GEOGRAPHICAL

INDICATIONS

VINOD RAJ.K

I M.PHARM

REGULATORY

AFFAIRS GROUP

JSSCP

MYSURU.

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FACILITATED BY :

Dr.BALAMURALIDHARA.V

ASST PROFESSOR

DEPT. OF PHARMACEUTICS

REGULATORY AFFAIRS

GROUP.

GEOGRAPHICAL INDICATIONS-DEFINITION

•It is an indication.

•It originates from a definite geographical territory.

• it is used to identify goods having special characteristics

originating from a definite geographical territory

•It is used to identify agricultural, natural or manufactured

goods.

•The manufactured goods should be produced or processed

or prepared in that territory.

•It should have a special quality or reputation or other

characteristics. 2

BENEFITS OF GIs

•It confers legal protection.

•Prevents unauthorized use of a

Registered Geographical Indication by

others.

•It promotes economic prosperity of

producers of goods produced in a

geographical territory.

•Boosts the export. 3

•.

Contd….

•Can serve as source-identifiers for consumers.Helps the producers develop consumer loyalty.

•Plays a role in consumer decisions, includingwillingness to pay a higher price for regionallybranded food products.

•For example, geographic location is animportant component of wine pricing.

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EXAMPLES OF GIsINDIA

•Basmati rice

•Mysore silk

•Mysore sandalwood oil

•Mysore sandal soap

•Mysore jasmine

•Coorg orange

•Madhubani paintings

•Darjeeling tea

•Dharwad pedha

•Alphonso mango

•Tirupathi laddu

•Kolhapuri chappal

•Nanjangud banana

WORLD

•Canadian whisky

•Swiss watches

•Florida oranges

•Champagne

•Tequilla.

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Who can apply for the registration of a

geographical indication?

• 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 applicant should be in writing in the prescribed

form

• The applicant should be addressed to the Registrar of

Geographical Indications along with prescribed fee

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IMPACT OF GIs ON DEVELOPING

COUNTRIES

•Encourages rural development.

•Facilitates market access.

•Saves local natural resources .

•Plays an important role in the

preservation of cultural identity.

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MYSORE ROSEWOOD INLAY

Is the registration of a Geographic Indication

compulsory and how does it help the applicant

• Registration is not compulsory

• Registration affords better legal protection to

facilitate an action for infringement

• The registered proprietor and authorized users

can initiate infringement actions.

• The authorized user can exercise the

exclusive right to use the Geographical

Indication

•The registration of a geographical indication is

valid for a period of 10 years and renewed from time

to time8

Why GI is to be protected ?

•Denote quality and origin of products

•Good reputation for the product

•Preventing the product from generic products

•Protecting the domestic market from competitors

9MYSORE JASMINE

CHANNAPATNA TOYS

How are GIs protected?

•In accordance with international treaties and national laws

under a wide range of concepts:

•special laws for the protection of geographical

indications or appellations of origin

•trademark laws in the form of collective marks or

certification marks

•laws against unfair competition

•consumer protection laws, or

•specific laws or decrees that recognize individual

geographical indications.10

GI in India

•The Central Government of India has established the Ge

ographical Indications Registry with all India

jurisdiction in chennai

•The GI Act is being administered by the Controller Gen

eral of Patents, Designs and Trade Marks ‐ who is

the Registrar of Geographical Indications

• India, as a member of the World Trade

Organization(WTO), enacted the Geographical Indications

of Goods (Registration and Protection) Act, 1999 has

come into force with effect from 15 September 2003

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CONDITIONS TO GET GI TAG

•It relates to a goods, although in some countries,

services are also included;

•These goods/services must originate from a defined

area;

•The goods/services must have qualities, reputations or

other characteristics which are clearly linked to the

geographical origin of goods

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NECESSITY OF GI

•Geographical indications allows producers to

obtain market recognition and often a premium

price

•Geographical indications have become a key

source of niche marketing

• Geographical indications are also often

associated with non-monetary benefits such as

the protection of knowledge and community

rights.

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organization

•One of the 17 specialized

agencies of the United

Nations created in 1967

•Currently has 185 member

states and is headquartered

in Geneva, Switzerland

• To promote the protection of

intellectual property throughout

the world.14

Agreement on Trade-Related Aspects

of Intellectual Property Rights (1994)

• Two basic obligations on WTO

member governments relating to

GIs in the TRIPS agreement

• Article 22: Prevent misleading

the public as to the geographical

origin of the good.

• Article 23: prevent the use of a

geographical indication

identifying wines not originating

in the place. 15

Challenges

•Low brand value

•Lack of awareness of rules &

regulations.

•rampant misuse of Indian GI

•Immigration of labors.

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Why are geographical indications

valuable?

•GIs are a marketing tool

•Reputation for quality associated with place name used

on labels, advertising

•GI-identified products are believed to command higher

prices

•Of particular interest to developing countries

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Controversies

•Consumer vs. producer interests

•Long-time, generic use of expressions that havegeographic origins (parmesan)

•Differing national treatment of Gis

-weaker: (Canada, US) “Canadian Champagne;”“American-made Pecorino cheese”

-stronger: (EU) GI use reserved to producers in theregion, even if other origin is indicated

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Geographical indications and

trademarks

• GIs are closely related to

trademarks; both indicate product

origin

• GIs and trademarks differ in two ways:

1. A trademark belongs to a particular

company; it distinguishes that

company’s products. GIs are shared by

all producers in the region identified by

the GI.

2. Gis are attached to a location;but

trademarks don’t19

ECONOMIC AND SOCIAL BENEFITS OF GI

• Higher retail price and better distribution of

economic returns for primary producers

• Capitalize on consumers’ desire for authentic,

quality products - 1999 consumer survey -40%

of EU consumers ready to pay premium price

for origin-guaranteed products

• Production of growth: increase production

output and land value

• Legal protection creates opportunities for

investment in a product and region

• Rural development and sustainability: provide

the right owners with the opportunity to get

economic benefits from their geographical

indication and with the right to exclude

non-entitled users

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The Registration Process

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STEP 1 : Filing of application

first check whether the indication

comes within the ambit of the definition of

a Gl under section 2(1)(e).The association of persons or producers

or any organization or authority should

represent the interest of producers of the

concerned goods and should file an

affidavit how the applicant claims to

represent their interest.

Application must be made in triplicate.

•The application shall be signed by the

applicant or his agent and must be

accompanied by a statement of case.

Details of the special characteristics and

how those standards are maintained.

STEP 2 and 3: Preliminary scrutiny and

examination

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The Examiner will scrutinize the

application for any deficiencies.

The applicant should within one month of

the communication in this regard, remedy

the same

STEP 4: Show cause notice

If the Registrar has any objection to the

application, he will communicate such

objection.

The applicant must respond within two

months or apply for a hearing.

STEP 5: Publication in the

geographical indications Journal

Every application, within three moths of

acceptance shall be published in the

Geographical Indications Journal.

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STEP 6: Opposition to Registration

Any person can file a notice of opposition within three months

(extendable by another month on request which has to be filed

before three months) opposing the GI application published in

the Journal.

The registrar shall serve a copy of the notice on the applicant.

STEP 7: Registration

Where an application for a GI has been accepted, the

registrar shall register the geographical indication. If

registered the date of filing of the application shall be

deemed to be the date of registration.

The registrar shall issue to the applicant a certificate with

the seal of the Geographical indications registry.

STEP 8: Renewal

A registered GI shall be valid for 10 years

and can be renewed on payment of

renewal fee.

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A case Study of the Basmati Rice

(India-US Basmati Rice Dispute): The Geographical Indication

Perspective.

•In the late 1997, when an American company RiceTec Inc

was granted a patent by the US patent office to call the

aromatic rice grown outside India "Basmati", India objected

to it

As India has been one of the major exporters of

Basmati to several countries and such a grant by the US

patent office was likely to affect its trade.

Since Basmati rice is traditionally grown in India and Pakistan, it was

opined that granting patent to RiceTec violated the Geographical

Indications Act under the TRIPS agreement.

Eventually, a request for re-examination of this patent was filed

on April 28, 2000. Soon after filling the re-examination request,

Rice Tec chose to withdraw its claims.

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Biopiracy Case Study 2: turmericIn March 1995, two expatriate Indians at the

University of Mississippi Medical Centre were

granted a US patent for turmeric to be used to heal

wounds

The Indian Council for Scientific and

Industrial Research (CSIR) filed a case with the

US Patent Office challenging the patent on the

grounds of "prior art" i.e already existing

public knowledge.

CSIR argued that turmeric has been used for

thousands of years for healing wounds and

rashes and therefore its medicinal use was not a

novel invention.

The claim had to be backed by written

documentation claiming traditional wisdom

or knowledge.The CSIR went so far as to present an ancient

Sanskrit text and a paper published in 1953 in

the Journal of the Indian Medical Association.

•The US Patent Office upheld the objection and

cancelled the patent

• It also cancelled several other patent

applications pending for turmeric.

•The turmeric case was a landmark judgment

case as it was for the first time that a patent

based on the traditional knowledge of a

developing country was successfully

challenged.

.

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THANK YOU