ADVERTISEMENTS:
Everything you need to know about geographical indication !
Q.1. What is geographical Indication?
Ans. Geographical Indication may be defined as the name of a region, a specific place or, in exceptional cases a country, used to describe an agricultural natural or manufactured goods, product or a food stuff.
ADVERTISEMENTS:
In other words, a geographical indication is a sign used on goods that have a specific geographical origin and often possess qualities or a reputation that are due to that place of origin. In other words, a geographical indication is a name or sign used on certain products or which corresponds to a specific geographical location or origin (e.g. a town, region, or country).
Q.2. What is Indian Legislation for geographical indication?
Ans. The World Intellectual Property Organization (WIPO) helps in protection of Geographical Indications (GI), About 170 geographical indications have been registered by Lisbon Agreement members up to 1997. Now this number would be much more. In India, the Parliament has passed the Geographical Indications of Goods (Registration and Protection) Act, 1999 (in December 1999).
This Act seeks to provide for the registration a better protection of geographical indications relating to goods in India. The Act would be administered by the Controller General of Patents, Design and Trade Marks who is the Registrar of Geographical Indications. The Geographical Indications Registry is located at Chennai.
Q.3. How many Geographical Indications have been registered so far?
ADVERTISEMENTS:
Ans. Till 1997, 170 geographical indications have been registered in some advanced countries because they have developed the system of protecting GI. In the past, wines, spirits, cheeses, tobacco, which account for 88%, have been registered as GI. Wines and spirits account for almost 71 % of all registrations. In addition to wines and spirits, there is need for protection of agricultural products as GI. For this there is need to establish a multilateral system of identification and registration of GI. Geographical Indication may be an agricultural, natural or manufactured goods or product.
Q.4. What is the duration for protection of geographical indication?
Ans. The registration of a geographical indication is valid for a period of 10 years. It can be renewed from time to time for further period of 10 years each. If a registered geographical indication is not renewed it liable to be removed from the register.
ADVERTISEMENTS:
Q.5. Is Registration compulsory for protection of geographical indication?
Ans. The registration is not compulsory. The registration provides better legal protection to take action against infringement. In other words, it confers legal protection to geographical indications and prevents unauthorized use of a registered geographical indication by others.
Q.6. What is the Validity of geographical indication?
Ans. The registration of the geographical indication is valid in the country of its origin.
Q.7. Is it possible to Transfer geographical indication?
Ans. A geographical indication cannot be sold, purchased, transferred, licensed, pledged, mortgaged or put to such other agreement.
Q.8. What are the Matters Covered geographical indication?
Ans. It is used to identify agricultural, natural and manufactured goods.
Q.9. Who has the Control over geographical indication?
ADVERTISEMENTS:
Ans. An authorized user has the exclusive rights to use the geographical indication in relation to goods for which it is registered.
Q.10. When does geographical indication becomes effective?
Ans. The protection of geographical indication becomes effective after its registration.
Q.11. What is the Infringement of geographical indication?
Ans. Infringement of a geographical indication is possible. The registered proprietor and authorized users can initiate action against infringement.
Q.12. What are the Rights Protected by geographical indication?
Ans. The proprietor or authorized user has the rights to use the geographical indication and prevent other from using such material without permission.
Q.13. What are the Requirements for registration of a geographical indication?
Ans. It originates from a definite geographical territory and should have a special quality or reputation or other characteristics.
The main features are as given below:
(i) It is an indication.
(ii) It originates from a definite geographical territory.
(iii) It is used to identify an agricultural, natural or manufactured goods/product.
(iv) The manufactured goods should be processed or processed in that territory.
(v) It should have a special quality or reputation or other characteristics.
Q.14. What is the Procedure for Registration of geographical indication?
Ans. The registration is done by the registrar of Geographical Indications. For registration 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 registration consists of following steps:
i. Filing Application:
The application in the prescribed form is filed to the registrar of Geographical Indications along with prescribed Fee and other details.
ii. Examination:
The application is examined by the registrar office by conducting search. The application is accepted, if it fulfills the requirements. Then it is advertised in the GI journal for objection if any.
iii. Acceptance:
If there is no objection, the application is accepted for grant of registration.
iv. Registration:
Then the GI is entered in the Register. The register of geographical indication is divided into two parts, viz. part A and part B. Part A consists of particulars relating to registered geographical indication and part B consists of particulars of the registered authorized users.
v. Issue of Certificate:
Finally a certificate is issued to the registered user. The registration of GI is for a period of 10 years which is renewable for further periods of 10 years each.
Q.15. What are the differences between geographical indication and patents.
Ans. There are several differences between geographical indication and patents which have been presented in Table 41.1.
Q.16. What are the similarities between geographical indication and patents?
Ans. There are some similarities between geographical indication and patents which have been presented in Table 42.2.
Q.17. What are the differences between Geographical Indication and Trademarks?
Ans. There are several differences between geographical indication and trademarks as given below:
i. Number:
The total number of registered trademarks is more than 16 millions. However, only about 6 millions trademarks are currently in use worldwide. Whereas about 170 GI have been registered so far. Thus only limited numbers of trademarks are useful.
ii. Beneficiaries:
In case of GI, only local people or people of a region are beneficiaries, whereas in case of trademarks large numbers of people are beneficiaries.
iii. Role of State:
The State Government plays important role in protection of. Trademarks are promoted by individual company.
iv. Production:
The production of GI is collective by producers of a place or region, whereas the production of trademarks is by individual company.
v. Protection:
The protection of GI is difficult as compared to trademarks.
vi. Creation:
The creation of new trademarks is easier than creation of new GI.
Besides these, there are several other differences between geographical indications and trademarks which are presented in Table 41.3.
Q.18. What are the similarities between Geographical Indication and Trademarks?
Ans. There are some similarities between geographical indication and trademarks as given in Table 41.4.
Q.19. What are Advantages of Geographical Indication?
Ans. There are several advantages of geographical indications which are presented below:
i. GI protection provides legal rights to the users.
ii. It prevents unauthorized use of registered GI.
iii. It boosts exports.
iv. It promotes economic prosperity of producers of goods in a geographical territory.
v. Geographical indications bring name to place of their origin or territory.
Q.20. What are disadvantages of Geographical Indications?
Ans. There are some disadvantages of geographical indications which are listed below:
i. Prevents others for use.
ii. It leads to monopoly.
iii. Users are limited to place of origin.
Q.21. What are Examples of Indian Geographical Indications?
Ans. In India some geographical indications have been identified which are listed below:
(i) Basmati Rice
(ii) Darjeeling Tea
(iii) Kanchipuram Silk Saree
(iv) Alphanso Mango
(v) Nagpur Orange
(vi) Kolhapuri Chappal
(vii) Bikaneri Bhujia
(viii) Agra Petha
(ix) Banarasi Saree
The above geographical indications can be classified into three groups, viz.:
(i) Agricultural,
(ii) Natural, and
(iii) Manufactured.
(i) Agricultural GI:
This group includes Basmati Rice, Nagpur Orange and Alphanso mango.
(ii) Natural GI:
This group includes Darjeeling Tea.
(iii) Manufactured GI:
This group includes Kanchipuram Silk Saree, Banarasi Silk Saree, Kolhapuri Chappal, Bikaneri Bhujia and Agra Petha.