The Geographical Indications of Goods (Registration and Protection) Act, 1999 often called as GI Act, enacted by the Government of India for the protection of Geographical Indications. In this blog we are going to learn more about Geographical Indications, the method to get registration, and other important factors and guidelines related to it.<\/p>\n\n\n\n
Geographical Indication refers to a name or sign of\/on a product that has a close similarity with a specific geographical location or origin. These geographical locations\/origins may include a town, region, or country. <\/p>\n\n\n\n
The Geographical Indication is used as a type of indication of the source. It acts as a certification that the product possesses specific qualities, or is made with traditional methods, or has specific reputation due to its geographical origin.<\/p>\n\n\n\n
So, as a member of the World Trade Organization (WTO) enacted the GI Act to comply with the Agreement on Trade-Related Aspects of Intellectual Property<\/a> Rights (TRIPs)<\/strong>[1]<\/a><\/sup>. <\/p>\n\n\n\n The GI tag\non the products depicts that no person\/entity is allowed to use the popular\nproduct name other than those registered as the authorized user or people who\nare residing inside the geographical territory.<\/p>\n\n\n\n In India, Darjeeling\nTea became the first product to be GI tagged in 2004-05. Since then, 323 goods\nhave been added to this list till August 2018. Other examples include Malabar Pepper,\nBangalore Blue Grapes, and manufactured goods like Pochampalli Ikat,\nKancheepuram Silk, Solapuri Chandars, Bagh Prints, Madhubani Paintings, etc. <\/p>\n\n\n\n The Geographical\nIndications of Goods {Registration and Protection} Act, was first approved on\n30th<\/sup> December 1999 and was commenced on 15th<\/sup> September\n2003. The GI Act provides better protection of geographical indications related\nto goods through registrations.<\/p>\n\n\n\n As per\nSection 2 (1) (e) Geographical Indication is defined as “an indication which\nidentifies such goods as agricultural goods, natural goods or manufactured\ngoods as originating, or manufactured in that territory, where a given quality,\nreputation, or other characteristic of such goods is essentially attributable\nto its geographical origin and in case where such goods are manufactured goods\none of the activities of either the production or of processing or preparation\nof the goods concerned takes place in such territory, region or locality, as\nthe case may be.” <\/p>\n\n\n\n The process\nof registering the Geographical Indication is as follows;<\/p>\n\n\n\n Recommended Article:<\/b> Software Patent: Computer Program Patents in India<\/a><\/mark>.<\/p><\/div>\n\n\n\n The GI is\nregistered initially for a period of 10 years, and can be renewed from time to\ntime.<\/p>\n\n\n\n As per Section 9 of the Geographical Indications of Goods {Registration and Protection} Act, the following indications cannot be registered;<\/p>\n\n\n\n Registration\nof the Geographical Indication provides its owner and the authorized users the\nexclusive right to use the indication in the way which satisfies the purpose of\nits registration. Furthermore, registration of GI protects it against infringement\nand recovery of damages for such infringement. <\/p>\n\n\n\n Infringement\nis caused by use of the GI in a place other than its place of origination, in\nother words, if any product indicates that such product originates from a place\nother than the place it was originally from. Registration acts as a piece of evidence\nindicating the validity and ownership of the particular GI. <\/p>\n\n\n\n However, the registration cannot be transferred, mortgaged, assigned or licensed, except in case of inheritance of the GI upon the death of an authorized user.<\/p>\n\n\n\n Anyone who\ninfringes, falsely applies or falsifies any geographical indication, interferes\nwith the origin of the product, make or have in possession of dye, block, machine,\nto falsify or copy the GI is liable for a penalty. The punishment for such infringements\nis not less than 6 months and that may extend to 3 years and with a fine not\nless than Rs. 50,000 and may extend up to Rs. 2 lakhs. <\/p>\n\n\n\n In the case of second and subsequent defaults the punishments include;<\/p>\n\n\n\n However, the\njudge can reduce the punishment in certain conditions stating the reasons for the\nreduction of the punishment in his judgment. <\/p>\n\n\n\n Other offenses include falsification of entries in the register, falsely represent the GI to be registered, or falsely represent the place connected to the GI Registry.<\/p>\n\n\n\n The Geographical Indications represents the aspect of intellectual property which refers to the geographical indications referring to a country, or the place of origin of that product. Typically, such name indicates that the product consists of some special quality and distinctiveness of finding only in a particular geographical location, region or country. <\/p>\n\n\n\n Under Articles 1(2) and 10 of the Paris Convention for the Protection of Industrial Property, GIs are covered as a subject or element of Intellectual Property Rights<\/strong>[2]<\/a><\/sup>. Also, it is covered under the Article 22-24 of the Trade Related Aspects of Intellectual Property Rights {TRIPs} Agreement, which was the part of Agreements concluding the Uruguay Round of GATT negotiations.<\/p>\n\n\n\nAbout the Geographical Indications of Goods (Registration and Protection) Act, 1999<\/h2>\n\n\n\n
Registration Procedure<\/h2>\n\n\n\n
Duration of GI Registration<\/h2>\n\n\n\n
Exclusions of GI Registration<\/h2>\n\n\n\n
What are the Effects of Registration?<\/h2>\n\n\n\n
Penalty<\/h2>\n\n\n\n
To Conclude<\/h2>\n\n\n\n