GEOGRAPHICAL INDICATIONS

1. GEOGRAPHICAL INDICATIONS Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

2. GEOGRAPHICAL INDICATION I am going to tell you about geographical indication. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

3. GEOGRAPHICAL INDICATION • It is an indication • It originates 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  Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

4. GEOGRAPHICAL INDICATION Lets look at some examples. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

5. GEOGRAPHICAL INDICATION Examples of Indian Geographical Indications. • Basmati Rice • Darjeeling Tea • Kanchipuram Silk Saree • Alphanso Mango • Nagpur Orange • Kolhapuri Chappal • Bikaneri Bhujia • Agra Petha  Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

6. GEOGRAPHICAL INDICATION Examples of Indian Geographical Indications. KOLHAPURI CHAPPAL Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

7. GEOGRAPHICAL INDICATION Examples of Indian Geographical Indications. DARJEELING TEA Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

8. GEOGRAPHICAL INDICATION Examples of Indian Geographical Indications. NAGPUR ORANGE Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

9. GEOGRAPHICAL INDICATION Examples of Indian Geographical Indications. AGRA PETHA Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

10. GEOGRAPHICAL INDICATION • LEGAL BENFITS • & • SOCIO-ECONOMIC BENEFITS Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

11. LEGAL BENFITS It confers legal protection to Geographical Indications in India. Prevents unauthorized use of a Registered Geographical Indication by others. It provides legal protection to Indian Geographical Indications which in turn boost exports. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

12. SOCIO-ECONOMIC BENEFITS • It promotes economic prosperity of producers of goods produced in a geographical territory.  Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

13. GEOGRAPHICAL INDICATION Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

14. GEOGRAPHICAL INDICATION ACTS & AGREEMENTS WHICH IMPLEMENTED IT(INTERNATIONALLY):- • The Paris Convention for the Protection of Industrial Property of 1883. • The Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration. • Articles 22 to 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) deal with the international protection of geographical indications within the framework of the World Trade Organization (WTO). Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

15. GEOGRAPHICAL INDICATION In Our country laws to protect GI are Geographical Indications of Goods(Registration & Protection)Act,1999 & Geographical Indications of Goods (Registration and Protection) Rules,2002 Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

16. GEOGRAPHICAL INDICATION • Some facts about registration- • Registration is not compulsory • Valid for a period of 10 years • Can be renewed continuously for further period of 10 years at each subsequent renewals • If not renewed it is liable to be removed from the register • Can not be assigned, transmitted, licensed, pledged, mortgaged Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

17. GEOGRAPHICAL INDICATION • Registration of GIs in India • Steps involved in evaluating a GI application Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

18. Procedure to file the application for GI: • 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. • The statement has to show how the GI serves to designate the goods as originating from the concerned territory having a special quality, reputation or other characteristic. • Details of the special characteristics and how those standards are maintained. • Three certified copies of map of the region to which the GI relates. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India Contd..

19. Procedure to file the application for GI: • Details of the special human skills involved or uniqueness of the geographical environment or the inherent characteristics to which the application relates. • Details of the inspection structure if any to regulate the use of the GI in the territory to which it relates. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

20. Registration Form Lets look at form for registration of GI. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

21. Steps involved in evaluating a GI application • Step 1:Scrutinizes the application for any deficiencies and, if any found, communicates the same to the applicant • Step 2:Appoint a consultative group of experts well versed on the subject to ascertain the correctness of the claims made • Step 3:application is published in the Journal of Geographical Indications • Step 4:If no opposition is received, then the same is registered after expiry of four months from the date of publication Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

22. Steps involved Filing an application Appeal to IPAB Opportunity for hearing Examination objections refused Acceptance Advertised in the GI journal Opposition if any Allowed or refused Appeal to IPAB Acceptance of GI Entered in the GI register Particulars of regd GI entered in part A of registration Particulars of regd authorized user entered in part B of registration Registration certificate issued Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

23. GEOGRAPHICAL INDICATION AUTHORISED USER An authorized user is a person who is a producer of the (registered) geographical indication and registered with the Geographical Indications Registry. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

24. Registration Form Lets look at form for authorized user. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

25. GEOGRAPHICAL INDICATION Lets look at one interesting case of RE-EXAMINATION OF US PATENT ON BASMATI Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

26. GEOGRAPHICAL INDICATION • Rice Tec Inc. had applied for registration of a mark "TEXMATI" before the UK Trade Mark Registry.(Well supported by U.S. Patent 5,663,484) • In the wake of this controversy, the Government of India with the help of ICAR & CSIR scientists filed request for re-examination of this patent. • It forced Ricetec to withdraw its claims .Thus the threat of infringement by the export of Basmati grains to US has been averted. Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India

27. THANKS Designed and Developed by IP Laboratory, MNNIT Allahabad 211004, Uttar Pradesh, India