PROTECTION OF GEOGRAPHICAL INDICATIONS GOODS IN INDIA

1. PROTECTION OF GEOGRAPHICAL INDICATIONS GOODS IN INDIA

2. Pre-TRIPS Scenario GLOBAL Imitation / usurpation of GIs Insufficient / ineffective protection Fight for their reputation & market access INDIAN Courts have recognized GIs Enactment of GI statute. TRIPS obligation Need to protect Indian Treasures (Darjeeling tea, Basmati Rice, Bikaner Bujia, Alphonso Mango, etc.) Prevent GI becoming generic

3. LABELING ORIGINS Protected designation of origin (PDO). Protected geographical indication (PGI). Appellation of origin. GEOGRAPHICAL INDICATIONS. Defined as ‘Indications, which identify goods as originating in the territory of a member country, or locality in that territory, where a given quality, reputation or other characteristics of the goods are essentially attributable to their geographical origin’. 4 R.G.I. India

4. Why GIs Protection? • INSTRUMENT OF RURAL DEVELOPMENT - Promotion of products of considerable benefit to the rural economy in less favoured or remote areas (EC Regulation 2081/92) • DIFFERENTIATION OF PRODUCTS: • Increase in prices of the protected products • Allows genuine producers to capture the rents, entry barriers for “fakes” • Darjeeling Tea sold than produced - shows large market for genuine products.

5. CHAPTER 9 SECTION 87 I. PRELIMINARY Secs. 1& 2 short title, extent and commencement. Definitions &Interpretation IX.MISCELLANEOUS Secs. 55 to 87 Viii. Offences, penalties and procedure Ii. Registrar & conditions for registration GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999No. 48 of 1999 Secs. 37 to 54 Secs. 3 to 10 Vii. Appeals to the appellate board III. Procedure for & duration of registration Secs. 31 to 36 Secs. 11 to 19 Vi. Rectification andcorrection of the register Iv. Effect of registration Secs. 27 to 30 V. Special provisions relating to trade marks and prior uses Secs. 20 to 24 Secs. 25 &26

6. Statement of Objects & Reasons At present there is no specific law governing GIs of goods in the country which could adequately protect the interests of producers of such goods. Exclusion of unauthorised persons from misusing GIs would serve to protect consumers from deception, add to the economic prosperity of the producers of such goods, & also promote goods bearing Indian GIs in the export market.

7. HOW GI ACT OPERATES IN INDIA? • Purely voluntary. • Who can apply? • Method of filing an application. • Concept of authorised user. • Registration Process. • Importance of Consultative Group of Experts. • Additional protection for notified goods.

8. G.I. REGISTRY • This Act is administered by the Controller General of Patents, Designs and Trade Marks, who is the Registrar of Geographical Indications. The Geographical Indications Registry is located at Chennai. • The following functions have been envisaged to be discharged by the Geographical Indications Registry :

9. SALIENT FEATURES OF THE GI ACT • Wide definition of GI • Registration Procedure • Authorised user concept • Collective right concept • Penalties for infringement and offences • Higher level of protection for notified goods • Prohibition of assignment, etc. • Prohibition of registration of GI as a trademark • Protection for foreign GIs • Independent Passing Off action • Appellate Board.

10. Indian GI & Globalization • HAND-WOVEN INDIAN TEXTILES • On the fashion ramps in Paris • HAND-CRAFTED INDIAN JEWELLERY • Widely sold in the best retail stores in New York • HAND MADE INDIAN CARPETS • Covers some of the most elegant floors all over the world • PRODUCTION SKILLS • Highly intricate and specialized • Closely guarded secrets • GLOBAL SCENARIO: Protection and preservation imperative through GI

11. DEFINITION • 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 characteristics of such goods is essentially attributable to its Geographical origin. - Section 2(i) (e) of G.I. Act 1999.

12. INDICATION • Includes • Any name • Geographical or Figurative representation (or) • Any combination of them • Conveying or suggesting the Geographical Origin - Section (2) (i) (g) of G.I. Act 1999.

13. Working of the Act • 49 products registered. • No authorised user registered so far. • No foreign product registered. • One foreign application (Pisco) published. • No appeals against the decisions of the Registrar of GIs so far. Foreign GIs: No discrimination. Applicant has to give an address in India. Principle of reciprocity: Government can deny rights for registration to nationals of a country which does not extend same rights enjoyed by its nationals in GIs to Indian nationals (Section 85).

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

15. AGRICULTURAL GOODSDARJEELING / ASSAM TEA KANGRA TEA Black_Ctc_Assam_Tea

16. AGRICULTURAL GOODSAlphonso / Dasheri / Langra Mango

17. Mysore mallige Udupi mallige Hadagali mallige AGRICULTURAL GOODSHORTICULTURAL PRODUCTS

18. AGRICULTURAL GOODSHORTICULTURAL PRODUCTSCOORG ORANGE NANJANGUD BANANA

19. DNA Fingerprinting Laboratory Biotechnology Centre, Hulimavu Department of Horticulture M 1 2 3 4 5 6 7 8 9 10 Gel profile of Mysore jasmine (Jasminum sp.) developed using Randomly Amplified Polymorphic DNA (RAPD) with decamer primers of arbitary sequence (OPB-01 to OPB-10). PCR reaction was performed using 800uM dNTP (4ul), 5mM MgCl2(0.5ul), Triton buffer (0.1%) and Taq Polymerase enzyme 1 unit.

20. NATURAL GOODS GOA IRON ORE

21. HANDICRAFTS INCLUDING TEXTILESASSAM Japi Asomiya Gamocha aru Jaapi Assomiya Gohana

22. ASSAM Cane Cane Pital

23. ASSAM Terracotta Work Sarai Bamboo

24. ASSAM Pottery Wood Carving Ornamant

25. ASSAM TEXTILES Dress Miri Dress Muga Paator Mekhela Silkcraft Assam Antique1