Prashanth Kumar Bhairappanavar Examiner of Geographical Indications Geographical Indications Registry, India

Transcription

1 Prashanth Kumar Bhairappanavar Examiner of Geographical Indications Geographical Indications Registry, India

2 1. Concept of GI 2. Geographical Indications of Goods (Registration & Protection) Act, Main Features of Indian Act, special reference to Registration process & Definition of GI; 4. Conclusion

3 The desire of mankind for quality and genuine premium products such as silk, cotton, spices, wines having distinct characteristics originating from a particular region, have over centuries created an impact on human civilization which has resulted in discovery of new sea routes and new continents. These identifications became so important that these regions started specializing in producing these unique products, which led 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 a particular place with some unique quality or characteristic should not be falsely represented as originating from some other place.

4 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 Geographical Indications of Goods (Registration and Protection) Act, 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.

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6 Status-wise breakup of GI Applications received GI Applications Other disposals, 23, 4% GI Applications Registered, 238, 44% GI Applications Pending, 282, 52%

7 Goods wise breakup of GI Applications Received Foodstuff, 27 Natural, 6 Manufactured, 148 Handicraft (including Textiles), 257 Agricultural, 105

8 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 Handicraft (including Textiles) Agricultural Manufactured Foodstuff Natural

9 Madhya Pradesh, 12 Arunachal Nagaland, 7 Pradesh, 4 Goa, 4 Jammu & Kashmir, 7 Manipur, 6 Rajasthan, 14 Assam, 10 Telangana, 14 Statewise Break up of Indian GI Applications as on February 25, 2016 Chhattisgarh, 5 Bihar, 8 Sikkim, 4 Meghalaya, 4 Haryana, 2 Punjab Pondicherry, 2, 2 India, 4 UttarKhand, Karnataka 2 & Maharashtra, 1 Tamil Nadu, 55 Mizoram, Jharkhand, Tripura, 1 Maharashtra, 42 Karnataka, 42 West Bengal, 20 Gujarat, 18 Uttar Pradesh, 34 Odisha, 18 Kerala, 31 Himachal Pradesh, 12 Andhra Pradesh, 20

10 Break up of Filing of Foreign GI Applications - Country wise Finland, 2 Czech Republic, 2 Mexico, 1 Portugal, 2 Poland, 2 Ireland, 2 Sweden, 1 United Thailand, 1 Kingdom, 1 Peru, 1 United States of America, 1 Austria Cyprus, 2, 2 Hungary, 3 France, 36 Germany, 11 Greece, 13 Spain, 28 Italy, 25

11 Year-wise breakup of GI Applications filed as on February 25, Total No. of Applications

12 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

13 An indication which identifies goods as agricultural, natural or manufactured. Originating or manufactured in the territory of a country or a region or locality Where a given quality, reputation or other characteristic of such goods is essentially attributable to its Geographical origin. - Section 2(i) (e) of G.I. Act 1999.

14 Agricultural Natural Goods of Handicrafts Industry Manufactured goods Food Stuffs - Section (2) (1) (f) of G.I. Act 1999.

15 The Register of Geographical Indications is divided into two parts. Part A consists of particulars relating to registered Geographical Indications and Part B consists of particulars of registered authorized users. The registration process is similar to both for registration of a geographical indications and an authorised user.

16 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

17 Any association of persons or producers or any organization or authority established by or under law representing the interest of producers of the concerned goods How to Apply? Application for registration of a GI should be in the prescribed form (GI-1A to 1D). Accompanied by the prescribed fee Rs.5000/- Per Class. It must be made in triplicate along with three copies of a statement of case accompanied by five copies of Additional Representations, Three certified copies of Map, documents in support of origin.

18 Association : Authorized Signatory Body corporate / Organisations / Authority: Chief executive, M.D, President, Secretary, or other Principle Officer. Payment of Fees Cash Bankers Cheque Bank Draft Brank Draft and Cheque shall be in favour of the Registrar of Geographical Indications and payable at Chennai.

19 Where to Apply The Application for Registration of GI Authorised User shall be filed with the Geographical Indications Registry, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai

20 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 in the Geographical Indications Journal.

21 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

22 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

23 Status wise Breakup of Foreign GI Applications Received GI Applications Other disposals, 0, 0% GI Applications Registered, 9, 7% GI Applications Pending, 127, 93%

24 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

25 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.

26 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.

27 Where to Apply The Application for Registration of GI Authorised User shall be filed with the Geographical Indications Registry, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai As on date this office has received 2342 GI Authorised User Applications.

28 1200 Yearwise breakup of GI Authorised User Applications Received *

29 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.

30 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 Makrana Marble 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 Bikaneri Bhujia, show case the richness of India s heritage and culture.

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32 Thank You