Notes to B.Sc.students

1. • An indication which indentifies goods as
agricultural, natural or manufactured in the
territory of country where a given quality,
reputation or other characteristic of such
goods is essentially attributable to its
geographical origin
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2. • TRIPS provisions- For reciprocal protection ;protection in the
country of origin is must.
• India did not have such protection with regard to Geographical
indication.
• Result – cases like Turmeric, Neem and Basmati.
• To cover up such situation – Geographical Indication of Goods
(Registration and Protection) Act 1999 , passed.
• The salient features are:-
a) Maintenance of register of G.I in two parts – Part A & Part B through
computer.
b) Prohibition of registration of certain geographical indications.
c) Taking infringement action – by registered proprietor / registered user.
d) Prohibition of assignment etc. – being public property.
e) Prohibition of registration of G.I as Trade Mark.
f) Appeal against Registrar’s decision to IP Board established under the Trade Mark
legislation.
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3. What is a geographical indication?
 It is and indication or appellation of origin.
It is used to identify agricultural
natural or manufactured goods.
Originating in the said area.
 It originates from a definite territory in India.
It should have a special quality or
 characteristics or reputation based upon
the climatic or production characteristics
unique to the geographical location.
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4. Who is a registered proprietor of a
geographical Indication?
• Any association of persons, producers, organization or
authority established by or under the law can be
registered proprietor. Their name should be entered in
the Register of Geographical Indication as registered
proprietor for the Geographical Indication applied for.
• Who is an authorised user?
• A producer of goods can apply for registration as an
authorised user, with respect to a registered
Geographical Indication He should apply in writing in
the prescribed form along with prescribed fee.
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5. • Who can initiate n infringement action?
• The registered proprietor or authorised users of a
registered Geographical indication can initiate n
infringement action.
• Can a registered Geographical Indication be
assigned, transmitted etc?
• No. A Geographical Indication is a public property
belonging to the producers of the concerned
goods. It shall not be subject matter of
assignment, transmission, licensing, pledge,
mortgage or such other agreement, However,
when an authorised user dies, his right devolves
on his successor in title.
30-06-2022

6. Who is producer in relation to a
Geographical Indication?
• A Producer is a person dealing with three
categories of goods.
• Agricultural Goods including the production,
processing, trading or dealing. Ø Natural
Goods including exploiting, trading or dealing.
• Handicrafts or Industrial Goods including
making, manufacturing, trading or dealing.
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7. • Name of a country or region of locality
(Darjeeling Tea)
• Any name which relates to a specific
Geographical area and is used upon or in
relation to particular goods originating from
that country region or locality (Basmati Rice)
• Goods: Agricultural, National, Manufactured
Handicrafts, Industrial Products, Food Stuffs,
wine and spirit
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8. • Rice: Basmati, Nellore
• Wheat: Punjab, MP, UP
• Fruits: Nagpur orange, Kullu Apples
• Spice: Malabar pepper, Malabar coffee
• Tea: Darjeeling tea, Kangra tea
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9. • Illmanite and Monosite fo Kerala
• South Affrican Diomonds
• Neyveli (Tamil Nadu)Lignite
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10. • Textiles: Pochampally Ikat, Kanchipuram silk,
Mysore silk
• Leather Products: Kolhapuri Chappals
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11. • Mysore Rosewood Inlay ( Karnataka)
• Chanapattana Toys and Dolls ( Karnataka)
• Tanjavur Art Plate
• Arnmula Kannadi (Kerala)
• Birdi Ware ( Karnatak)
• Kullu shawls
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12. • Swiss watches
• Coimbatore Wet Grinders
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13. • Andhra Pickles
• Agra Peta
• Bikaneri Bhujiya
• Amitsari Bari
• Kashmiri mirch
• Barot Rajmash
• Barot Potato
• Red rice of Kullu
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14. • Goan Feni
• Champagne
• Scotch Whisky
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15. • A GI which is likely to deceive or cause confusion
or is contrary to law or which comprises or
contains scandalous or obscene matter or likely
to hurt religious sensibilities. Or otherwise be
disentitled to protection in a court of generic
names or indications, or which although literally
true as to the territory, region or locality in which
the goods originate, but falsely represent to the
persons that the goods originate in another
territory region or locality, as the case may be
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16. • Consumer’s Point:
• GI are denoting quality and origin of the
products. If not protected property many of
the GI’s which have acquired reputation and
good could be misrepresented by
unscrupulous commercial operators
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17. • To prevent it from becoming generic
• It helps local enterprises
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18. • Confers legal protection and safeguards against
unauthorized use
• Promotes economic prosperity
• Assigns a collective form of monopoly right
• Creates privilege for initiating legal action against
infringers
• Reduces of eliminates unfair competition
• Conserves the traditional knowledge
• Tool to promote rural development
• Tool to preserve local know-how and natural resources
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19. • Media attention
• Creates motivation among stakeholders
• Develops sectoral net works among stake
holders, traders and Govt agencies
• Market expansion
• Increase in production
• Protection of unique quality
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20. • It confers legal protection to geographical
indications in India.
• It prevents unauthorized use of a registered
geographical Indication by others.
• It boosted exports of Indian geographical
indications by providing legal protection.
• It promotes economic prosperity of producers.
• It enables seeking legal protection in other WTO
member countries.
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21. • Any association of person, producers,
organization or authority established by or under
the law can apply.
• The applicant must represent the interests of the
producers.
• The application should be in writing in the
prescribed Form.
• The application should be addressed to the
Registrar of Geographical Indication alongwith
prescribed fee.
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22. • While registration of a Geographical Indication is
not compulsory, it offers better legal protection
for action for infringement.
• What are the advantages of registering?
• Registration affords better legal protection to
facilitate an action for infringement.
• The registered proprietor and authorised users
can initiate infringement actions.
• The authorised users can exercise the exclusive
right to use the Geographical Indication.
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23. • Only an authorised user has the exclusive rights to use
the Geographical Indication in relation to goods in
respect of which it is registered.
How long is the registration of Geographical Indication
valid? Can it be renewed?
• The Registration of a Geographical Indication is for a
period of ten Years.
• Yes, renewal is possible for further periods of 10 years
each.
• If a Registered geographical indication is not renewed, it
is liable to be removed from the register
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24. • When unauthorised use indicates or suggests that such
goods originate in a geographical are other than the
true place of origin of such goods in a manner, which
misleads the public as to their geographical origins.
• When use of Geographical Indication results in unfair
competition including passing off in respect of
registered geographical indication.
• When the use of another geographical indication
results in false representation to the public that goods
originate in a territory in respect of which a
geographical indication relates.
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25. • Scrutiny of the application by the GI and raising of objection, if any
• Addressing the objections (if any) and the subsequent acceptance of
the application
• Notification of the acceptance in the Gazette for third party
opposition
• If no opposition is filed within the statutory period of 4 months, the
GI proceeds to registration
• However, if an apposition is filed by a third party, they have to be
settled to the satisfaction of the Registrar before the GI may be
registered
• Once the GI is registered, the term of protection is for a period of 10
years at the end of which, the term has to renewed for a further
period of 10 years by paying a government fee of Rs. 3000/-
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26. 30-06-2022

27. Can a registered Geographical Indication or authorised
user be removed from the register?
• Yes. The Appellate Board or the Registrar of
Geographical Indication has the power to remove the
Geographical Indication or an authorised user from the
register. The aggrieved person can file an appeal within
three months from the date of communication of the
order.
How a geographical indication differs from a
trademark?
• A trademark is a tool, which is, used in the course of
trade and it distinguishers goods or services of one
enterprise from those of other enterprises. Whereas
geographical indication is used to identify goods having
special characteristics originating from definite
geographical territory.
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28. • Every region has its claim to fame Christopher Columbus sailed from
Europe to chart out a new route to capture the wealth of rich Indian
spices. English breeders improved Arabian Horses to sire Derby winners.
China Silk, Dhaka Muslin, Venetian glass, Coramandal pearls were all
treasures sought by the entire world.
• Each geographical reputation was carefully built up and painstakingly
maintained by the masters of that region, combining the best of Nature
and Man, traditionally handed over from one generation to the next for
centuries. Today we are moving towards an increasingly global economy
with must faster movement of goods, finance people and brands, Regional
specialties have been taken for granted upto now without suffering many
losses. But now, protection for the brand of the region for its very own
uniquencess has become necessary and inevitable, and without delay,
through the protection of Geographical Indications, or appellations of
origins.
• In December 1999, Parliament passed the Geographical Indications of
Goods (Registration and Protection) Act, 1999, This act seeks to provide
for the registration and protection of Geographical Indications relating to
goods in India. The Act is administered by the Controller General of
Patents, Designs and Trade Marks, who is the Registrar of Geographical
Indications. The Geographical inductions Registry is located at Chennai.
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29. • THE REGISTRATION PROCESS
• The Register of Geographical Indication is divided into
two parts. Part ‘A’ consists of particulars relating to
registered geographical indications and part ‘B’ consists
of particulars of the registered authorised users.
• The registration process is similar to both for
registration of a geographical indication and authorised
user which is illustrated above.
• This unique logo stressed the value of intellectual efforts
whereby original ideas, inventions and all products
come into being. These efforts can only bear fruit and
promote the well being of society if they are adequately
protected by law.
• The logo incorporates the ‘I’ and ‘P’ for intellectual
Property and the Rights that go with them. The human
head within the logo bears the spark of knowledge.
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30. What is a geographical indication?
 It is and indication or appellation of origin.
It is used to identify agricultural
natural or manufactured goods.
Originating in the said area.
 It originates from a definite territory in India.
It should have a special quality or
 characteristics or reputation based upon
the climatic or production characteristics
unique to the geographical location.
30-06-2022

31. What is a geographical indication?
 It is and indication or appellation of origin.
It is used to identify agricultural
natural or manufactured goods.
Originating in the said area.
 It originates from a definite territory in India.
It should have a special quality or
 characteristics or reputation based upon
the climatic or production characteristics
unique to the geographical location.
30-06-2022

32. Who is a registered proprietor of a
geographical Indication?
• Any association of persons, producers, organization or
authority established by or under the law can be
registered proprietor. Their name should be entered in
the Register of Geographical Indication as registered
proprietor for the Geographical Indication applied for.
• Who is an authorised user?
• A producer of goods can apply for registration as an
authorised user, with respect to a registered
Geographical Indication He should apply in writing in
the prescribed form along with prescribed fee.
30-06-2022

33. • Who can initiate n infringement action?
• The registered proprietor or authorised users of a
registered Geographical indication can initiate n
infringement action.
• Can a registered Geographical Indication be
assigned, transmitted etc?
• No. A Geographical Indication is a public property
belonging to the producers of the concerned
goods. It shall not be subject matter of
assignment, transmission, licensing, pledge,
mortgage or such other agreement, However,
when an authorised user dies, his right devolves
on his successor in title.
30-06-2022

34. Who is producer in relation to a
Geographical Indication?
• A Producer is a person dealing with three
categories of goods.
• Agricultural Goods including the production,
processing, trading or dealing. Ø Natural
Goods including exploiting, trading or dealing.
• Handicrafts or Industrial Goods including
making, manufacturing, trading or dealing.
30-06-2022

35. Who is a registered proprietor of a
geographical Indication?
• Any association of persons, producers, organization or
authority established by or under the law can be
registered proprietor. Their name should be entered in
the Register of Geographical Indication as registered
proprietor for the Geographical Indication applied for.
• Who is an authorised user?
• A producer of goods can apply for registration as an
authorised user, with respect to a registered
Geographical Indication He should apply in writing in
the prescribed form along with prescribed fee.
30-06-2022

36. • Who can initiate n infringement action?
• The registered proprietor or authorised users of a
registered Geographical indication can initiate n
infringement action.
• Can a registered Geographical Indication be
assigned, transmitted etc?
• No. A Geographical Indication is a public property
belonging to the producers of the concerned
goods. It shall not be subject matter of
assignment, transmission, licensing, pledge,
mortgage or such other agreement, However,
when an authorised user dies, his right devolves
on his successor in title.
30-06-2022

37. Who is producer in relation to a
Geographical Indication?
• A Producer is a person dealing with three
categories of goods.
• Agricultural Goods including the production,
processing, trading or dealing. Ø Natural
Goods including exploiting, trading or dealing.
• Handicrafts or Industrial Goods including
making, manufacturing, trading or dealing.
30-06-2022