Indian Law on

UNIT 7 INDIAN LAW ON GEOGRAPHICAL Geographical

Indications
INDICATIONS
Structure
7.1 Introduction
Objectives
7.2 What is a Geographical Indication?
7.3 Registration of Geographical Indications
7.4 Registration as Authorized User
7.5 Register of Geographical Indications
7.6 Term and Implications of Registration
7.7 Infringement of Registered Geographical Indications and Appeals
7.8 Protection of Certain Trademarks
7.9 Offences and Penalties
7.10 Reciprocity and Prohibition on Registration
7.11 Miscellaneous Provisions
7.12 Summary
7.13 Terminal Questions
7.14 Answers and Hints

7.1 INTRODUCTION
Geographical Indication (GI) is a relatively new but important instrument in
intellectual property protection. The TRIPS Agreement defines geographical
indications as: Indications which identify a good as originating in the territory of a
Member of the WTO, or a region or locality in that territory, where a given quality,
reputation or other characteristic of the good is essentially attributable to its
geographical origin.
It is well known that the soil and climate of a particular region or territory, may impart
some valuable distinctive quality and character to a particular agricultural product
(e.g. basmati rice from the western Himalayan foot hills; mangoes from Malihabad,
UP). A territory can similarly be distinguished for its specialized skills and processes
which make some item produced there highly desirable. India abounds in goods which
are highly prized due to their origin in specific regions: tea from Darjeeling, sarees
from Banaras or Kanchipuram, silk from Mysore, chappals from Kolhapur, etc.
Internationally, there is no dearth of goods which are in great demand for their
specific origin e.g. champagne, the sparkling wine from the specific territory of that
name in France. GIs have great economic significance. For the producers from a
geographical territory which imparts a characteristic or quality in a product, which is
highly valued by the customers and is not found on any similar product from another
region or territory, the GI serves to identify the source of the product distinguishing
their product from those of producers in other regions. For the consumer, the GI is
assurance of the particular quality, feature or characteristic which the customer is
seeking. The protection of GI helps the development of ethical trade and commerce as
it prevents unscrupulous producers and dealers from forging or counterfeiting genuine
goods, which deceive the consumer and deprives the genuine producers and the
authentic geographical region of legitimate economic returns.
The TRIPS Agreement gives additional protection for GIs for wines and spirits,
because some brands, owing their appeal to their geographical origin, command huge
markets, e.g. Champagne, Scotch.
An important provision in the TRIPS Agreement is that a country is not obliged to
protect a GI of another country if the GI is not under active protection in its home
5
Protection of Other country. Thus if India expects protection to a GI from India, the said GI has first to be
Industrial Property
protected in India as intellectual property. A country which does not protect its GI has
still to protect the GIs of other countries, if they are protected in their home countries
and seek protection in India.
In view of these considerations the Government of India has enacted the Geographical
Indications of Goods (Registration and Protection) Act, 1999, which is a fairly
comprehensive legislation. It has come into force with effect from September 15,
2003. In the following all discussion deals with the provisions of this Act, referred to
as the Act.
Objectives
After studying this unit, you should be able to:

• define what is geographical indication;

• explain the procedure for getting the GI registered;
• explain the meaning of authorized user of GI;
• state the term of GI registration;
• list the implications of GI registration;
• explain what amounts to an infringement of GI;
• state the ways in which GI is applied on a good; and
• state the cases where GI is not registered.

7.2 WHAT IS A GEOGRAPHICAL INDICATION?

The GI Act defines geographical indication comprehensively as follows:
Geographical Indication, in relation to goods, means an indication which identifies
such 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 and in case where such goods are manufactured
goods, one of the activities of either the production or of processing or preparation of
the goods concerned takes place in such territory, region or locality, as the case may
be.
For the purposes of this clause, any name which is not the name of country, region or
locality of that country, shall also be considered as the geographical indication if it
relates to a specific geographical area and is used upon or in relation to particular
goods originating from that area.
The terms goods and indications are defined as:
Goods means any agricultural, natural or manufactured goods or any goods of
handicraft or of industry and includes food stuff.
Indication includes any name, geographical or figurative representation or any
combination of them conveying or suggesting the geographical origin of goods to
which it applies.
Under the Act, a geographical indication is an indication originating from a certain
geographical territory used to identify agricultural, natural or manufactured goods that
have a special quality, reputation or other characteristics essentially attributable to its
geographical origin. The manufactured goods must be produced, or processed or
prepared in such territory, region or locality.

" Spend SAQ 1

3 min.
State 5 examples of geographical indications in India.
6
 Indian Law on
7.3 REGISTRATION OF GEOGRAPHCIAL Geographical
Indications
INDICATIONS
The registration of a geographical indication is not necessary under the Indian GI Act,
1999. However, registration is prima facie proof of validity in all legal proceedings
relating to a GI. Registration also confers certain rights, as discussed later, on the
registered proprietor or authorised user in cases of infringement of registered
geographical indication.
The Act established a registry, known as the Geographical Indications Registry at
Chennai; it will have its branch offices at places as decided by the Central
Government. All material particulars of the GI are entered in the Register of
Geographical Indications.
The Controller-General of Patents, Designs and Trademarks is the Registrar of
Geographical Indications. The Register is kept under the control and management of
the Registrar, subject to the superintendence and direction of the Central Government.
Application for Registration and its Acceptance
A GI may be registered in respect of any (or all) of goods comprised in such class of
goods, as classified by the Registrar and in respect of a definite territory.
Any association of persons or producers or organisation or authority established by or
under the law representing the interest of the producers can apply for the registration
of a geographical indication.
The application must be done in writing in the prescribed form addressed to the
Registrar of Geographical Indications along with the prescribed fees.
The application for registration of a geographical indication must contain the
following:

• A statement describing how the geographical indication serves to designate the

goods as originating from the concerned region in respect of the specific quality
or reputation or other characteristics due exclusively or essentially to the
geographical environment, with its inherent natural or human factors and the
production, preparation and processing of which takes place in such territory or
locality or region;

• The class of goods to which the geographical indication shall apply;

• The geographical map of the country or region or locality in the country in which
the goods originate or are being manufactured;

• The particulars regarding the appearance of the geographical indication as to

whether it is comprised of the words or figurative elements or both; and

• A statement containing such particulars of the producers of the concerned goods,

if any, proposed to be initially registered with the registration of the geographical
indication as may be prescribed. Producer under the Act includes the person who
processes or packages, makes, manufactures or exploits such goods.
Examination of Applications
Any association of persons or producers or any organization or authority established
by or under any law for the time being in force representing the interest of the
producers of the concerned goods can apply to the Registrar for the registration of
geographical indication.

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Protection of Other • Every application under sub-section (1) shall be examined by the Registrar in such
Industrial Property
manner as may be prescribed.

• Subject to the provisions of this Act, the Registrar may refuse the application or
may accept it absolutely or subject to such amendments, modification, conditions
or limitations, if any, as he thinks fit.
• In the case of refusal or conditional acceptance of application, the Registrar shall
record in writing the grounds for such refusal or conditional acceptance and the
materials used by him in arriving at this decision.
Withdrawal of Acceptance
Where the application for registration has been accepted by the Registrar but before its
registration, the Registrar is satisfied that the acceptance has been in error, or in the
circumstances such that the geographical indication should not be registered or should
be registered under conditions different from the conditions or limitations mentioned
in the application, the Registrar may withdraw the acceptance, after hearing the
applicant, if he so desires.
Advertisement of Application
Once the application for registration has been accepted, the Registrar advertises the
application, as accepted, together with conditions of acceptance. After the
advertisement, the registration can be opposed.
Opposition
Any person who wants to oppose the application for registration may file a notice of
opposition within three months from the date of advertisement or re-advertisement of
an application for registration or within a further period not exceeding one month, in
writing to the Registrar, and on payment of prescribed fees.
The Registrar serves a copy of the received notice on the applicant. The applicant
must send a counter-statement of the grounds on which he relies in support of the
registration application within two months of the receipt of the notice of the
opposition. The Registrar then sends a copy of the counter-statement made by the
applicant to the opponent. After hearing the parties and considering the materials and
evidence on record, he decides the matter. If the applicant fails to file a counter-
statement within two months, the application shall be deemed to have been
abandoned. The Registrar is empowered to make correction of any error and
amendments in an application.
In case of opposition to the application, if the opponent or the applicant neither resides
nor carries on business in India, the Registrar may require a security to cover cost of
proceedings before him. In the absence of such security, the opposition, or the
application, as the case may be, may be treated as abandoned.
Registration
Once an application has been accepted, the Registrar, unless otherwise directed by the
Central Government, registers the geographical indication and the authorised users, if
any, mentioned in the application. The date of filing of the application for registration
is treated as the date of registration. The Registrar then issues a certificate in the
prescribed form sealed with the seal of the Geographical Indications Registry each to
the applicant and the registered user(s). If the registration of a geographical indication
is not completed within twelve months from the date of application due to applicant’s
default, the application will be treated as abandoned after giving notice to the
applicant to complete the proceedings within the time limit as specified in the said
notice. The Registrar has the power to amend the register or the certificate of
registration for correcting any clerical error or an obvious mistake.
8
 Indian Law on
SAQ 2 Geographical
Depict the procedure of registration of geographical indication in India in a flow chart Spend " Indications

form. 5 min.

7.4 REGISTRATION AS AUTHORISED USER

Any person can apply for registration as an authorised user in respect of a registered
geographical indication, if the person claims to be a producer of goods covered under
the registered geographical indication. The application is to be made in writing in the
prescribed manner, accompanied by such statement and documents that are required
to determine whether such person is a producer of relevant goods.
The persons dealing with the following three specified categories of goods would be
held to be producer:

• In the case of agricultural goods if the person produces the same, including the
one who processes or packages such goods.
• In the case of natural goods, if the person exploits such goods.
• In the case of handicrafts or industrial goods, if the person makes, manufactures,
trades or deals in such production or exploitation or making or manufacturing of
the goods.

SAQ 3 Spend "

1 min.
Can a foreign citizen get registration as authorized user of GI in India?

7.5 REGISTER OF GEOGRAPHICAL INDICATIONS

The Register of Geographical Indications is a record kept at the head office of the
Geographical Indications Registry. All material particulars in respect of the registered
GI and the authorized users are kept in the register. The particulars are: the names,
addresses and descriptions of the proprietors and the authorized users; other
particulars that may be prescribed. The register(s) can be maintained wholly, or partly
in electronic form.
The Register has two parts: Part A contains particular of the GI; while Part B contains
particulars of the authorized users.
Such registers may be maintained wholly or partly on computer. The Registrar can
keep the records wholly or partly in computer floppies or diskettes or in any other
electronic form, subject to prescribed safeguards.
A copy of the register and such other documents as may be notified by the Central
Government in the official Gazette are kept at the GI Registry.

7.6 TERM AND IMPLICATIONS OF REGISTRATION

Registration is required both for a geographical indication as well as an authorised
user. A geographical indication is registered for a period of ten years. The registration
can be renewed from time to time for further ten years from the expiration of last
registration. An authorised user is registered for a period of ten years, or till the date
of expiry of the registration of the geographical indication for which the authorised
user is registered, whichever is earlier. For registration, or renewal of registration an
application is to be made in the prescribed format accompanied by the prescribed fee
in each case. If the registration is not renewed when due, the geographical indication
or the authorised user for it, as the case may be, is removed from the register.
However, the Registrar shall not remove the GI, or the authorised user from the
9
Protection of Other register if an application to continue the registration is made within six months from
Industrial Property
the expiration of the last registration. If a GI, or an authorised user has been removed
from the register from non-payment of the prescribed fee, an application can still be
made after six months and within one year from the date of expiration of the last
registration to the Registrar for renewal. The Registrar, if satisfied, may renew the
registration with, if necessary, limitations and conditions.
A GI that has been removed from the register for failure to pay the fee can still be
deemed to be a GI on the register, for the purpose of any application for the
registration of another GI, made during one year, next after the date of removal.
However, for this the tribunal is to be satisfied that (a) there has been bonafide use of
the removed GI within the two years immediately preceding its removal, or (b) that
deception or confusion is likely to arise from the use of the other GI for which
registration is now sought, by reason of any previous use of the removed GI.
Registration of a geographical indication is not mandatory under the Act. However, if
a geographical indication is registered, it affords a better legal protection to authorised
users in cases of infringement of registered geographical indication. No infringement
proceedings can be launched under the Act for an unregistered geographical
indication, either to prevent infringement or to recover the damages.
In case of two or more authorised users, they would have co-equal rights as against
other persons and no one will have the exclusive right to the use of any of those
geographical indications.
Any right to a registered GI is not the subject matter of assignment, transmission,
licensing, mortgage or any such agreement. But on the death of an authorised user,
the user’s right in a registered GI passes on to his successor.
Rights Conferred by Registration
The registered proprietor of a GI, and its authorised user(s) can obtain relief in respect
of infringement of the GI. The authorised user also gets the exclusive right to use the
GI in relation to the goods in respect of which the GI is registered, subject to any
limitations or conditions imposed while granting the registration.

7.7 INFRINGEMENT OF REGISTERED

GEOGRAPHICAL INDICATIONS AND APPEALS
What is Infringement?
A registered geographical indication is infringed by a person who, not being an
authorised user thereof uses such geographical indication by any means in the
designations or presentation of goods that indicates or suggests that such goods
originate in a geographical area other than the true place of origin of such goods in a
manner which misleads the persons as to the geographical origin of such goods.
Hence the infringement of registered GI occurs if a person:

• Uses the GI on the goods or suggests that such goods originate in a geographical
area other than the true place of origin of such goods in a manner which misleads
the public; or

• Uses the GI in a manner that constitutes an act of unfair competition; or

• Uses another GI to the goods in a manner which falsely represents to the public
that the goods originate in the territory, region or locality in respect of which such
registered GI relates.

10
Suit and Relief for Infringement Indian Law on
Geographical
A suit for infringement or passing off arising out of the use by the defendant of a Indications
registered GI is to be instituted in a District Court having jurisdiction to try the suit.
Section 67 of the Indian GI Act provides for relief in case of infringement. The court
can grant to the plaintiff relief in the form of injunction and, at the option of the
plaintiff, either damages or account of profits together with any order for destruction
or erasure of infringing labels and indications, if necessary.
However, the court shall not grant relief by way of damages on account of profits, if
the defendant satisfies the court that he was unaware and had no reasonable ground to
believe that the GI, complained of, was on the register in the name of plaintiff and that
when he became aware of the existence and nature of the plaintiff’s right in the
geographical indications, he forthwith ceased to use it.
Appeal
Appeals against an order or decision of the Registrar or the Rules framed under the
Act lie to the Intellectual Property Appellate Board, established under the Trademark
Act, 1999. The aggrieved person may prefer an appeal to the Appellate Board
normally within three months from the date on which the order or decision is
communicated. After this period, no appeal is admitted.
The Appellate Board can grant a certificate of validity of a registered GI, or an
authorized user. If in a subsequent legal proceeding the question of validity comes up,
the registered proprietor or the authorized user can recover the full cost and expenses
as between a legal practitioner and his client.

7.8 PROTECTION OF CERTAIN TRADEMARKS

The Act prohibits registration of a geographical indication as a trademark. However,
it protects a trademark which contains or consists of a geographical indication under
certain conditions. These are:

• The application for its registration has been filed, or it has been registered in good
faith under the law relating to trade marks; or
• The rights to such trademark have been acquired through use in good faith before
the commencement of the GI Act, or before the date of filing of the application for
registration of the GI under this Act; or
• The right of a person to use his name, or the name of the predecessor, in business
is protected, if it does not cause confusion or mislead the public; or
• No action can be taken in connection with the use or registration of a trademark
even if considered infringing of a GI after five years of its coming to the notice of
the registered proprietor or an authorised user.

7.9 OFFENCES AND PENALTIES

What Amounts to an Offence?
A person will be considered to have committed offence under the GI Act in the
following circumstances:
i) falsely applying geographical indication;
ii) falsifying a geographical indication.
Under the GI Act, applying a geographical indication has specific meaning. A person
is deemed to apply a geographical indication to goods in any of the following
situations:
11
Protection of Other • The GI is applied to goods themselves or to any package in which goods are sold,
Industrial Property
or is possessed for any purpose of trade or manufacture;

• If any goods meant for sale or any purpose of trade or manufacture are enclosed
with any package or thing for which a GI has been applied;

• Using a GI in connection with goods in any manner likely to lead to the belief that
the GI designates or describes the said goods; or

• Using a GI in relation to certain goods in any commercial document (including

advertisement, invoice, catalogue, business letter etc.) and delivering the goods to
a person following a request made with reference to the GI so used.
A GI is considered to be applied to goods when it is woven in, or impressed on, or
otherwise worked into or annexed or affixed to the goods or to any package or other
thing.
A person will be held to falsify a geographical indication if he
i) applies that geographical indication or a deceptively similar geographical
indication without the assent of the authorised user; or
ii) falsifies any genuine geographical indication by alteration, addition, effacement,
etc.
Further, a person is held to falsely apply a geographical indication to goods if without
the assent of the authorised user, he
i) applies such geographical indication or a deceptively similar geographical
indication to any goods or any package containing goods; or
ii) uses any package bearing a geographical indication which is identical with or
deceptively similar to the geographical indication of such authorised user for the
purpose of packing, filling or wrapping therein any goods other than the genuine
goods of the authorised user of the geographical indication.
In a prosecution for falsifying or falsely applying a geographical indication to goods,
the burden of proving the assent of the proprietor lies with the accused.
Penalty for Offences
The punishments for the offences committed by the accused are as under:
For applying false geographical indications:
A person who does any of the following things will be punishable with imprisonment
for a term between six months and three years and a fine between fifty thousand
rupees and two lakh rupees.
i) falsifies any geographical indication; or
ii) falsely applies to goods any geographical indication; or
iii) makes, disposes of, or has in possession, any die, block, machine, plate or other
instrument for the purpose of falsifying a geographical indication, or
iv) applies to any goods a false indication of country, place, manufacturer’s name or
address; or
v) tempers with an indication of origin applied to any goods.
However, no punishment will be given if he proves that he acted without intent to
defraud. The court may award a lesser term of imprisonment, and a lesser fine if there
are adequate and special reasons to be recorded in the judgment.
12
For Selling Goods to which False Geographical Indication is Applied Indian Law on
Geographical
A person who sells or lets for hire, or has in possession for sale, goods or things to Indications
which any false geographical indication is applied is punishable with imprisonment
for a term which is not less than six months but may extend to three years and with
fine ranging from fifty thousand to two lakh rupees. The court may reduce the term of
imprisonment or the amount of fine below the minimum as prescribed if adequate
special reasons exist. These reasons are to be mentioned in the judgment. However, it
is open to the alleged offender to prove that at the time of the alleged offence that all
reasonable precautions against committing such offence had been taken, and there was
no reason to suspect that the GI was not genuine or that any offence had been
committed in respect of the goods.
There is a provision of enhanced penalty on second or subsequent conviction for the
second and every subsequent offence. The period of imprisonment is between one and
three years accompanied by a fine of one to two lakh rupees.
However, the court may, for adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term of less than one year or a fine
of less than one lakh rupees.
For Falsely Representing a Geographical Indication as Registered
A person shall be punishable with imprisonment for a term which may extend to three
years, or with fine, or with both for making any representation falsely representing a
geographical indication as registered geographical indication.
For Improperly Describing a Place of Business as Connected with the
Geographical Indications Registry
If any person uses on his place of business, or on any document issued by him, or
otherwise, words which would reasonably lead to the false belief that his place of
business is, or is officially connected with the Geographical Indications Registry, he
shall be punishable with imprisonment for a term which may extend to two years, or
with fine, or with both.
For Falsification of Entries in the Register
A person who makes or causes to be made a false entry in the Register of the
Geographical Indications shall be punishable with imprisonment for a term which may
extend to two years, or with fine, or with both.
Acts Not Constituting Offence
No act or omission shall be deemed to be an offence relating to a registered
geographical indication if the act or omission is permitted under the Act, or under any
other law in force.
Offences by Companies
If a company commits on offence under the Act, the company and every person in-
charge of, and responsible to, the company for the conduct of its business at the time
of offence shall be deemed to be guilty and liable to be prosecuted and punished.
However, if such person proves that the offence was committed without his
knowledge and that he exercised all due diligence to prevent the commission of the
offence, he shall not be liable to any punishment.
If it is proved that the offence was committed with the consent or connivance, or is
attributable to the neglect of any Director, Manager, Secretary or any other officer he
shall be deemed guilty of the offence.

13
Protection of Other Limitation Period for Initiating Prosecution
Industrial Property
The Act places a time limit of three years for initiating prosecution after the
commission of the offence charged or two years after the discovery thereof by the
prosecutor, whichever expiration first happens.

7.10 RECIPROCITY AND PROHIBITION ON

REGISTRATION
The Act provides for reciprocal treatment of foreign nationals. It gives equal rights to
nationals of a foreign country as available to Indian nationals in respect of registration
and protection of geographical indications if their country accords the same rights to
Indian nationals as to its own nationals. However, if a country does not give the same
rights to the citizens of India as it gives to its own nationals, its nationals are not
entitled to apply for registration of, or be registered as the proprietor or an authorised
user of a geographical indication.
Section 9 of the Indian GI Act, 1999 provides for prohibition on registration of certain
geographical indications under certain conditions. The Act prohibits registration of GI
falling into following categories:

• The use of which would be likely to deceive or cause confusion; or

• The use of which would be contrary to any law in force; or
• Which comprises or contains scandalous or obscene matter; or
• Which comprises or contains any matter likely to hurt the religious susceptibilities
of any class or section of the citizens of India, or
• Which would otherwise be disentitled to protection in a court; or
• Which are determined to be generic names or indications of goods and are,
therefore, not protected in their country of origin, or which have fallen into disuse
in that country; or
• Which, although literally true as to the territory, region or locality in which the
goods originate, but falsely represent to the public that the goods originate in
another territory, region or locality, as the case may be.

" Spend SAQ 4

5 min.
Mark the following statements as True (T) or False (F):
i) A country, member of WTO, can seek protection for its GI in other member-
countries of the WTO, irrespective of whether such GI is protected in its home
country.
ii) A geographical indication has to be the name of a country, region or locality.
iii) A GI which has been removed from the register for failure to pay the fee can still
be deemed to be a GI on the register, under certain conditions for the purpose of
any application for registration of another GI.
iv) A right to a GI can be assigned to another party like right in any other intellectual
property.

7.11 MISCELLANEOUS PROVISIONS

No suit or legal proceedings shall lie against any person in respect of anything done in
good faith in pursuance of the Act. If in a suit for infringement, the defendant pleads
that the registration of the GI was invalid, the court trying the suit shall stay the
14
proceedings, if any, pending before the Registrar or the Appellate Board, till the final Indian Law on
Geographical
disposal of such proceedings. If no such proceedings are pending, and the court finds Indications
the plea of invalidity of registration as prima facie tenable, the court will adjourn the
case for a period of three months to enable the party to apply to the Board for
rectification of the register, the court may extend the period of adjournment, if the
party makes such application, till the disposal of the rectification proceedings.
The GI Act contains provision against groundless threats of legal proceedings.
The Act makes following documents open to public inspection:

• The register and any document upon which any entry in the register is paste;
• Every notice of opposition to the registration of a GI, application for rectification,
counter-statement thereto, and any affidavit or document filed by the parties in
any proceedings before the Registrar;
• Indexes of (i) registered GIs, (ii) GIs in respect of which applications for
registration are pending, (iii) the names of the proprietors of registered GIs and
(iv) the names of authorized users; and
• Such other documents as the central government may specify by the notification
in the Official Gazette.
Power of the Registrar
In all proceedings under the GI Act before the Registration, the registrar has all the
powers of a civil court for the purposes of receiving evidence, administering oaths,
enforcing the attendance of witnesses, compelling the discovery and production of
documents and issuing commissions for examining the witnesses. The Registrar can
order costs he may consider reasonable; it will be executable as a decree of a civil
court. The Registrar may, on an application, review his own decision. If the Registrar
is of the opinion that an applicant has defaulted in pursuing his application, he may
require the applicant to remedy the defect within a given time, failing which the
application may be treated as abandoned.

7.12 SUMMARY
Let us now summarize the points covered in this unit.

• Geographical Indication identifies a good as originating or manufactured in the

territory of a country or region; where a given quality, reputation or characteristic
of the good is attributable to its geographical origin.

• For registering the geographical Indication, an application is filed with the

Registrar of GI.

• Any association of persons or producers or organizations or authority established

under the law representing the interest of the producers can apply for the GI
registration.

• Once the application of GI is accepted, it is advertised by the Registrar.

• This acceptance can be opposed within three months of advertisement.

• After acceptance of application, and resolving the opposition, if any, the GI is

registered in the name of applicant.

• It is necessary to obtain a separate registration of authorized user for any

registered GI.

15
Protection of Other • The term of registration in the first instance is for 10 years and can be renewed
Industrial Property
from time to time for further 10 years.

• Falsely applying GI and falsifying a GI amount to offence.

• The penalty for offence may include imprisonment and/or fine.

7.13 TERMINAL QUESTIONS Spend 25 min.

1. Why is it necessary to protect GIs as intellectual property?

2. Why was it necessary for India to enact a comprehensive legislation for protection
of GIs?
3. What is meant by falsifying a geographical indications and falsely applying a
geographical indication?
4. What are the penalties prescribed under the India’s GI Act for falsifying and for
falsely applying a GI?
5. What constitutes infringement of a geographical indication under the GI Act?
What relief is available to an authorized user in a suit of infringement of GI?

7.14 ANSWERS AND HINTS

Self Assessment Questions
1. Some well-known examples of Indian geographical indications are:
Dehradun Basmati Rice; Kancheepuram Silk; Alphonso Mango; Agra Petha;
Darjeeling Tea; Kashmiri Saffron; Bikaneri Bhujia; Kashmiri Carpets; Kashmiri
Pashmina; Kolhapuri Chappals; Banarasi Silk.

16
2. Indian Law on
Application filed by interested parties Geographical
Indications

Examination of applications
by the Registrar, issue of
objections and receipt of
inputs from the applicant

Acceptance by Registrar

Withdrawal
Y
of
acceptance?

Advertisement of
acceptance

Opposition
to Y
acceptance?
Applicant’s counter
statements within
N two months

Hearing of both
parties

Y Acceptance? N

Registration of GI
3. Yes.
4. i) False ii) False iii) True iv) False
Terminal Questions
1. Refer to Sec. 7.1.
2. Refer to Sec. 7.1.
3. Refer to Sec. 7.9.
4. Refer to Sec. 7.9.
5. Refer to Sec. 7.7.
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