is then fixed.
Registration
If the application did not face any oppositions or if the opposition is resolved in favour of the applicant, the Registrar shall register the geographical indication. If the application is registered, the date on which the application was filed shall be deemed to be the date of registration. The registrar then issued the certificate of registration with the seal of Geographical Indications registry to the applicant. This certificate formally grants Geographical Indication status to the goods.
Renewal
A registered Geographical Indication is considered to be valid or upto a period of 10 years and can be renewed indefinitely for 10 year periods. The renewal of a Geographical Indication requires a payment of the prescribed renewal fee. The renewal of a Geographical Indication ensures the continued protection of the goods.
Additional Protection to Notified goods
A few types of goods have additional protection. The provision for such special notified goods is provided in the Act.
Appeal
Any person who is aggrieved by an order or any decision of the Registrar may appeal to the intellectual property appellate board (IPAB) within a period of three months from thed ate of registration.
Post-registration
The Geographical Indication must be used properly and the registered owner or any authorized user must take precautions against its misuse. The reputation and integrity of a registered Geographical Indication are safeguarded against unauthorized use by the threat of legal action which includes fines and penalties.
In India, a comprehensive and strict process needs to be undertaken for the purpose of getting Geographical Indication protection. This ensures that only authentic goods originating from specific regions receive this status. Producers can protect the heritage and uniqueness of their products, increase marketability and prevent misuse by getting GI protection. This helps preserve the traditional knowledge and culture that is only found in those places, coupled with the added benefits to the producers.
—Arnav Sharma is a second-year law student of OP Jindal Global University
The post appeared first on .