WHAT IS A GEOGRAPHICAL INDICATION?
A geographical indication (GI) is a sign[1] that is granted to a product solely on the basis of its place or origin owing to the fact that such origin gives the product a reputation for possessing certain qualities unique to said product which cannot be found in a similar product grown or manufactured elsewhere. The Geographical Indications of Goods (Registration and Protection) Act, 1999 (for brevity, The Act) ensures the grant of protection to geographical indications in India. Furthermore, Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property cover GI as an element of Intellectual Property Rights, along with Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.[2]
IMPORTANCE OF GI REGISTRATION
Although GI registration is not a mandatory step, opting for GI registration ensures better legal protection since section 20 of the Act specifies that no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered geographical indication.[3]
However, legal protections granted to a registered GI are as follows-
- By way of GI registration, the registered proprietor gains the right to institute a suit for infringement of said GI;
- Obtain the exclusive right to the use of said GI in relation to the goods under question, although said exclusive right is subject to conditions and limitations to which GI is registered;
- GI registration, as per section 23 of the Act, is prima facie Evidence of Validity. What this means is that the mere certificate of registration granted to a GI, being copy of the entry in register under the seal of the Geographical Indications Registry, shall be admissible as prima facie evidence of validity in a suit for infringement in all courts and before the appellate authority.
Further, GI registration further boosts export and in turn the Indian economy, and promoted the economic uplifting and prosperity of the Indian producers.
STEPS FOR GI REGISTRATION
- DETERMINE ELIGIBILITY
Any authority, organisation, association of persons or producers established by law qualifies for GI Registration so long as the applicant represents the interest of the producers and the indication comes within the ambit of the definition of a GI under Section 2 (1)(e) of the Act. That being said, GI registration application must be in writing, in the prescribed format and should be addressed to the registrar of Geographical Indication along with the prescribed fee.
- PREPARE DOCUMENTATION
As required to be filed along with the GI registration application, the documentation needed includes
- Three certified copies of the map of the region, locality or territory to which the GI relates;
- Geographical map of territory;
- Three certified copies of class of goods to which the geographical indication relates;
- An affidavit stating the claim of the applicant to represent the interest of the association of persons or producers or any organization or authority established under any law.
- Three copies of a Statement of Case accompanied by five additional representations
The signing of documents must also be done in case of GI registration application being filed by:
- An association of persons or producers shall be signed by the authorized signatory.
- A body corporate or any organization or any authority established by or under any law for the time being in force shall be signed by the Chief Executive, or the Managing Director or the secretary or other principal officer.
- In case of partnership it shall be signed by at least one of the partners.[4]
- FILE THE APPLICATION
The GI registration application has to be filed in triplicate, in writing in prescribed form (GI-A1 to ID), accompanied by all required documents and the prescribed fee (Rs. 5000/-), to be signed by the applicant, with fee being submitted in cash or sent by money order or by a bank draft or by a cheque.
- EXAMINATION PROCESS
After having filed for GI registration, the GI registration application shall undergo preliminary scrutiny and examination by the examiner for any deficiencies, which the applicant has to within one month of communication of same, remedy. In case of any objection to the application, the registrar will communicate the same via a show cause notice, which has to be responded to within 2 months by the applicant.
- GRANT OF GI REGISTRATION
After the GI registration application has been accepted the registrar will register the GI and the date of filing shall be deemed the date of registration. Said GI registration shall be valid for 10 years, and may be renewed on payment of renewal fee.
RENEWAL AND RESTORATION OF GI REGISTRATION
After the initial 10-year period, GI registration can be renewed by filing a renewal request and paying the requisite renewal fee. This ensures the continued legal protection of the registered GI. If the renewal fee is not paid within the prescribed time, the registrar may remove the geographical indication from the register. However, the Act provides an option for restoration of the removed GI registration within a stipulated time frame after removal by filing a restoration application. This not only keeps the GI registration active but also prevents any infringement that may occur due to lapsing registration.
BENEFITS OF GI REGISTRATION FOR PRODUCERS
One of the primary benefits of opting for GI registration is the protection of the identity and quality of goods associated with a particular geographical region. GI registration provides legal recognition to goods originating from specific places, ensuring that only those producers in the designated region have the exclusive right to market their products under that geographical indication. Additionally, GI registration provides the producers with a competitive advantage in the market, as consumers often associate GIs with superior quality and authenticity. Through GI registration, producers can build a unique brand identity that helps in boosting sales and fostering consumer trust.
PENALTIES FOR INFRINGEMENT OF GI RIGHTS
GI registration grants exclusive rights to the registered proprietor to prevent others from unauthorized use of the registered GI. In cases where an individual or an entity misuses or falsely represents a product with a registered GI, the registered proprietor can file a suit for infringement. The legal protection provided through GI registration also ensures that any infringement can be met with legal penalties, including damages. The registered proprietor of a GI can rely on their GI registration certificate as prima facie evidence of their ownership rights, thereby streamlining the process of enforcing their rights in court.
THE ROLE OF GI REGISTRATION IN EXPORT PROMOTION
GI registration plays a critical role in enhancing the export potential of products, as consumers worldwide tend to prefer products with authentic origins that promise high quality. GI registration adds value to a product by certifying its regional uniqueness and quality, which in turn boosts demand in both domestic and international markets. This can have a positive impact on a country’s economy by increasing the export of GI-registered products. Several Indian products, such as Darjeeling Tea and Pashmina, have seen increased global demand after GI registration.
CHALLENGES IN THE GI REGISTRATION PROCESS
While GI registration offers immense benefits, there are challenges that applicants may face in the process. The GI registration application process requires extensive documentation, which can be complex, especially for first-time applicants. Ensuring that the geographical indications meet the legal criteria outlined in the Act is also a critical step in the GI registration process. Furthermore, the examination process can sometimes be delayed due to objections or show cause notices. It is important to be diligent in responding to these notices within the stipulated time to avoid unnecessary delays in GI registration.
PROTECTION AGAINST FALSE GI REGISTRATION CLAIMS
One of the safeguards provided by the GI registration process is the ability to oppose false claims of GI registration. If an applicant files a GI registration application without fulfilling the eligibility requirements or by misrepresenting their claim, interested parties can file an opposition to the registration. The opposition mechanism ensures that only genuine geographical indications are granted GI registration, preventing any unauthorized entities from exploiting the reputation associated with a geographical indication.
By ensuring the timely filing of a GI registration application, producers and other authorized entities can secure the legal benefits associated with protecting their geographical indications.
CONCLUSION
In conclusion, GI registration plays a pivotal role in protecting the unique qualities and reputation of products originating from specific geographical regions. By securing GI registration, producers not only safeguard their economic interests but also enhance the marketability and authenticity of their goods.
The GI registration process, though detailed and requiring careful documentation, offers significant legal benefits, including exclusive rights, protection against infringement, and increased export opportunities. With growing awareness of the importance of intellectual property, GI registration can serve as a powerful tool for promoting traditional and regional products on a global scale. As the demand for authenticity and quality continues to rise, securing a GI registration can help producers maintain a competitive edge and contribute to the prosperity of local communities associated with the production of these goods.
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[1] Geographical Indications: What do they specify? (wipo.int)
[2] GI | Intellectual Property India | Government of India (ipindia.gov.in)
[3] The Geographical Indications of Goods (Registration and Protection) Act, 1999 No.48 of 1999 (ipindia.gov.in)
[4] Microsoft Word – New Microsoft Office Word Document.docx (ipindia.gov.in)
