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INTELLECTUAL PROPERTY RIGHTS

FORTIFICATION THROUGH ‘GEOGRAPHICAL


INDICATION’ AND ‘CERTIFICATION OF TRADEMARK’-
RECENT TRENDS IN NATIONAL AND INTERNATIONAL
LEVEL

SUBMITTED BY
S. VIJAY LESHANTH
BC0150032

SUBMITTED TO
Mr. M. MAHINDRA PRABU,
Asst. Professor.

TAMIL NADU NATIONAL LAW SCHOOL


(A State University established by Act No. 9 of 2012)
Tiruchirappalli
Tamil Nadu – 620 009
FEBRUARY – 2018
INTELLECTUAL PROPERTY RIGHTS

REFERENCES:

WEBSITIES:

 http://www.wipo.int/edocs/mdocs/sme/en/wipo_wasme_ipr_ge_03/wipo_wasme_ipr_
ge_03_2.pdf
 https://spicyip.com/2007/11/geographical-indications-and.html

JOURNALS:

 The WIPO Journal: Analysis of Intellectual Property Issues *629525* General Editor:
Professor Peter K. YU 2015 Volume 6 Issue 2.
 Protection of geographical indications and designations and designations of origin in
Italy, Trademark World, WIPO, 1993/1994
 International Protection of Geographical Indications – The present Situation and Prospect
for Future Development, Mr. Marcus Hopperger, in Symposium on the International
Protection of Geographical Indications, Cape Town, South Africa, September 1999.
 Recent Developments in the Council for TRIPS (WTO), Mrs. Thu-Lang Tran Wasescha,
in Symposium on the International Protection of Geographical Indications, Cape Town,
South Africa, September 1999.
 Geographical Indications and Trademarks: Harmony or Conflict? Mr. Henning Harte-
Bavendamm, in Symposium on the International Protection of Geographical Indications,
Cape Town, South Africa, September 1999.
 The use of Geographical indications in a collective marketing strategy: the example of
Cognac, Mr. Jean-Marc Girardeau, in Symposium on the International Protection of
Geographical Indications, Cape Town, South Africa, September 1999.

BOOKS:

 W.R. CORNISH, D. LLEWELYN, – INTELLECTUAL PROPERTY: PATENTS, T. APLIN


COPYRIGHT, TRADE MARKS & ALLIED RIGHTS
INTELLECTUAL PROPERTY RIGHTS

ABSTRACT:
Geographical indication is an indication which specifies the geographical origin of a product and
links it with the essential qualities that are present in the product due to the place of origin. It is
mainly used to identify agricultural, handicraft, manufacturing goods from a particular territory
which has developed a good will in the market due to its special characteristics. The said
characteristics include temperature, humidity, soil etc. associated with the territories that are
unique, e.g. Darjeeling tea. Geographical indication can be a mark defined by words or numbers
or a combination of both. In international transaction, marks of origin include marks of the
country of origin and geographical indications.

In India, in compliance with the TRIPS Agreement of the WTO, enacted ‘The Geographical
Indications of Goods (Registration and Protection) Act, 2003 to provide protection to the goods
registered under the Act. Twelve years down the line, evidence from the ground suggests that
while there has been some progress in terms of number of goods registered under the Act, there
remain a number of issues and concerns in the context of harnessing the potential commercial
benefits out of GI registration in India.

Where as A certification mark certifies the nature or origin of the goods or services to which it
has been applied. This includes the region or location or origin, materials of construction,
method or mode of manufacture or provision, quality assurance, accuracy of the goods or
services or any definable characteristic of the goods or services. It can also certify manufacture
or provision of services by members of a union or other organization to certain standards. The
sole purpose of a certification mark is to indicate that certain standards have been met.

So the Researcher is going the analysis the mechanism of the Geographical Indication and
Certification of Trademark. In this paper the Researcher is going to clearly explain the recent
trends in national and international level of fortification through “Geographical Indication” and
“Certification of Trademark”
INTELLECTUAL PROPERTY RIGHTS

RESEARCH PLAN:

1. RESEARCH OBJECTIVE:
This paper aims to discuss relevant International and National legal regimes aims at
“Geographical Indication” and National level legal regimes at “Certification of
Trademark”. Further it throws some light on recent case laws decided by Indian courts
and finally ends with conclusion.

2. RESEARCH QUESTIONS:
1) How far the Geographical Indication Registration and Certification of Trademark
have created an impact in India?
2) How the Indians see the Trademark and what are all the kinds of Trademarks?
3) Geographical Indication and Certification of Trademark – Is it Conflict or
Harmony?
3. RESEARCH METHODOLOGY:
The research is based on analytical method. The source of information comprises of
books, articles and journals. The data in this project report is from secondary sources.
The topic has been extensively researched upon so as to accomplish the goal of
completion of the current project report.
4. TENTATIVE CHAPTERISATION:
CHAPTER I:- Introduction
CHAPTER II:- Fortification through Geographical Indication
CHAPTER III:- Fortification through Geographical Indication National Trend
CHAPTER IV:- Fortification through Geographical Indication International Trend
CHAPTER V:- Fortification through Certification of Trademark in India
CHAPTER VI:- Conclusion