Geographical Indication in IPR

Geographical Indication in IPR

Author: Kumar Gaurav Vimal, a student of Faculty of Law, University of Delhi 

IPR: Intellectual Property Rights

Intellectual Property (IP) deals with any basic construction of  human intelligence such as artistic, Literary, technical or scientific constructions. Intellectual Property Rights (IPR) refers to the, legal rights granted to the inventor or manufacturer (exclusive rights) to protect their invention of manufactured product. These legal rights confer an exclusive right on the inventor/manufacturer or it’s operator to make full use of his invention/product for a limited period of time.

These legal rights (IPRS) prohibits all others from using the intellectual property for commercial purposes without the prior consent of the IPRs holder.

GI: Geographical Indication 

GI is a sign used on products that has a specific geographic origin and includes the qualities or reputation of that origin. GI are one of the forms of IPR which identifies a good as originating in the respective territory of the Country, or a region or locality in that particular territory, where the given quality, reputation or other characteristics related to the good is essentially attributable to it’s geographical origin. 

The relationship between objects and place becomes so well known that any reference to that place is reminiscent of goods originating there & vice versa. It performs 3 functions:

• They identify the goods as to the origin of a particular region or locality;

• They suggest to the consumers that the goods came from a region where a given quality,  reputation or other characteristics of the goods are essentially attributed to their geographical origin;

• They promote the goods of producers of a particular region.

Section 2(1)(e) of GI Act, 1999

The Geographical Indication Act, 1999 lays down certain rules and procedures regarding the use of Geographical Indication in India which involves registration of GI, procedure for use of GI and punishment regarding the infringement of GI.

 It defines GI as an indication as:

• It identifies such goods as agricultural goods, natural goods of manufactured goods as originating, or manufactured in the territory of a country;

• where the given quality, reputation or other characteristics of such goods are  essentially attributed to their geographical origin;

• they promote the goods of producers of a particular region. They suggest the consumer that the goods come from the area where a giver quality, reputation or other characteristics of goods are essentially attributable to the geographic region.

Procedure for Registration of GI

• Sec 8: Registration of GI

It provides that a Gl can be registered in respect of any or all the goods comprised in a prescribed class of goods and in respect of a definite territory of a country or a region or a locality.

• Sec 9: Grounds of prohibition of Registration:

1. Likely to deceive or cause confusion;

2. Contrary to any law;

3. Contains scandalous or obscene matter;

4. Hurts religious susceptibility;

5. Disentitled to protection;

6. Ceased to be protected in any country;

7. Falsely represent to the persons that the goods originate in another territory. 

• Sec 11: Registration Application (who can apply)

 Any association of persons or producers or any organization or authority established by or under any law for time being in force.

 representing the interest of the producers of the concerned goods 

are desirous of registering as GI in relation to such goods can apply in writing to the Registrar for registration

• Sec 12: withdrawal of acceptance.

After the acceptance of application and before the registration, a registrar can withdraw the acceptance of application if he is satisfied that:

1. The application has been accepted in error;

2. The application should not be registered or registered with additional conditions.

• Sec 13: Advertisement of Application

 After the acceptance of the application, the Registrar may advertise the application or re-advertise in case any correction is made, in such a manner as prescribed in the Act

• Sec 14 :Opposition to Registration

Any person may, within 3 months from the date of advertisement of application, give notice in writing to registrar, the opposition of registration. After this notice, counter statement is given by the parties and after hearing both sides, the registrar may decide as to the extent to which registration can be permitted.

• Sec 16: Registration.

When an application has been accepted unopposed or has been opposed but decided in favour of applicant, the registrar shall register the GI. The date of filing the application is the date of registration. The Registrar shall issue to each of the applicants and the authorised user a certificate with a seal of the GI registry.

• Sec 18: Duration 

It provides that the registration of a GI shall be for a period of 10 years.

Importance of GI 

“As IP rights, GIs provide protection against acts of misappropriation and unfair competition. Producers have an exclusive right to use the GI and to prevent its use by third parties whose products do not originate from the same geographical area or do not conform to the certified standards of production.”