The Basmati Case

Basmati A variety of Rice from Punjab Province of India & Pakistan The Rice a slender, Aromatic, long grain Variety originated in this region major export crop for both countries annual exports worth $ 300m represent the livelihood of thousands of farmers The Battle of Basmati started in 1967 RiceTec Inc, USA awarded a patent US 5663484 relating to plants & seeds seeking monopolies various rice lines including some characteristics similar to Basmati lines Concerned with potential effects on exports requested re-examination In 2000 India

The Basmati Case

(Contd..)
those covering

The patentee withdraw a number of claims those covering basmati type lines Further claims withdrawn The dispute - from patent

concerned raised by USPTO the misuse of the name Basmati

In some Countries the terms Basmati only to long grain aromatic rice grown in India and Pakistan RiceTec for registration of trademark Taxmati in UK claiming Basmati generic term successfully opposed a code of Remarketing of rice established in UK similar regulations in Saudi Arabia the World s largest importer of Basmati rice

The Basmati Case

(Contd..)

The code the belief in consumer, trade and Scientific circles the distinctiveness of authentic Basmati rice only from northern regions of India & Pakistan unique and Complex combination environment, soil, climate, agricultural practices, genetics of Basmati varieties In 1998 US Rice Federation a type of aromatic rice term Basmati generic

A Collective US & Indian Civil socitey organisations petition preventing US-grown rice being advertised with the word Basmati In May 2001, US Deptt of Agriculture/ US Federal Trade Commission rejected

) Held neither labeling of rice as American-grown Basmati misleading deemed Basmati a generic term The Problem not limited to US Australia.why no action against gradual adoption of generic status of Basmati over last 20 years why no formal protest US Federal Trade Commission declared basmati generic . Thailand and France also growing take a lead officially deemed basmati a generic term The name Basmati can be protected Geographical Indication registering it as a But India explain . Eqypt.The Basmati Case (Contd..

counterfeiting or forgery Their protection national as well as international highly desirable . thus valuable commercial asset Often exposed to misappropriation.Advantage     One function of these names-their geographical connotation Geographical indications acquire high reputation.

International Scenario    Hardly any category of IP law containing such a variety of concepts of protection The Paris Convention notion of geographical indication missing However Article 1 para (2) defines as subject of IP  Indication of Source and  Appellations of origin .

Cognac brandy French region around the town of Cognac Geographical name of a country. a region or a specific place Champagne a special kind of sparkling wine originate Champagne region of France.Distinction  Indication of Source:   Any expression or sign used to indicate a product or service originates in a country . region or specific place serving to designate a product originating therein the characteristic qualities due exclusively or essentially to geographical environment including natural or human factors or both natural and human factors  Appellation of origin:  .

Differnce (Contd..)      Use of an appellation of origin quality link product and its area of production Use of an indication of Source merely subject to condition product in question originates from the place designated by the indication of source Appellations of origin special kind of indication of source Traditionally indication of source comprises all appellations of origin Generally rather a designation for all those indications of source not considered to be appellations of origin .

Geographical Indications also Appellations of Origin (Examples) Bordeaux Wine Stilton Cheese Roquefort Cheese Champagne Sheffield Steel Stilton way Cheese is made not where originates Sheffield Steel a geographical indication not claim qualities situation of Sheffield .in the north of England .

Progress      Geographical Indication as chosen by WIPO subject matter of a new treaty for international protection of names and symbols indicating a certain geographical origin of a given product Used in its widest possible meaning Embraces all such existing means of protection regardless whether they indicate qualities due to its geographical origin or merely indicates the place of origin Also covers symbols capable of indicating the origin without literally naming its place of origin Examples: Eiffel Tower for Paris. the Matterhorn for Switzerland or the Tower Bridge for London .

no owner sense one person/enterprise exclude other from use of a GI but each and every enterprise in the area right to use said indication products originating said area but subject to compliance with certain quality requirements as prescribed.GI v/s Trademark   Trdemark identifies the enterprise offers certain products or services on the market A Geographical indication identifies a geographical area one or several enterprises located produce the kind of product GI is used. Champagne all wine growers but Moet its Champgne Moet .

Protecting GI against becoming generic expressions lose all their distinctiveness protection  lose .Meaning of protection of Geographical Indications  Right to prevent unauthorized persons from using GI for products not originating from geographical place indicated or not complying with the prescribed quality standards.

Meaning (Contd. also used for wines not originating from French area of production . certain quality Whereas in USA regarded as being semi generic names.regarded in one country a GI and is protected Whereas consider in other country a generic or semigeneric term Examples for such diverging treatment of G names Champagne and Chablis in France for products originating from a certain geographical area..)      Whether a geographical indication generic term void of any protection ? To be determine by national law A GI .

g. Russian Law or the French Law of 1919 .Various Forms at National Level     Three main categories: Protection not based on a decision taken by the competent authority but from the direct application of legislative provisions or principles of Jurisprudence Through registration of collective marks (including agricultural labels) or certification marks (or Guarantee marks) All special titles of protection decision made by the competent government authority comprises the protection of appellations of origin e.

Special Titles of Protection     Protection of indication of Source false or deceptive use insufficient Besides the need for protection encouragement of local. same or similar system introduced other country the sector of wines and spirits . traditional methods of production emerged In France. First statute protection of GI through a special title of industrial property appellations of origin Because of success of the French appellations of origin.

owned by the association grants exclusively grants its members right to use Certification marks owned by a certification authority ensures goods bearing the mark possess the certified qualities Used to certify inter alia the origin of products or services .Registration of Collective Marks or Certification Marks     Provides a means for the protection of GI independent of Statutory or Judicial measures Collective mark use by the members of collective body an association or cooperative.

The Law of Unfair Competition     Use of certain GI for goods or services not originating misleading deceive consumers A misappropriation of the goodwill of a person entitled use the GI An action for unfair competition Conditions for a successful action vary from country to country. following basic principles recognized    Acquired certain reputation or goodwill Use misleading Proof of damages or likelihood of damages required .

Article 3. Article 2(2). Article 4 The Lisbon Agreement for the Protection of Appellations of Origin and their international Registration : Article 1(2). Article 10(2)   The Madrid Agreement for the Repression of False and Deceptive Indications of Source on Goods : Article 1(1). Article 10(1). Article 2(1). Article 3 . Article 5(1).Protection of Geographical Indications through Multilateral Treaties  The Paris Convention for the Protection of Industrial Property : Article 1(2). Article 5(3) to (5). Article 5(6). Article 9(3).

Geographical Indications and TRIPS The negotiations most difficult proponents US and EU clear division main In subsequent discussions in TRIPS council emerges divisions developed and developing countries The outcome current text of TRIPS a basic standard of protection a higher standard for wines and spirits Higher Standard not reflect unique characteristics of wines and spirits rather compromise reached This imbalance demands additional protection number of countries including India. Kenya. Pakistan. Mauritius and Sri Lanka .

Chile and Gautamala argument extending the additional protection impose extra financial and administrative burden other WTO members outweigh any trade benefit Such burden fall heavily developing countries Difficult to evaluate the merits both sets of arguments of course reflect differences perceived economic interest both developed and developing countries Requires further negotiations TRIPS Council a multilateral register of geographical Indications for Wines ..) Other Countries Argentina.Geographical Indications and TRIPS (Contd.

Canada.Geographical Indications and TRIPS (Contd. Chile and Japan . The Hungarian Proposal and Joint Proposal by US.a system includes spirits the purpose not clearly defined Group of Countries differ some full international register all member countries obliged protection to geographical indications meeting the requirements for registration Others as a voluntary system of registration information source of To date three different proposals EU Proposal..) The Doha Ministerial Conference extended this mandate .

) The EU a register effective for all WTO members irrespective any geographical indications included on the register Any WTO member wish to challenge any inclusion notify the country concerned enter into negotiations for resolving the disagreement The Hungarian Proposal any inclusion successfully challenged certain specified grounds that geographical indication need not to be protected other WTO members In both these two proposals presumption of eligibility any legal means in any WTO members .Geographical Indications and TRIPS (Contd..

Geographical Indications and TRIPS (Contd..)
By Contrast the Joint Proposal Japan a system of registration seeking to participate US, Canada, Chile and binding only those

Participating members make use of register e.g. examining trademark applications containing /consisting of - a geographical indications Non- participating members use register Negotiations on the register encouraged to make similar to be completed

Indian Scenario    

In respect of any agricultural goods, natural goods, manufactured goods including food stuff, goods of any handicraft no specific Law governing geographical indications of such goods Under TRIP, no country under obligation to extend protection unless GI protected in the country of its origin India required to offer protection imported from other countries Necessary to have a comprehensive legislation for registration providing adequate protection for geographical indications; hence the bill

Salient Features 
  

       

Definitions of Several Important Terms Establishment of a GI Registry Maintenance of a Register of GIs in two Parts Part A and Part B Registration in specified classes Prohibition of registration of certain GI Compulsory advertisement Registration of Authorized Users Renewal, rectifications and restoration Prohibition of registration of GI as a trade mark; Offences and penalties Effects of registration and rights conferred by it. and many more ..

ACT 48 of 1999      The Geographical Indications of Goods (registration and Protection) Bill. Came on the statute Book as THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT. 1999 was introduced After having passed by both the houses of Parliament in December 1999 received the assent of the President. 1999 To be administered by the Controller General of Patents. Designs and Trademarks Registrar of Geographical Indications The Geographical Indications Registry at Chennai .

reputation or other characteristics of such goods Essentially attributable to its geographical origin And in case where such goods are manufactured goods One of the activities of either production or of processing or preparation of goods concerned Takes place in such territory. or a region or locality in that country Where a given quality.Geographical Indication (Definition)         As per sec 2(e): An indication which identifies such goods as agricultural goods. natural goods or manufactured goods as Originating or manufactured in the territory of country. region or locality as the case may be .

What is a Geographical Indication (GI)?  Geographical Indication is in relation to goods    Agricultural goods Natural goods Manufactured goods    Goods of Handicraft Industrial goods Foodstuff .

Agricultural Goods Alphanso / Dasheri / Langda Mango .

The traditional processes are still looks better than what we call it modern method. tested and verified. Medicinal and Herbal plants in bio-diversity area. Produced good oil / pest etc. Jharkhand Iron ore processing upto 99.India has peculiar human skills (tools and techniques). These skills have been tried. Examples:  Tribals produce very high quality of Tin from Cassiterite mineral in Bastar Dist with traditional processes but better purity.99% purity by local people with local skill.    .

Natural Goods Mining of Goa Iron Ore .

Surface Diamond Mining Tools in Panna It is traditional diamond picking way by locals .

Handicrafts Special Wood Works from NE Region Special Tools and Material .

Handicrafts Special Wood Works from Nagaland Special Tools and Material .

This is often used for making mats. Imphal valley of Manipur is the centre for kauna crafts. . Chairs.Handicrafts Kauna (Water Reed) Crafts Manipur Kauna is a type of reed usually grown in the wetlands and marshes. coasters. bags. moorah etc. This product is in great demand. cushion.

Materials and Skills Madhubani painting. Dharbhanga .

Handicrafts Jaipur blankets Human Skills .

HANDICRAFTS BHADOHI CARPET Tools and Skills .

Food Item Bengal Rasgulla Materials and Skills .

Logo Any Combination of name and figure .g.What is a GI (contd.)  Indication    Any Name (includes abbreviation) Geographical or Figurative representation e.

or region or locality in the territory .What is a GI (contd.)   As originating or Manufactured    in the territory of a country.

)  where a given    quality reputation or other characteristic of such goods  Is essentially attributable to its geographical origin .What is a GI (contd.

What is a GI (contd.)   And in case of manufactured goods One of the activities of    Either production or Of processing Or preparation Such territory Region locality  Takes place in    .

) Any name which is not the name of a country. region or locality of that country shall also be considered as a geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country. .What is a GI (contd. region or locality.

Who Can Register? Any association of persons or producers or any organization or authority established by or under law representing the interest of producers of the concerned goods .

Producer  Agricultural goods    Producer Processor Packager Exploiter Manufacturer  Natural Goods   Manufactured Goods  .

producers. . organizations or authority established by or under law The applicant represent the interest of producers The application in writing prescribed form The application addressed to the registrar along with prescribed fee.Who Can Apply?     Any association of persons.

natural or manufactured goods originating in the said area Originates from a definite territory in India Should have a special quality or characteristics or reputation based on the climatic or production characteristics unique to the geographical location .What does it Imply     An indication or appellation of origin Used to identify agricultural.

Goodwill Protection of Quality Protection of the Original Product Advances in Plant Breeding and Biotechnology Protection of Traditional Knowledge .Why GI Protection  Cultural Argument        Community Property Matter of National Pride Protection of Reputation.

eg partnerships Important Role in Rural Development Employment Generation .Why GI Protection (contd.Supply Advantages of Premium: Niche Market Consumer Perception of Genuineness of goods Higher Prices Attracting Foreign Investors.)  Economic Argument         Protection Against Unfair Competition Demand vs.

Why GI Protection (contd.)    International Commerce TRIPS obligation No protection if not protected in the country of origin .

Examples of Possible GIs in India          Basmati Rice Darjeeling Tea Kanchipuram Silk Saree Alphonso Mango Nagpur Orange Kolhapuri Chappal Bikaneri Bhujia Rampur Knife Aligarh Lock etc. .

Benefits of Registration      Confers legal protection to geographical Indications in India Prevents unauthorized use of a registered geographical indications by others Boosts exports of Indian geographical indications by providing legal protection Promotes economic prosperity of producers Enables seeking legal protection in other WTO member countries .

conform to the international classification of goods Any question arising classification of goods or determination of the definite area to be determine by the Registrar final decision . or a region or locality Classification shall as far as possible. comprised in such class of goods and in respect of a definite territory of country.Conditions for Registration  (Sec 8)   May be registered in respect of any or all of the goods.

Part A and Part B of the Register(sec 7)    The Register two parts Part A and Part B The Particulars relating to the registration of the geographical indications Part A of the register The particulars relating to the registration of the authorized users Part B of the register .

Prohibition of Registration      (sec 9) Seven Categories:Use likely to deceive or cause confusion Use contrary to law in force Comprises or contains scandalous or obscene matter Contains any matter likely to hurt the religious susceptibilities of any class or section of citizens Otherwise be disentitled to protection in a court Determined to be generic names or indications of goods or cease to be protected in their country of origin Literally true as to the territory. region or locality but falsely represent to the persons that goods originate in another territory. region or locality    .

in which goods originate or being manufactured The particulars regarding GI comprised of the words or figurative element or both A statement containing particulars of producers .Application for Registration  Any association of person producers or any organization desirous of registering a GI   Apply in writing in the prescribed form Accompanied by the prescribed fee.. region . The application shall contain      A statement as to how GI serves to designate the goods as originating from the concerned Territory Class of goods to which GI shall apply The geographical map of the territory.

shall records in writing the grounds and material relied upon in arriving such decision . that particular territory is situated Every application examined May refuse or accept absolutely or subject to amendments..)      A single application for different classes of goods and fee shall be in respect of each such class of goods Filed in the office of GI Registry within whose territorial limits. modifications.Application for Registration (Contd. conditions as think fit In case of refusal or conditional acceptance.

.

The Registration Procedure Filing an application Opportunity For hearing Appeal To IPAB Examination Objections Refused Acceptance Advertised in The GI Journal Opposition. GI entered in Part A Of the register . If any Acceptance Of GI Particulars of regd. Authorized user entered In Part B of the register Allowed or refused Entered in the GI Register Registration Certificate issued Particulars of regd.

THE APPLICANT MUST REPRESENT THE INTEREST OF THE PRODUCERS. . ORGANISTION OR AUTHORITY ESTABLISHED BY OR UNDER LAW.Who can Apply ?   ANY ASSOCIATION OF PERSONS. PRODUCERS.

SHOULD BE SIGNED BY APPLICANT OR BY HIS AGENT. .How to Apply ?    APPLICATION SHOULD BE MADE IN THE PRISCRIBED FORM. APPLICATION SHOULD BE IN TRIPLICATE ALONG WITH STATEMENT OF CASE IN TRIPLICATE AND FIVE ADDITIONAL REPRESENTATION.

000/GI-1(B):. Rs. Rs.FOR EACH CLASS.5. GI-1(D):.Forms and Fees     GI-1(A):. .GOODS IN DIFFERENT CLASSES FROM A CONVENTION COUNTRY.5.000/FOR EACH CLASS.GOODS IN DIFFERENT CLASSES.5.5. Rs.GOODS IN SINGLE CLASS FROM A CONVENTION COUNTRY.GOODS IN SINGLE CLASS. Rs.000/.000/GI-1(C):.

.Statement of Case  A STATEMENT AS TO HOW THE GEOGRAPHICAL INDICATION SERVES TO DESIGNATE THE GOODS AS ORIGINATING FROM THE CONCERNED GEOGRAPHICAL AREA IN RESPECT OF SPECIFIC QUALITY. REPUTATION OR OTHER CHARACTERISTICS WHICH ARE DUE EXCLUSIVELY OR ESSENTIALLY TO THE GEOGRAPHICAL ENVIRONMENT WITH ITS INHERENT NATURAL AND HUMAN FACTORS AND THE PRODUCTION. PROCESSING OR PREPRATION OF WHICH TAKES PLACE IN SUCH GEOGRAPHICAL AREA.

Statement of Case    DESCRIPTION OF GEOGRAPHICAL AREA OF PRODUCTION. MAP OF THE AREA WITH LATTITUDE AND LONGITUDE AND ATTESTED BY COMPETENT AUTHORITY. BRIEF DESCRIPTION OF GOODS. .

I.I WITH SUPPORTING DOCUMENTS.Statement of Case    PROOF OF ORIGIN A BRIEF HISTORY OF THE ORIGIN AND EVOLUTION OF THE G. METHOD OF PRODUCTION OF THE GOODS. . UNIQUENESS    UNIQUE GEOGRAPHICAL ENVIRONMENT ISPECIAL HUMAN SKILLS OTHER INHERENT CHARACTERISTICS ASSOCIATED WITH G.

INTEGRITY AND CONSISTENCY OR OTHER SPECIAL CHARACTERISTIC IN RESPECT OF THE GOODS ARE MAINTAINED BY THE PRODUCERS. QUALITY.Statement of Case  INSPECTION STRUCTURE PARTICULARS OF THE MECHANISM TO ASSURE THAT THE STANDARD. .

Details of the Applicant   DETAILS OF ALL THE APPLICANT TOGETHER WITH ADDRESS SHOULD BE GIVEN.I. IF THERE IS A LARGE NUMBER OF PRODUCERS A COLLECTIVE REFERANCE TO ALL THE PRODUCERS CAN BE MADE IN THE APPLICATION AND THE G. WILL BE INDICATED ACCORDINGLY IN THE REGISTER. IF REGISTRED. .

Additional Representation       REPRESENTATION OF THE G. NAME AND ADDRESS OF THE APPLICANT AND AGENT IF ANY. PERIOD OF USE. SPECIFICATION OF GOODS.I. SHOULD BE SIGNED BY APPLICANT OR AGENT. . CLASS OF GOODS.

. .AN ENDORSMENT SHOULD BE MADE IN THE APPLICATION FORM AND ADDITIONAL REPRESENTATION TO THAT EFFECT.I CONTAINS A WORD OR WORDS IN CHARACTER OTHER THAN ROMAN OR DEVNAGARI.SUFFICIENT TRANSLATION AND TRANSLITERATION SHOULD BE GIVEN. .Translation and Transliteration  IF A G.

AFFIDAVIT SHOULD BE PROPERLY STAMPED.Affidavit   AN AFFIDAVIT AS TO HOW THE APPLICANT CLAIM TO REPRESENT THE INTEREST OF THE ASSOCIATION OF PERSONS OR PRODUCERS OR ANY ORGANISATION OR AUTHORITY ESTABLISHED BY OR UNDER ANY LAW SHOULD ACCOMPANY THE APPLICATION. .

I CHENNAI AND PAYABLE AT CHENNAI.Payment of Fee  FEE MAY BE PAID  1) CASH 2) MONEY ORDER ADDRESSED TO REGISTRAR OF GI CHENNAI. 3) CHEQUE OR DEMAND DRAFT DRAWN ON A SHEDULED BANK IN FAVOUR OF REGISTRAR OF G.   .

PARTNERSHIP ANY ONE OF THE PARTNERS. .Signing of the Documents  APPLICATION SHOULD BE SIGNED BY AUTHORISED SIGNATORY.    BODY CORPORATE CHIEF EXECUTIVE OR MANAGING DIRECTOR. ORGANISATION OR AUTHORITY SECRETORY OR OTHER PRINCIPAL OFFICER.

. NAME OF THE SIGNATORY SHOULD BE GIVEN IN HINDI OR ENGLISH IN BOLD LETTERS ALONG WITH THE SIGNATURE.Signing of the Documents   CAPACITY OF THE SIGNATORY SHOULD BE STATED BELOW THE SIGNATURE.

GST ROAD.Where to Sent ?  THE APPLICATIONS SHOULD BE ADDRESSED TO : THE REGISTRAR OF GEOGRAPHICAL INDICATION GEOGRAPHICAL INDICATIONS REGISTRY IPR OFFICE BUILDING.in .net Web site : girindia. GUINDY. CHENNAI 600 032. E-MAIL : girindia@vsnl.

. ONE MONTH TIME WILL BE GIVEN TO REMEDY THE DEFICIENCIES IF ANY.Preliminary Scrutiny  A SCRUITINY OF THE APPLICATION WILL BE DONE AFTER THE RECEIPT OF THE APPLICATION AND A REPORT WILL BE SENT TO THE APPLICANT.

.Consultative Group  A CONSULTATIVE GROUP OF A MAXIMUM OF SEVEN MEMBERS UNDER THE CAHIRMANSHIP OF THE REGISTRAR OF GEOGRAPHICAL INDICATIONS SHALL BE FORMED TO ASCERTAIN THE CORRECTNESS OF THE PARTICULARS FURNISHED IN THE STATEMENT OF CASE BY THE APPLICANT.

Examination Report 

AN EXAMINATION REPORT SHALL BE ISSUED TO THE APPLICANT UPON THE RECOMMENDATIONS OF THE CONSULATIVE GROUP.

Advertisement 

IF THE APPLICATION IS ACCEPTED THE SAME WILL BE ADVERTISED IN THE GEOGRAPHICAL INDICATIONS JOURNAL, THE OFFICIAL JOURNAL OF THE GEOGRAPHICAL INDICATIONS REGISTRY.

Notice of Opposition 

IF ANY BODY WANTS TO OPPOSE THE REGISTRATION OF A GEOGRAPHICAL INDICATION; HE HAS TO FILE THE NOTICE OF OPPOSITION WITHIN THREE MONTHS OR WITHIN SUCH FURTHER PERIOD NOT EXCEEDING ONE MONTH IN THE AGGREGATE FROM THE DATE ON WHICH THE JOURNAL WAS MADE AVAILABLE TO THE PUBLIC.

.Registration  IF NO NOTICE OF OPPOSITION OR APPLICATION FOR EXTENSION OF TIME FOR FILING NOTICE OF OPPOSITION IS RECEIVED WITH IN THE THREE MONTHS PERIOD. THE REGISTRAION CERTIFICATE WILL BE ISSUED. REGISTRATION IS VALID FOR 10 YEARS WHICH IS LIABLE TO BE RENEWED AFTER EVERY 10 YEARS.

date of making application date of registration On registration issue a certificate sealed with the seal of GI Registry Where registration not completed within 12 months.Registration  When an application for registration of a GI has been accepted and either   The application -not opposed and the time for opposition .expired The application . notice to the applicant treat the application as abandoned .opposed and the opposition decided .favour of applicant    The registrar register the said GI and authorized users if any mentioned in application.

organization or authority established by or under the law a registered proprietor Their name should be entered the Register as registered proprietor the Geographical Indication applied for.Who is a registered Proprietor ?   Any association of persons. . producers.

examination. correction and registration shall apply application and registration of authorized user .Who is an authorized User?  (sec 17)   A producer of goods apply for registration as an authorized user Apply in writing in the prescribed form with prescribed fee The provision relating to filing. opposition. advertisement. refusal and acceptance.

trading or dealing Handicrafts or Industrial goods including making. trading or dealing . manufacturing.Who is a Producer ?  A producer a person dealing with three categories of goods    Agricultural goods including the production. processing. trading or dealing Natural Goods including exploiting.

Duration of Registration  (sec 18)   The registration for a period of 10 years Renewal possible further periods of 10 years each Not renewed liable to be removed from the register .

legal protection facilitate an action for infringement Nothing deemed to affect the right of action any person passing off goods goods of another person .Effect of Registration (sec 20)    No person entitled to institute any proceeding to prevent. the infringement of an unregistered GI Though not compulsory. registration affords . or to recover damages for.

Rights conferred by Registration (sec 21)     The registered proprietor authorized users initiate infringement action Authorized users exclusive right use the Geographical Indication Rights subject to the conditions and limitations which registration is subject Two or more authorized users have coequal rights .

registered .Who can use Registered GI ?  Only an authorized user exclusive right use the GI relation to goods in respect of which .

Infringement  When ? (sec 22)   When unauthorized use indicates such goods originate a geographical area other than true place of origin such goods in a manner misleads public as to their GO When use results in unfair competition including passing off When the use of another GI results in false representation public goods originates in a territory GI relates .

Who can Initiate action ? The registered proprietor  Authorized users  .

pledge. licensing.Prohibition of Assignment or Transmission etc (sec 24)   Any right to a registered geographical indication not the subject matter assignment. transmission. mortgage or any such agreement On the death of an authorized user his right devolve on his successor in title .

filling or wrapping therein any goods other than genuine goods of authorized user of GI .Offences :Falsely applying GI (sec 38)    A person deemed to falsely apply to goods a GI who without the assent of authorized user Apply such GI or a deceptively similar GI to goods or any package containing goods Uses any package bearing a GIidentical/deceptively similar GI of authorized user packaging.

.punishment lesser than minimum punishment adequate and special reasons to be mentioned in the judgment..extend to Rs. 50.000/Court may award . 2.Penalty (sec 40)   Imprisonment of not less than 6 months extend to 3 years and with fine not less than Rs.00.000/.

000/. .00.Enhanced Penalty   (sec 41)  For second or subsequent conviction : Imprisonment not less than 1 year extend upto 3 years and fine not less than Rs..extend upto Rs.00.000/Discretion vested with court awarding lesser punishment. 1. 2.

t. a GI .not being a registered GI as a registered GI a registered GI registered respect of any good not in fact registered  Imprisonment of a term may extend to 3 years or with fine or with both .r.Penalty for representing a GI as Registered (sec 42)  No person  representation  W.

Penalty for improperly describing a place of business connected with GI Registry (sec 43)  Uses his place of business/ any documents issued by him/ words lead to belief his place of business officially connected with GI Registry punishable with imprisonment term may extend to 2 years or with fine or with both .

Penalty for Falsification of Entries in the Register (sec 44)     Any person makes or causes to make false entry Or a writing falsely purporting to be copy of an entry Or produces or tenders or cause in evidence any writing knowing the entry or writing false Punishable with imprisonment for a term may extend to 2 years or with fine or with both .

Offences by Companies (sec 49)    Where a person offence company. manager. secretary or any other officer deemed to be guilty . the company and every person responsible conduct of its business is liable Where accused proves offence without his knowledge will not liable Where proved offence consent or connivance attributable to the neglectdirector.

Relief (sec 67)  In any suit for infringement or for passing off  Injunction and Either damages or accounts of profits  At the option of the plaintiff  .

Suit for Infringement (sec 66)  No suit for infringement shall be instituted any court inferior to a district court having jurisdiction to try the suit .

II Case Studies of Registered GIs .

.

POCHAMPALLY IKAT .

CHANDERI SAREE .

.

KOTA DORIA .

.

.

ROSE WOOD INLAY OF MYSORE .

KANGRA TEA .

CHENNA PATTNA TOYS .

KULLU SHAWL .

Sign up to vote on this title
UsefulNot useful