2. GEOGRAPHICAL INDICATIONS-
DEFINITION
•It is an indication.
•It originates from a definite geographical territory.
•it is used to identify goods having special characteristics
originating from a definite geographical territory
•It is used to identify agricultural, natural or manufactured
goods.
•The manufactured goods should be produced or processed
or prepared in that territory.
•It should have a special quality or reputation or other
characteristics. 2
4. Who can apply for the registration of a
geographical indication?
• Any association of persons, producers,
organization or authority established by or under the
law can apply
• The applicant must represent the interest of the
producers
• The applicant should be in writing in the prescribed
form
• The applicant should be addressed to the Registrar of
Geographical Indications along with prescribed fee
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5. IMPACT OF GIs ON DEVELOPING
COUNTRIES
•Encourages rural development.
•Facilitates market access.
•Saves local natural resources .
•Plays an important role in the
preservation of cultural identity.
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MYSORE ROSEWOOD INLAY
6. Is the registration of a Geographic Indication
compulsory and how does it help the applicant
• Registration is not compulsory
• Registration affords better legal protection to
facilitate an action for infringement
• The registered proprietor and authorized users
can initiate infringement actions.
• The authorized
exclusive right
Indication
user
to use
can exercise the
the Geographical
•The registration of a geographical indication is
valid for a period of 10 years and renewed from time
to time
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7. Why GI is to be protected ?
•Denote quality and origin of products
•Good reputation for the product
•Preventing the product from generic products
•Protecting the domestic market from competitors
CHANNAPATNATOYS 9
MYSORE JASMINE
8. GI in India
•India, as a member of the World Trade
Organization(WTO), enacted the Geographical Indications
of Goods (Registration and Protection)Act, 1999 has
come into force with effect from 15 September 2003
•The Central Government of India has established the Ge
ographical Indications Registry with all India
jurisdiction in chennai
•The GI Act is being administered by the Controller Gen
eral of Patents, Designs and Trade Marks ‐ who is
the Registrar of Geographical Indications
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9. CONDITIONS TO GET GI TAG
•It relates to a goods, although in some countries,
services are also included;
•These goods/services must originate from a defined
area;
•The goods/services must have qualities, reputations or
other characteristics which are clearly linked to the
geographical origin of goods
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10. The Registration Process
STEP 1 : Filing of application
first check whether the indication
comes within the ambit of the definition of
a Gl under section 2(1)(e).
The association of persons or producers
or any organization or authority should
represent the interest of producers of the
concerned goods and should file an
affidavit how the applicant claims to
represent their interest.
Application must be made in triplicate.
•The application shall be signed by the
applicant or his agent and must be
accompanied by a statement of case.
Details of the special characteristics and
how those standards are maintained.
STEP2 and 3: Preliminary scrutiny and 21
examination
11. 22
The Examiner will scrutinize the
application for any deficiencies.
The applicant should within one month of
the communication in this regard, remedy
the same
STEP4: Show cause notice
If the Registrar has any objection to the
application, he will communicate such
objection.
The applicant must respond within two
months or apply for a hearing.
STEP 5: Publication in the
geographical indications Journal
Every application, within three moths of
acceptance shall be published in the
Geographical Indications Journal.
12. 23
STEP 6: Opposition to Registration
Any person can file a notice of opposition within three months
(extendable by another month on request which has to be filed
before three months) opposing the GI application published in
the Journal.
The registrar shall serve a copy of the notice on the applicant.
STEP 7: Registration
Where an application for a GI has been accepted, the
registrar shall register the geographical indication. If
registered the date of filing of the application shall be
deemed to be the date of registration.
The registrar shall issue to the applicant a certificate with
the seal of the Geographical indications registry.
STEP8: Renewal
Aregistered GI shall be valid for 10 years
and can be renewed on payment of
renewal fee.
