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Geographical Indications of Goods (Registration and Protection) Act and its Implementation. T C James Director Ministry of Commerce & Industry. PRIOR TO THE GI ACT . Common law system of jurisprudence and remedy of ‘passing off’ action.
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Geographical Indications of Goods (Registration and Protection)Act and its Implementation T C James Director Ministry of Commerce & Industry
PRIOR TO THE GI ACT • Common law system of jurisprudence and remedy of ‘passing off’ action. • Indian courts repeatedly held that use of GI as trade mark is false trade description under the Trade Marks Act.
A sui generic law • Options – Trade Mark Law or Sui generic law • Sui generic law considered more appropriate • Accordingly, the Geographical Indications of Goods (Registration and Protection) Bill, 1999 was introduced in Parliament.
Wide Definition of GI An indication which identifies goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin
In case of manufactured goods one of the activities of either the production or processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be (Section 2[1]{e}).
Explanation clarifies that GI need not be a geographical name • E.g. Alphonso, Basmati • Goods include goods of handicraft or of industry and also foodstuff.
Registration • Provides for registration • Of GIs, Proprietors & Authorized Users [S.6(1)] • Valid for 10 years; renewable ad nauseum (S. 18) • Registration prima facie evidence of validity (S. 23)
Who can Register? • Producer • Any association of persons or producers, or • Any Organization/authority established by or under any law • which represent the interests of the producers of the concerned goods [S.11(1)] • Producer includes trader • Authorized User [S.17(1)]
Procedure for Registration: Filing • Application in prescribed form along with fee, statement of the case and map to be filed before Registrar of GIs • Statement of Case, inter alia, to contain: • 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 • Details of special human skill involved or uniqueness of the geographical environment or the inherent characteristics • Details of inspection structure, if any , to regulate the use of the GI.
PRELIMINARY SCRUTINY AND EXAMINATION • Examiner scrutinises for any deficiencies • Applicant to remedy deficiencies within 1 month of communication • Registrar to constitute a Consultative Group of technical and legal experts • On the basis of the Consultative Group report, Examination Report will be issued.
SHOW CAUSE NOTICE • Objection to registration to be communicated in writing • Applicant to file reply within 2 months • Registrar may also give a hearing • Applicant may also correct any particular through separate application • Registrar either accepts or rejects the application • Decision of Registrar appealable to the Intellectual Property Appellate Board.
PUBLICATION AND REGISTRATION • Accepted applications are published in the GI Journal, within 3 months, inviting opposition • Opposition can be filed by any within 3 + 1 months • A copy of the opposition to be given to the applicant by the Registrar • Applicant to file counter statement within 2 months • Registrar to give a copy of the counter statement to the opponent • Registrar hears both parties and decides • Date of filing will be deemed date of registration.
Procedure for Registration • Filing of application before the Registrar • Registrar either refuses or accepts subject to conditions • Advertisement for opposition • 3 months time for opposition • If no opposition, registration • In case of opposition, copy given to applicant • 2 months for filing counter statement
Procedure for Registration • If no counter statement, then the application is deemed abandoned • Copy of counter statement to the opponent • Hearing of parties, if so desired • Registrar may add conditions or limitations • Registrar can rely suo motu, on grounds of opposition not raised by opponent
Rights • Section 21 • Exclusive right to use the GI on the goods • Right to obtain relief for infringement of the GI
Working of the Act • Act brought into force on 15 September 2003 • GI Registry established at Chennai • 128 applications so far • 82 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.
Mysore mallige Udupi mallige Hadagali mallige Horticultural Products from Mysore
Why GI Protection • Cultural Arguments • Protection of Community Property • Matter of National Pride • Protection of Reputation, Goodwill • Protection of Quality • Protection of the ‘Original’ Product • Facing Challenge of Advances in Plant Breeding and Biotechnology • Protection of Traditional Knowledge.
Why GI protection (contd.) • Economic Arguments • Protection Against Unfair Competition • Demand vs.Supply • Advantages of Premium: Niche Market • Consumer Perception of Genuineness of goods • Higher Prices • Attracting Foreign Investors, e.g. partnerships • Important Role in Rural Development • Employment Generation.
Economic Benefits • French GI cheeses are sold at a premium of Euro 2 • Italian Tuscano oil at a premium of 20% since it has been registered as a GI in 1998 • 85% French wine exports use GIs • 80% EU exported spirits use GIs • 40% EU consumers are prepared to pay 10% more for origin guaranteed products. (from europa.eu.int)
Why GI protection (contd.) • International Commerce • TRIPS obligation • No protection if not protected in the country of origin
