Prashanth Kumar Bhairappanavar

Examiner of Geographical Indications

Geographical Indications Registry, India

1. Concept of GI

2. Geographical Indications of Goods (Registration & Protection) Act, 1999

3. Main Features of Indian Act, special reference to Registration process & Definition of GI;

4. Conclusion

“The desire of mankind for quality and genuine premium products suchas silk, cotton, spices, wines having distinct characteristics originatingfrom a particular region, have over centuries created an impact onhuman civilization which has resulted in discovery of new sea routes andnew continents. These identifications became so important that theseregions started specializing in producing these unique products, whichled to identifying such goods as originating from a particular region,which over a period of time has become renowned globally.

Rising demand for such products among the consumers, gave rise for counterfeit products, which began to tarnish the image of genuine products. An effort to safeguard the interest of the producers and consumers led to evolution and conceptualization of “Geographical Indications”.

With the whole idea revolving around that, ‘A product originating from aparticular place with some unique quality or characteristic should not befalsely represented as originating from some other place.’

A Sui Generis Legislation

Consequent upon India joining as a member state of the TRIPS Agreement a sui –generis legislation for the protection of Geographical Indications was enacted in 1999.

Geographical Indications of Goods (Registration and Protection) Act, 1999. Was enacted in 1999, it came into force on September 15, 2003

Registration and protection of Geographical Indications in India is governed by this legislation in India.

GI Applications

Registered, 238, 44%

GI Applications Pending,

282, 52%

GI Applications Other

disposals, 23, 4%

Status-wise breakup of GI Applications received

Handicraft (including

Textiles), 257

Agricultural, 105

Manufactured, 148

Foodstuff, 27 Natural, 6

Goods wise breakup of GI Applications Received

257 105

148

276

151 61

18

71

Handicraft (including

Textiles)

Agricultural Manufactured Foodstuff Natural

Goods wise breakup of GI Applications

Goods wise breakup of GI Applications No GI Applications Registered

Goods wise breakup of GI Applications No GI Applications Received

Tamil Nadu, 55

Maharashtra , 42

Karnataka, 42

Uttar Pradesh, 34

Kerala, 31

Andhra Pradesh, 20

Odisha, 18

Gujarat, 18

West Bengal, 20

Himachal Pradesh, 12

Telangana, 14

Assam, 10

Rajasthan, 14

Madhya

Pradesh,

12

Jammu &

Kashmir, 7Manipur, 6

Nagaland, 7

Bihar, 8

Chhattisgarh, 5

Arunachal

Pradesh, 4 Goa, 4

Meghalaya, 4

Sikkim, 4

India, 4

Haryana, 2

Pondicherry, 2

Punjab

, 2

UttarKhand, 2Karnataka &

Maharashtra, 1 Mizoram, Jharkhand,

Tripura, 1

Statewise Break up of Indian GI Applications as on February 25, 2016

France, 36

Spain, 28

Italy, 25

Greece, 13

Germany, 11

Hungary, 3

Austria

, 2

Cyprus, 2

Czech Republic, 2

Finland

, 2

Ireland, 2

Poland, 2

Portugal, 2

Mexico, 1

Peru, 1

Thailand, 1

Sweden, 1

United

Kingdom, 1

United States of

America, 1

Break up of Filing of Foreign GI Applications - Country

wise

0

20

40

60

80

100

120

140

160

Year-wise breakup of GI Applications filed as on February 25, 2016

Total No. of Applications

Definition of GI

Registration Procedure

Concept of Authorised User

Higher level of Protection

Prohibition of assignment or transfer of GI

Same Protection for Foreign GI’s

An indication which identifies goods asagricultural, natural or manufactured.

Originating or manufactured in theterritory of a country or a region orlocality

Where a given quality, reputation orother characteristic of such goods isessentially attributable to itsGeographical origin.

- Section 2(i) (e) of G.I. Act 1999.

Agricultural

Natural

Goods of Handicrafts

Industry Manufactured goods

Food Stuffs

- Section (2) (1) (f) of G.I. Act 1999.

The Register of Geographical Indications isdivided into two parts. Part ’A’ consists ofparticulars relating to registeredGeographical Indications and Part ‘B’consists of particulars of registeredauthorized users. The registration processis similar to both for registration of ageographical indications and anauthorised user.

• Issue Fee receipt• Allotment of application number• Issue Formality check report and compliance with in

one month, If not complied abandon the application,• Meeting of consultative group to ascertain the

correctness of application,• Issue of Examination Report.• Accepted application shall be published in the GI

journal,• If not accepted, show cause hearing for final

adjudication• Opposition if any,• Registration certificate• Renewal

Any association of persons or producers orany organization or authority established byor under law representing the interest ofproducers of the concerned goods

How to Apply? Application for registration of a GI should be in

the prescribed form (GI-1A to 1D). Accompaniedby the prescribed fee – Rs.5000/- Per Class.

It must be made in triplicate along with threecopies of a statement of case accompanied by fivecopies of Additional Representations, Threecertified copies of Map, documents in support oforigin.

Association : Authorized Signatory

Body corporate / Organisations / Authority:

Chief executive, M.D, President, Secretary, or other Principle Officer.

Payment of FeesCashBankers ChequeBank DraftBrank Draft and Cheque shall be in favour of the “Registrar of Geographical Indications and payable at Chennai.

Where to Apply

The Application for Registration of GIAuthorised User shall be filed with theGeographical Indications Registry, IntellectualProperty Office Building, G.S.T. Road, Guindy,

Chennai – 600 032.

Examination of Application

• A Consultative Group shall be constituted consisting of not more than seven members.

• To ascertain the correctness of the particulars furnished in the statement of case.

• Chaired by Registrar of G.I.

• Thereupon Examination Report shall be issued.

Advertisement

•The accepted applications shall be advertised inthe Geographical Indications Journal.

If no notice of opposition or application for extension of time for filing notice of opposition is received

With in three months from the date on which the journal was made available to the public and with in extension period of One Month

Validity Of Registration

•Registration is valid for 10 Years from the date of Application.

•Registration is renewable for another 10 years and so on

No discrimination

Applicant has to give an address for services in India

Details of Home country GI Application

Same protection under the Law

Same procedure for registration

Same punishments in case of violation

GI Applications

Registered, 9, 7%

GI Applications Pending ,

127, 93%

GI Applications Other

disposals, 0, 0%

Status wise Breakup of Foreign GI Applications Received

• STATUS OF THE APPLICATION

• JOURNAL

• ALL THE DOCUMENTS & FORMS FILED BY THE APPLICANT

• ACT & RULES

• DETAILS OF REGISTERED GIs

• DETAILS OF PENDING APPLICATIONS

• MONTHLY HEARING DETAILS

Who can Apply? An application for the registration as an

authorised user of the registered geographical indication shall be made by a producer and jointly by the registered proprietor of the said GI

‘Producer’, means, -- any person who produces the goods in case

agricultural goods, and includes the person who processes or packages such goods;

any person who exploits the goods in case of natural goods,;

any person who makes or manufactures the handicraft or industrial goods ,

any person who trades or deals in such production, exploitation, making or manufacturing of the goods.

How to Apply?

Application for registration of a GI Authorised User should be in the prescribed form (GI-3A).

Accompanied by the prescribed fee for filing a GI Authorised User Application Rs. 500/-.

Statement of case accompanied with an affidavit.

A copy of the consent letter from the registered proprietor or

If consent letter is not available, a copy of Application may be endorsed to Registered proprietor for information.

Fees may be paid by Cash, or Money order, Bank drafts and cheques,

It shall be addressed to the Registrar of Geographical Indications, Payable at Chennai.

Where to Apply

The Application for Registration of GIAuthorised User shall be filed with theGeographical Indications Registry,Intellectual Property Office Building,G.S.T. Road, Guindy, Chennai – 600032.

As on date this office has received2342 GI Authorised User Applications.

101124

145

1070

341

262

169

0

200

400

600

800

1000

1200

2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2015 - 16*

Yearwise breakup of GI Authorised User Applications Received

GI Authorised user registration provides the authorized user the exclusive right to use the registered GI on the specified goods.

The Authorised users can initiate infringement actions.

With the protection assured by GI registration, the market is developed, pirates and counterfeiters cannot encroach that market.

Consumers are guaranteed of the genuineness of the product and of quality assurance.

Promotes Brand building.

“Each Indian GI has an assurance of distinctiveness and quality, attributable to its origin in the defined geography. Be it the famed Darjeeling Tea ‘loved worldwide’, or MakranaMarble that created the undisputable ‘edifice of eternal love – the Taj Mahal’ to the Banaras Brocades and Sarees that eptiomize ‘sheer poetry on Cloth’, The revered Tirupathi Laddu comes from the ‘Sri Vari Temple on Tirumala hills, the fragrance of Kannauj Perfume and intricate Mysore Rosewood Inlay work captivates millions, even as they relish the mouth watering BikaneriBhujia, show case the richness of India’s heritage and culture”.

Thank You