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GEOGRAPHICAL INDICATIONS

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Presentation on theme: "GEOGRAPHICAL INDICATIONS"— Presentation transcript:

1 GEOGRAPHICAL INDICATIONS
Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

2 GEOGRAPHICAL INDICATION
I am going to tell you about geographical indication. Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

3 GEOGRAPHICAL INDICATION
It is an indication It originates 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  Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

4 GEOGRAPHICAL INDICATION
Lets look at some examples. Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

5 GEOGRAPHICAL INDICATION
   Examples of Indian Geographical Indications. Basmati Rice Darjeeling Tea Kanchipuram Silk Saree Alphanso Mango Nagpur Orange Kolhapuri Chappal Bikaneri Bhujia Agra Petha  Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

6 GEOGRAPHICAL INDICATION
   Examples of Indian Geographical Indications. KOLHAPURI CHAPPAL Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

7 GEOGRAPHICAL INDICATION
   Examples of Indian Geographical Indications. DARJEELING TEA Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

8 GEOGRAPHICAL INDICATION
   Examples of Indian Geographical Indications. NAGPUR ORANGE Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

9 GEOGRAPHICAL INDICATION
   Examples of Indian Geographical Indications. AGRA PETHA Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

10 GEOGRAPHICAL INDICATION
LEGAL BENFITS & SOCIO-ECONOMIC BENEFITS Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

11 LEGAL BENFITS It confers legal protection to
Geographical Indications in India. Prevents unauthorized use of a Registered Geographical Indication by others. It provides legal protection to Indian Geographical Indications which in turn boost exports. Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

12 SOCIO-ECONOMIC BENEFITS
It promotes economic prosperity of producers of goods produced in a geographical territory.  Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

13 GEOGRAPHICAL INDICATION
Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

14 GEOGRAPHICAL INDICATION
ACTS & AGREEMENTS WHICH IMPLEMENTED IT(INTERNATIONALLY):- The Paris Convention for the Protection of Industrial Property of 1883. The Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration. Articles 22 to 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) deal with the international protection of geographical indications within the framework of the World Trade Organization (WTO). Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

15 GEOGRAPHICAL INDICATION
In Our country laws to protect GI are Geographical Indications of Goods(Registration & Protection)Act,1999 & Geographical Indications of Goods (Registration and Protection) Rules,2002 Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

16 GEOGRAPHICAL INDICATION
Some facts about registration- Registration is not compulsory Valid for a period of 10 years Can be renewed continuously for further period of 10 years at each subsequent renewals If not renewed it is liable to be removed from the register Can not be assigned, transmitted, licensed, pledged, mortgaged Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

17 GEOGRAPHICAL INDICATION
Registration of GIs in India Steps involved in evaluating a GI application Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

18 Procedure to file the application for GI:
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. The statement has to show how the GI serves to designate the goods as originating from the concerned territory having a special quality, reputation or other characteristic. Details of the special characteristics and how those standards are maintained. Three certified copies of map of the region to which the GI relates. Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India Contd..

19 Procedure to file the application for GI:
Details of the special human skills involved or uniqueness of the geographical environment or the inherent characteristics to which the application relates. Details of the inspection structure if any to regulate the use of the GI in the territory to which it relates. Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

20 Registration Form Lets look at form for registration of GI.
THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 ( To be filled in triplicate alongwith the Statement of Case accompanied by five additional representation of the Geographical indication) One representation to be fixed within the space and five others to be send separately FORM GI-1 A Application for the registration of a geographical indication in Part A of the Register Section 11 (1), Rule 23(2) Fee: Rs.5,000 ( See entry No.1A of the First Schedule) 1. Application is hereby made by for the registration in Part A of the Register of the accompanying geographical indication furnishing the following particulars : - - Name of the Applicant : - Address : - List of association of persons/producers/organization/authority: - Type of goods: - Specification: - Name of the geographical indication [and particulars] - Description of the goods : - Geographical area of production and map : - Proof of origin [Historical records] : - Method of Production : - Uniqueness : - Inspection Body : - Other: Along with the Statement of Case in Classb ….. b……… in respect of c…….. in the name(s) ofd …… whose address is ……. Who claims to represent the interest of the producers of the said goods to which the geographical indication relates and which is in continuous use since in respect of the said goods. 2. The Application shall include such other particulars called for in rule 32(1) in the Statement of Case. 3. All communications relating to this application may be sent to the following address in India. 4. In the case of an application from a convention country the following additional particulars shall also be furnished. (a) Designation of the country of origin of the Geographical Indication. (b) Evidence as to the existing protection of the Geographical Indication in its country of origin, such as the title and the date of the relevant legislative or administrative provisions, the judicial decisions or the date and number of the registration, and copies. of such documentation. eSIGNATURE NAME OF THE SIGNATORY Lets look at form for registration of GI. Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

21 Steps involved in evaluating a GI application
Step 1: Scrutinizes the application for any deficiencies and, if any found, communicates the same to the applicant Step 2:Appoint a consultative group of experts well versed on the subject to ascertain the correctness of the claims made Step 3:application is published in the Journal of Geographical Indications Step 4:If no opposition is received, then the same is registered after expiry of four months from the date of publication Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

22 Steps involved Filing an application Appeal to IPAB
Opportunity for hearing Examination objections refused Acceptance Advertised in the GI journal Opposition if any Allowed or refused Appeal to IPAB Acceptance of GI Entered in the GI register Particulars of regd GI entered in part A of registration Particulars of regd authorized user entered in part B of registration Registration certificate issued Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

23 GEOGRAPHICAL INDICATION
AUTHORISED USER An authorized user is a person who is a producer of the (registered) geographical indication and registered with the Geographical Indications Registry. Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

24 Registration Form Lets look at form for authorized user. A
THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 FORM GI-3 A Application for the registration of an authorized user Section 17(1), Rule 56(1) Fee: Rs.500 [ See entry No.3(A) of the First Schedule] ( To be filed in triplicate accompanied by the agreement, if any, between the registered proprietor and the proposed authorized user or duly authenticated copy thereof, and other documents mentioned in rule 56 along with an affidavit setting forth particulars and statements required by rule 56 and with two copies of each of the aforesaid documents) Application is hereby made by 1 ………… who is (are ) the registered proprietor(s) of the geographical indication …… registered in class ………….. in respect of goods ………….. and …………… being the proposed authorized user in Part B of the Register of the above mentioned registered geographical indication. A statement of case of those the applicant claims to be producer is enclosed herewith. A copy of consent letter from the Registered Proprietor is enclosed / not enclosed. All communications relating to this application may be sent to the following address in India :- Dated this ……………. day of …………. 20…… 2SIGNATURE Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

25 GEOGRAPHICAL INDICATION
Lets look at one interesting case of RE-EXAMINATION OF US PATENT ON BASMATI Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

26 GEOGRAPHICAL INDICATION
Rice Tec Inc. had applied for registration of a mark "TEXMATI" before the UK Trade Mark Registry. (Well supported by U.S. Patent 5,663,484) In the wake of this controversy, the Government of India with the help of ICAR & CSIR scientists filed request for re-examination of this patent. It forced Ricetec to withdraw its claims .Thus the threat of infringement by the export of Basmati grains to US has been averted. Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

27 THANKS Designed and Developed by IP Laboratory, MNNIT Allahabad , Uttar Pradesh, India

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