ROLE OF GI, COLLECTIVE MARKS, CERTIFICATION MARKS IN INDIA- AN OVERVIEW WITH INDIAN EXAMPLES PRESENTATION BY SHRI V. RA

1. ROLE OF GI, COLLECTIVE MARKS, CERTIFICATION MARKS IN INDIA-AN OVERVIEW WITH INDIAN EXAMPLES PRESENTATION BY SHRI V. RAVI, JOINT REGISTRAR OF TRADE MARKS

2. NATURE OF GI AS DISTINGUISHED FROM OTHER IPR’S VARIOUS LEGAL INSTRUMENTSAVAILABLE TO PROTECT GIA) CERTIFICATION MARKB) COLLECTIVE MARKC) SUI GENERIS LEGISLATION D) PRODUCT SPECIFIC ENACTMENT E) BILATERAL AND PLURILATERAL TREATY

3. WHAT IS CERTIFICATION MARK?MEANS A MARK USED BY A PERSON OTHER THAN OWNER CERTIFYING CERTAIN STANDARD, ORIGIN, QUALITY, ACCURACY OR OTHER CHARACTERISTIC ARE MET OR MATERIALS USED OR SERVICES RENDEREDMEET THE STANDARDS INDICATED

4. IT IS MARK OWNED BY X BUT USED ONLY BY Y, Z ETC.- THERE IS NO GOVERNMENT CONTROL OVER STANDARDS- STANDARDS SET BY OWNERS OWN REGULATION- IT IS A SYMBOL OF SOME GUARANTEE- IT CAN BE REMOVED FROM TRADE MARKS REGISTER IF MISUSED- OWNER CANNOT REFUSE LICENSE IF PRESCRIBED STANDARDS ARE MET BY INTERESTED PARTIES- CERTIFICATION MARK CANNOT BE USED AS A TRADE MARK- CERTIFICATION MARK CAN BE USED BY A NUMBER OF TRADERS/PRODUCERS ETC.

5. LIMITATION OF CTM • CTM CAN BE USED ONLY THROUGH LICENSEE • GI THAT CONSIST OF WORD PERSE ARE VALUNERABLE TO FAIR USE EXSEPTION • EVEN UNDER TRADE MARKS LAW EXEMPTION FROM INFRINGEMENT PROVIDED IF SIGNS / INDICATIONS ARE USED IN ACCORDENCE WITH HONEST PRACTICE IN INDUSTRIAL OR COMMERCIAL PRACTICE • THIS DILUTES CONTROL OF LISENSOR IN ADMINISTERING CTM. IT CAN BREAK LISENCING BACK BONE AN EVENTUALLY DILUTE INTEGRITY OF THE GI

6. WHAT IS COLLECTIVE MARK?- ARTICLE 7 BIS OF PARIS CONVENTION MANDATES PROTECTION OF COLLECTIVE MARK- COLLECTIVE MARK IS A MARK THAT DISTINGUISHES THE GOODS -OR SERVICES OF MEMBERS OF ASSOCAITION FROM MARKS OF -OTHER UNDERTAKING- WHO OWNS COLLECTIVE MRK? ASSOCIATION OF PERSONS – COULD BE MANUFACTURERS, PRODUCERS, SUPPLIERS, TRADERS OR OTHER PROFESSION BODIES LIKE INSTITUTE OF CHARTERED ACCOUNTANTS, PATENT AGENT, TEST CRICKETERS ASSOCIATION ETC.

7. JAPAN EXTENDS GI PROTECTION THROUGH COLLECTIVE MARK BUT IT CAN BE THROUGH JAPANES NATIONAL • NOT VERY EFFECTIVE AS IT DOES NOT CERTIFY QUALITY OR CHARECTERISTIC • ALSO IN UK SCOTLAND TOMATOES IS REGISTER AS A COLLECTIVE MARK

8. THEY HAVE THEIR OWN REGULATIONS FOR USE OF COLLECTIVE MARKFUNCTION OF COLLECTIVE MARK TO DISTINGUISH AND IDNETIFY THEIR GOODS OR SERVICES FROM OTHERS.HOW IT IS DIFFERENT FROM CERTIFICATION MARK- THE PURPOSE OF TWO ENTIRELY DIFFERENTCOLLECTIVE MARK USED ONLY BY MEMBERS NORMALLY THORUGH MEMBERSHIP CARD ETC.

9. WHY INDIAN GI ACT WAS ENACTED?- TRIPS OBLIGATION - PROMOTE PROTECT INDIAN GI IN GLOBAL MARKET- PREVENTCONSUMERS DECEPTION- ADD TO ECONOMIC PROPERTY OF PRODUCERS OF INDIAN GI - DEFINITION OF GI UNDER THE ACT

10. G.I. A TOOL FOR ECONOMIC GROWTH AND WEALTH CREATION A. EINSTEIN - POWER OF IMAGINATION IS MORE IMPORTANT THAN KNOWLEDGEG.W.CAVER INVENTED CROP ROTATION METHODDISCOVERED HUNDRED OF NEW USES FOR CROPS LIKE PEANUTWHY SOME ECONOMICS GROW FASTER THAN OTHERS?REASON IS ACCUMLATED KNOWLEDGE OF PAST COMMERCIALLY EXPLOITED.

11. EMERGING IMPORTANCE OF IP - NEW PATTERN OF GLOBAL TRADE-TRIPS OBLIGATION- IMPORTANCE OF GI- IT COMMUNICATES A MESSAGE- PRODUCT FROM A SPECIFIC PLACE- HAS SOME DESIRABLE QUALITY- SUCCESS IS DEPENDENT ON AGGRESSIVE MARKETING

12. IF USED STRATEGICALLY GI PROMOTES REGIONAL AND NAT IONAL ENTERPRISEIT CAN BOOST SALE OF REGIONAL SPECIALITY PRODUCTSGI BEING COLLECTIVE BY OWNED CAN SERVE AS AN EXCELLENT TOOL FOR COMMUNITY BASED ECONOMIC DEVELOPMENTROLE OF NGOSUPPLEMENTED BY ATTRACTIVE DESIGNS, PACKAGING AND ADVERTISEMENT

13. - WHO CAN FILE A GI APPLICATION?- TWO METHOD OF FILING- AFTER FILING WHAT

14. PART A & BCLASSIFICATION AND AREAPROHIBITED GI (SEC. 9)Eg. PILSNERMADIRAGENERIC GIHOMONYMOUS GI

15. MAIN REQUIREMENT FOR FILING A GI APPLICATION- STATEMENT OF CASE- CLASS- MAP- PARTICULARS OF PRODUCERS- AFFIDAVIT- STANDARD BENCH MARK AND ELABORATE THE UNIQUENESS- HOW QUALITY / INTEGRITY OF PRODUCT IS MAINTAINED?- SPECIAL HUMAN SKILL- GEOGRAPHICAL ENVIRONMENT - INSPECTION STRUCTURE

16. AGRICULTURAL GOODS- RICE - BASMATI, NELLORE, DEHRADUN- WHEAT- PUNJAB- FRUIT- ALPHONSO, DASERI, RATNAGIRI, BIHAR LICHIS, NAGPUR ORANGES- VEGETABLES, BANGALORE BRINJAL, CALICUT GINGER- MILK - ANAND- SPICES- MALBAR PEPPER

17. NATURAL GOODS- COAL - NEW CASTLE- LIGNITE- NEYVELLI- GOLD - KOLAR, JOHANNESBURG, S. AFRICA- PETROLEUM - ARABIAN

18. MANUFACTURED GOODS- SARI - BANARAS, KANCHIPURAM- SLIPPER - KHOLAPUR- LOCK - ALIGARH- SHIVAKASHI - MATCHWORKS- SHOLAPUR - BEDSHEETS- MYSORE - SANDAL WOOD- GOA - FENI

19. FOOD STUFFS- BENGAL - RASGOLLA- BIKANEER - BHUJIA- ANDHRA - PICKLES- WARNA - SHRIKAND- AGRA - PETHA

20. IMPORTANT CONCEPT UNDER GI ACT:REGD. PROPRIETOR S. 2(1) (n)PRODUCER S2(1)(k)AUTHORISED USER (s. 17)COLLECTIVE REFERENCE RULE 32(1)(5)WHO CAN APPLY (SECTION 11)RIGHTS CONFERRED BY REGISTRATI ON GI GENERIC ADDITIONAL PROTECTION TO NOTIFIED GOODSHOMONYGENOUS GI

21. TEN STEP GUIDE FOR REGISTRATION1. FILING OF APPLICATION2. PRELIMINARY SCRUTINY3. CONSTITUTION OF CONSULTATIVE GROUP OF EXPERTS4. EXAMINAT ION5. SHOW CAUSE NOTICE6. PUBLICATON IN GI JOURNAL7. OPPOSITION8. REGISTRATION9. APPEAL10. RENEWAL

22. KEY REQUIREMENT FOR REGISTRAT ION :1) DEFINITE AREA2) DEFINE SPECIFICAITON3) ADMINISTRATIVE BODY4) INSPECTION STRUCTURE

23. INDIAN SCENARIOLOCATION OF ADDRESS GEOGRAPHICAL INDICATION REGISTRYGUNA COMPLEX, ANNEXE, 1,1ST FLOOR, 443 ANNA SALAI, TEYNAMPETCHENNAI-600 018TEL. NO. 044-24314293/94/95/96FAX. NO. 044-24314297

24. THE ROAD AHEADGI VIS-A-VIS INDIAN HANDICRAFTTEXTILE (As GI)- MANIPURI WOMAN LUNGI- REVERSIBLE BORDER CALLED BUGDI- BENGAL SARI- PAITHANI SARI- CHANDERI SARI- PATOLA SARI- PASHMINA SHAWL

25. HAND PAINTED FABRICS (AS GI)INDIA VERY RICH IN DECORATED CLOTHINGS - ETHOS & SENTIMENT- NATHDWARA TEMPLE- KALAMKARI CLOTH AT KALHASTI TEMPLE AP- BENGAL CLOTH PAINTING- PATIDARS- BANDHANI FABRIC - JAMNAGAR, ANJAR & BHUJ

26. HANDPRINTING- BARMER - TURBANS CALLED AJRAKH- CHITTOR GARH PAINT FABRICS CALLED JAJAMS- JAIPUR HANDPRINTS- JAISALMER HANDPRINT CALLED JARRIBHAT- GUJARAT 4 YARDS SARI CALLED LUGDAS- KUTCH SATIN CALLED GAJJ?- FARRUKHABAD TREASURE TROVE CALLED BUTIS (DOT) - LUCKNOW CHIKAN EMBRIO DERY- ROGAN PRINTING OF MP- NANANA - SKIRTS OF BHIL TRIBAL WOMAN- CHUNRIS OF BIHAR- PHULKARI FROM PUNJAB

27. EMBROIDERY- HEER EMBROIDERY KATHI NOMADS OF GUJARAT- MIRROR INSET - ABHALA OF EMBROIDERY - SAURASHTRA EMB. CALLED MAHAJAN- BEAD WORK OF KUTCH- PICHHWAI EMB. OF RAJASTHAN (SHRINATHJI TEMPLE)

28. - KANTHA EMBROIDERY OF BENGAL - QUILTS OF BIHAR CALLED SUJNI- INCOMPARABLE NEEDLE WORK OF KASHMIR CALLED KASIDA- LARGE RUMALS OF HP CALLED CHAMBA EMB.- METAL WIRE EMB. OF SURAT- ZARI EMB. AJMER- CROCHET LACE OF JAMNAGAR (VOHRA COMMUNITY)

29. CARPETS- KALIN CARPET OF KASHMIR- JAIPUR CARPET- AGRA CARPET- MAURI CARPET OF AMRITSAR- PANIPAT & PALANPUR CARPET OF PUNJAB- GWALIOR CARPET- OBRA CARPET OF BIHAR- KALIMPONG - TIBETIAN CARPET- BHAWANI DURRIEES

30. - JOBAT & TIPGAON DURRIES OF MP- WARANGAL DHURRIES- MANI MAJRA DURREES- PANJA DHURREES- FLOOR COVERINGS OF NAMDAS AND GABBAS OF KASHMIR - COIR FIBRE OF KERALA

31. LEATHER WORKS THICK SHOE CALLED MOJDIS IN RAJASTHAN - ORNAMENTED WITH SILK OR METAL EMB. WITH LOCALLY CURED LEATHERPECULIAR WATER BOTTLE FROM BIKANER CALLED KOPI MADE FROM CAMEL HIDE

32. WOOD WORK- INDIA HAS LUXURIANT RANGE OF WOOD WORKS- KASHMIR PRODUCES INFINITE VARIETY OF ALLURING WOODWORK- FURNITURE, TRAYS, PICTURE FRAME,CABINETS, LAMPS, TABLE TOPS ETC- CAMBA WOOD BOXES FROM HP TO STORE GRAINS- FINELY CARVED CHEST FROM ASSAM- SAHARANPUR - TOILET & TRINKET BOXES- MADURA FAMED FOR CARVINGS

33. -SANDLEWOOD & ROSEWOOD FROM KARANATAKA- WOODWORK OF HOSHIARPUR- FAMOUS SADELI OF GUJARAT- LARGE SIZED CHEST FROM BHAV NAGAR- ORAMENTAL WOOD CALLED LACQUERING FROM AMRITSAR & JULLNDUR

34. IVORY- INDIA UNRIVALLED IN THIS CRAFT- JAIPUR FAMED FOR MANY IVORY OBJECT- MAHUVA IN BHAVNAGAR DIST. GUJARAT FAMOUS FOR IVORY STATUTE AND ROSEWATER SPRINKLER ETC

35. BASKET , BAMBOO AND CANE WORK- BENGAL BAMBOO USED FOR JEWELLERY BOX- ASSAM EXQUISITE WINDOWING FANS- TRIPURA FAMOUS BAMBOO SCREENS- CACHAR DISTRICT SPECIAL SITALPATI MATS- MASLOND MAT FROM MIDNAPORE DISTRICT MADE FROM SPECIAL GRASS- LONG PANTHI MAT (100 YARDS OR MORE) USED ON CERIMONIAL OCCASION FROM BENGAL

36. - FAMOUS LAKSHMI BASKET OF BENGAL- KASHMIR WILLOW BASKET- MANIPUR ALL PURPOSE BASKET CALLED CHEMBONG- FANCY BASKET FROM ALWAYE ERNAKULAM DIST. KERALA- BAMBOO CANES FROM BAREILLY- STYLISH HANDBAGS & TRAVEL KITS FROM PURNEA, BIHAR

37. HORNS , SHELLS ETC- VISHAKHAPATNAM, HONAVAR & BELGAUM, TRIVANDAPURAM, CUTTACK AND SARAI TARAN IN UP ALL WELLKNOWN CENTRE FOR HORN WORK- BENGAL CONCH SHELLS

38. TOYS & DOLLSINDIA HAS A GREAT TRADITION- DHABHANGA CLAY TOYS- PURI WOODEN TOYS- KONDAPALLI TOYS FROM AP- TIRUPATHI DOLLS- WOODEN TOYS OF RANCHI- LACQUERED TOYS OF CHENNA PATNA(KARNATAKA)- EDUCATION TOYS FROM MYSORE

39. GOKAK(BELGAUM DIST) ARTIFICIAL FRUITS & VEGETABLES- UDAIPUR TOYS- GWALIOR RAG DOLLS- TANJAVUR OSCILLATING TOYS- CHITRAKUT WOODEN TOYS- PANRUTI (CUDDALORE DIST) CLAY TOYS - GANJAM TOYS (ORISSA)- LEATHER TOYS FROM MP- BIHAR BRASS TOYS

40. FOLK PAINTINGSAN ESTABLISHED TRADITION OF RANGOLI & KOLAM IN INDIA MADE FROM RICE PASTE, WHEAT FLOUR AND VEGETABLE DYES- MADHUBANI PAINTINGS- WALL PAINTINGS OF PUNJAB & RAJASTHAN-FOLK PAINTING OF ORISSA CALLED PATA CHITRA- TANJORE PAINTINGS (KRISHNAS LIFE)

41. METAL WARESIN INDIA KONARK TEMPLE AND QUTUB MINAR ARE GREAT EXAMPLES OF USE OF THIS ART. MATERIALS USED IS BRASS, COPPER AND BELL METAL- KERALA HOME TO BELL METAL- MANIPUR BELL METAL- JAMNAGAR BELL METAL- GIRNAR TEMPLE HAS 240 KG. BELL METALBANKURA & ASSANSOL FAMOUS FOR BRASS THALI, KITCHEN WARE- JODHPUR WATER CARRIER CALLED BADLA

42. - ICON-MAKING (BRONZE CASTING) REQUIRE SPECIAL SKILL FAMED IN TAMILNADU- CHOLA, PANDYAN, PALLAVA DYNASTY, TRADITION, CONTINUES, IN MADURAI, CHIDAMBARAM(NATRAJ) SWAMIMALAI)ETC- ARAMULA METAL MIRROR- MORADABAD BRASS WORK- BIDRI-WARE FROM HYDERABAD-ENAMELLING FROM PARATAPGARH- HUKKA BASED METAL ENGRAVING FROM KASHMIR- RAJASTHAN SILVER WARE LIKE SPICE BOXES, BASKETS AND ROSE WATER SPRINKLERS CALLED GULABPOSH- PERFUMED SILVER CONTAINER FROM KARIMNAGAR

43. JEWELLERY- INDIAN JEWELLERY IS OF TWO KINDS - HEAVY SILVER AND LIGHT GOLD- KINNAUR - JUTTI - HAIR PENDENT (SILVER HAIR PIN)- LADAKH WOMAN HEAD JEWEL CALLED PERAK- GUJJAR WOMEN EARRINGS - JHUMKA, BRAGAR AND LATKAN- NOSE ORNAMENT BULAK FROM KINNAUR- PAINRE (OVAL SHAPED ANKLET FROM RAJASTHAN)

44. -LAUNG KASAUTI ANKET FROM MP- PHULGUNCHI GRIDLE FROM ORISSA- VARIETY OF ARMLET MADE OF SILVER FROM RAJASTHAN- JEWELLERY FROM KARIMNAGAR- LAC JEWELLERY FROM REVA AND INDORE -------- GLASS BANGLES FROM FEROZABAD

45. STONE WARE- MIDNAPUR- AGRA MARBLE WORK - VRINDAVAN MARBLE- BLACK STONE FROM BIHAR, GREEN STONE FROM MP(BELAGHAT)- SANTHAL PARGANAS- GREENISH BLACK LOVELY GRAIN SOAP STONES- FOLK STONE MAKING FROM SALEM- PURI STONE FIGURES- WHITE STONES FROM TEHRI GHARWAL- HP STUNNING PAHARI CARVINGS FROM KANGRA DISTRICT

46. POTTERY- AT GENEVA MUSEUM OF ETHNOLOGY IT IS STATED : “NOWHERE IN THE WORLD, THE PART PLAYED BY TRADITIONAL FOLK POTTERY IS GREATER THAN INDIA”. BEWILDERING VARIET Y OF POTTERY IN THE COUNTRY- KULHAR- BENGAL SURAI- JAIPUR BLUE POTTERY- KHARYA PITCHERS FORM UP- GOA EARTHERN WARE

47. GLASS- FEROZABAD GLASSWARE- SAHARANPUR LIQUID TOYS- PANIPAT GLASS WARE- MADE FROM RED SANDSTONE, CARBONATE AND SALTPETRE- RAJASTHAN BANGLES

48. THEATRE CRAFTS: INCLUDESPUPPETRY, MASK, HEADGEAR, VARIOUS MUSICAL INSTRUMENTS - AGELESS WONDER OF INDIA-LEATHER PUPPETS MADE FROM GOATS, DEER AND BUFFALOES SKIN- THOLU BOMALATTA OF AP FROM 200 BC- STRING PUPPETS KATHPUTLIS FROM RAJASTHAN- RAMLILA MASK MADE FROM GOLD ZARI IN CHITRAKUT

49. - MASK IN DANCE DRAMA- KRISHNATTAM KERALA,- MATHURA BIG CENTRE FOR THEATRE CRAFT- VARIETY OF HEADGEAR FROM MAHARASHTRA, RAJASTHAN AND SOUTH- COSTUMES INCLUDE MANIPURI SKIRTS CALLED RASLILA- VARIOUS MUSICAL ISNTRUMENTS MADE FROM DIFFERENT REGIONS OF THE COUNTRY LIKE SARANGI, VEENA, SITAR, TUMBURA, SAROD, SANTOOR, FLUTE, NAGASWARAM, DRUMS LIKE MRIDANGAMS, TABALA, DHOLAK, GATTAM AND CYMBALS LIKE JALLRA

50. HOW GI REGISTRATION HELP REG. PROPRIETOR?- BOOST SALE OF GENUINE GI PRODUCT- REGISTRATION HELPS IN GETTING SPOT INJUNCTION AGAINST PIRAT E- HIGEHR DEMAND FOR REALGI PRODUCTS LEADS TO HIGHER SALE- CONTROL OVER INSPECTION STRUCTURE- DOMINATE THE RULES OF THE GAME (TRADE) - LAY DOWN BYE LAWS. EXCLUDE OR INLCUDE AREA OR VILLAGES (REGULATE TRADE IN THAT FIELD INDIRECTLY)