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Geographical Indicators

  1. GEOGRAPHICAL INDICATIONS 1 Dr.Gurumeet C wadhawa
  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
  3. BENEFITS OF GIs •It confers legal protection. •Prevents unauthorized use of a Registered Geographical Indication by others. produced in •It promotes economic prosperity of a producers of goods geographical territory. •Boosts the export. 3
  4. •Can serve as source-identifiers for consumers. Helps the pr• o.ducers develop consumer loyalty. •Plays a role in consumer decisions, including willingness to pay a higher price for regionally branded food products. •For example, geographic location is an important component of wine pricing. Contd…. 4
  5. EXAMPLES OF GIs INDIA •Basmati rice •Mysore silk •Mysore sandalwood oil •Mysore sandal soap •Mysore jasmine •Coorg orange •Madhubani paintings •Darjeeling tea •Dharwad pedha •Alphonso mango •Tirupathi laddu •Kolhapuri chappal •Nanjangud banana WORLD •Canadian whisky •Swiss watches •Florida oranges •Champagne •Tequilla. 5 5
  6. 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 6
  7. 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. 7 MYSORE ROSEWOOD INLAY
  8. 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 8
  9. 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
  10. How are GIs protected? •In accordance with international treaties and national laws under a wide range of concepts: •special laws for the protection of geographical indications or appellations of origin •trademark laws in the form of collective marks or certification marks •laws against unfair competition •consumer protection laws, or •specific laws or decrees that recognize individual geographical indications. 10
  11. 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 11
  12. 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 12
  13. NECESSITYOF GI •Geographical indications allows producers to obtain market recognition and often a premium price •Geographical indications have become a key source of niche marketing •Geographical indications are also often associated with non-monetary benefits such as the protection of knowledge and community rights. 13
  14. organization •One of the 17 specialized agencies of the United Nations created in 1967 •Currently has 185 member states and is headquartered in Geneva, Switzerland • To promote the protection of intellectual property throughout the world. 14
  15. Agreement on Trade-Related Aspects of Intellectual Property Rights (1994) • Two basic obligations on WTO member governments relating to GIs in the TRIPS agreement • Article 22: Prevent misleading the public as to the geographical origin of the good. • Article 23: prevent the use of a geographical indication identifying wines not originating in the place. 15
  16. Challenges •Low brand value •Lack of awareness of rules & regulations. •rampant misuse of Indian GI •Immigration of labors. 16
  17. Why are geographical indications valuable? •GIs are a marketing tool •Reputation for quality associated with place name used on labels, advertising •GI-identified products are believed to command higher prices •Of particular interest to developing countries 17
  18. Controversie s •Consumer vs. producer interests •Long-time, generic use of expressions geographic origins (parmesan) that have •Differing national treatment of Gis -weaker: (Canada, US) “Canadian Champagne;” “American-made Pecorino cheese” -stronger: (EU) GI use reserved to producers in the region, even if other origin is indicated 18
  19. Geographical indications and trademarks • GIs are closely related to trademarks; both indicate product origin • GIs and trademarks differ in two ways: to a particular 1. A trademark belongs company; it distinguishes that company’s products. GIs are shared by all producers in the region identified by the GI. 2. Gis are attached to a location;but trademarks don’t 19
  20. ECONOMIC AND SOCIAL BENEFITS OF GI • Higher retail price and better distribution of economic returns for primary producers • Capitalize on consumers’ desire for authentic, quality products - 1999 consumer survey -40% of EU consumers ready to pay premium price for origin-guaranteed products • Production of growth: increase production output and land value • Legal protection creates opportunities for investment in a product and region • Rural development and sustainability: provide the right owners with the opportunity to get economic benefits from their geographical indication and with the right to exclude non-entitled users 20
  21. 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
  22. 22 . 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.
  23. 23 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.
  24. A case Study of the Basmati Rice (India-US Basmati Rice Dispute): The Geographical Indication Perspective. •In the late 1997, when an American company RiceTec Inc was granted a patent by the US patent office to call the aromatic rice grown outside India "Basmati", India objected to it As India has been one of the major exporters of Basmati to several countries and such a grant by the US patent office was likely to affect its trade. Since Basmati rice is traditionally grown in India and Pakistan, it was opined that granting patent to RiceTec violated the Geographical IndicationsAct under the TRIPS agreement. Eventually, a request for re-examination of this patent was filed on April 28, 2000. Soon after filling the re-examination request, Rice Tec chose to withdraw its claims. 24
  25. 25 Biopiracy Case Study 2: turmeric In March 1995, two expatriate Indians at the University of Mississippi Medical Centre were granted a US patent for turmeric to be used to heal wounds The Indian Council for Scientific and Industrial Research (CSIR) filed a case with the US Patent Office challenging the patent on the grounds of "prior art" i.e already existing public knowledge. CSIR argued that turmeric has been used for thousands of years for healing wounds and rashes and therefore its medicinal use was not a novel invention. The claim had to be backed by written documentation claiming traditional wisdom or knowledge. •The turmeric case was a landmark judgment case as it was for the first time that a patent based on the traditional knowledge of a developing country was successfully challenged. The CSIR went so far as to present an ancient Sanskrit text and a paper published in 1953 in the Journal of the Indian MedicalAssociation. •Th.e US Patent Office upheld the objection and cancelled the patent •It also cancelled several other patent applications pending for turmeric.