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Geographical Indication about goods means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation, or other characteristics of such goods is essentially attributable to its geographical origin and in the case where such goods are manufactured goods, one of the activities of either the production or of processing or preparation of the goods concerned take place in such territory, region or locality, as the case may be.
Filing
In India, the Geographical Indications of Goods (Registration & Protection) Act, 1999 governs the provisions related to the protection of Geographical Indications (GIs). Registration of GIs can be done at the Geographical Indications Registry which is located in Chennai.
Who Is Entitled To Apply?
Any Individual, association of persons, producers, organization, or authority established by or under the law can apply for registration of GIs. The applicant must represent the interest of the producers. Producers are persons dealing with the following three categories of goods:
- Agricultural Goods includes the production, processing, trading, or dealing;
- Natural Goods includes exploiting, trading or dealing; and
- Handicrafts or Industrial goods include making, manufacturing, trading, or dealing
Filing Requirements
Registration of GIs can be done at the Geographical Indications Registry which is located in Chennai. For registration of Geographical Indications, all the goods have been classified by the International Classification of goods. The application for registration must be accompanied by the requisite documents and the process shall comply with various criteria prescribed by Geographical Indication Rules.
Prosecution
Once the application is filed for Registration of GI at the GI Registry, the registrar will examine the application and if necessary, may consult a group of experts to verify the technical aspect. After 3 months, the examination report is issued by the registry against which the applicant may respond within 2 months. If the registrar is satisfied with the response, he may accept the application which then shall be published in the GI journal. In cases where the applicant fails to respond to the examination report within 2 months, the application is deemed rejected. The applicant has the right to appeal within 1 month against the decision of the registrar.
Opposition
Any person can oppose the registration of Geographical Indication within three months from the date of advertisement in the journal in writing to the registrar. The applicant was also allowed to send a counter statement stating grounds for making his application within 2 months from the date of receipt. The opposition shall submit evidence to their objections within two months from the date of receipt of the counter statement. The registrar shall issue one month’s notices of hearing to both the parties within three months from the date of submission of evidence. The registrar shall decide whether to allow registration after considering the evidence and hearing the parties.
Registration & Renewal
Registration of a GI confers the following rights on the registered person and the authorized users:
- Right to protection against infringement of GI;
- Exclusive right to use of the GI about the goods in respect of which GI is registered;
- Two or more authorized users of a registered GI shall have co-equal rights.
The registration of GI is valid for ten years and maybe renewed thereafter from time and again.