A Critical Study On Geographical Indications In India

By Vinitha.E

Introduction:
Every region has its claim to fame. Qualities and features of certain goods attributable to some geographical localities and respectable to “as products of certain region” come below Geographical Indications. Geographical Indications is an evolving fashion in Intellectual Property. A geographical indication (GI) is an indication, either in the method of a label or logo, used on goods that have a specific geographical origin and holds qualities or a character that are due to the place of origin. Geographical indications are treasured rights, which if not sufficiently protected, can be distorted by dishonest commercial operators to the impairment of both the consumers and the legitimate users. A geographical indication (GI) is an indication, whether in the form of a label or logo, used on goods that have a exact geographical origin and possesses qualities or a reputation that are due to the place of origin. Geographical indications are valued privileges, which if not adequately sheltered, can be distorted by dishonest moneymaking operators to the impairment of both the customers and the authentic users. Every region has its claim to fame. Christopher Columbus sailed from Europe to plan an innovative path to seizure the treasure of rich Indian spices. English breeders introduced Arabian horses to sire Race champions. China silk, Dhaka Muslim, Venetian glass all were greatly required after treasures. Every single status was wisely built up and painstakingly sustained by the controllers of that region, merging the best of Nature and Man, habitually supplied over from one generation to the next for centuries. Gradually, a specific link between the goods and place of production developed resulting in growth of geographical indications.

Registration:

Subject to the provisions of section 12, when an claim for registration of a geographical indication has been acknowledged and either—
(a)The claim has not been opposed and the time for notice of opposition has expired; or
(b) the claim has been disparate and the opposition has been decided in favor of the claimant, the Registrar shall, unless the Central Government otherwise guides, register the said geographical indication and the approved users, if any, mentioned in the claim and the geographical indication and the approved users when registered shall be registered as of the date of the creation of the said application and that date shall, subject to the provisions of section 84, be believed to be the date of registration.
(2)On the registration of a geographical indication, the Registrar shall issue each to the applicant and the approved users, if registered with the geographical indication, a certificate in such form as may be recommended of the registration thereof, sealed with the seal of the Geographical Indications Registry.
(3) Where registration of a geographical indication is not finished within twelve months from the date of the claim by reason of default on the part of the claimant, the Registrar may, after giving notice to the claimant in the recommended manner, treat the application as reckless unless it is completed within the time indicated in that behalf in the notice.
(4) The Registrar may alter the register or a certificate of registration for the determination of correcting a clerical error or an evident error.


Duration,Renewal, Removal And Restoration OF Registration:
(1) The registration of a geographical indication shall be for a time of ten years, but may be changed from time to time in accord with the provisions of this section.
(2) The registration of an approved user shall be for a time of ten years or for the time till the date on which the registration of the geographical indication in respect of which the approved user is registered terminates, whichever is prior.
(3) The Registrar shall, on claim made in the recommended mode, by the registered owner or by the approved user and within the recommended period and subject to the payment of the recommended fee, renew the registration of the geographical indication or approved user, as the case may be, for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be (which date is in this section mentioned to as the finishing of the last registration).
(4) At the recommended time before the expiration of the last registration of a geographical indication or the approved user, as the case may be, the Registrar shall send notice in the recommended manner to the registered owner or the approved user, as the case may be, of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of time recommended in that behalf those conditions have not been duly complied with, the Registrar may remove the geographical indication or the approved user, as the case may be, from the register: Provided that the Registrar shall not remove the geographical indication or the authorized user, as the case may be, from the register, if an claim is made in the recommended form and the recommended fee and surcharge is paid within six months from the expiration of the last registration of the geographical indication or the authorized user, as the case may be, and shall renew the registration of geographical indication or the authorized user, as the case may be, for a period of ten years under sub-section (3).
(5) Where a geographical indication or approved user, as the case may be, has been removed from the register for non-payment of the recommended fee, the Registrar shall, after six months and within one year from the expiration of the last registration of the geographical indication or the approved user, as the case may be, on receipt of an claim in the recommended form and on payment of the recommended fee, if satisfied that it is just so to do, restore the geographical indication or the approved user, as the case may be, to the register and renew registration of the geographical indication or approved user, as the case may be, any generally or subject to such condition or restriction as he considers suitable to enforce, for a period of ten years from the expiration of the last registration.


List Of Geographical Indications In India:
Darjeeling tea was the first product that got GI tag in 2004–05 in India, later 365 goods had been further added to the list as of May 2020. Lately Kashmir saffron and black rice Manipur got this GI tag.

Conclusion:
Geographical Indications of products are well-defined as that feature of industrial property, which denotes the geographical indication citing a country or a place situated therein as being the country or place of origin of that product. Under Articles 1 (2) and 10 of the Paris Treaty for the Protection of Industrial Property, geographical indications are concealed as an component of IPRs.Typically, the GI tag delivers an guarantee of quality and uniqueness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country. They are also covered under Articles 22 to 24 of the TRIPS -Trade-Related Aspects of Intellectual Property Rights Agreement, which was part of the Covenants concluding the Uruguay Round of GATT negotiations. Organizers of Geographical indications regard them as tough tools for protecting their national property rights. Challengers, however, consider GI as a barrier to trade. Graphical indication guards culture by preserving traditional productions methods, habits of intake and cultural identity. Like trademark, geographical indications are valuable to producers and consumers of goods. They help to encourage products of specific region by recognizing their quality. There are no logical or legal reasoning which could justify two different levels of protection in the field of geographical indications. There is no substantive justification for a wines or spirits and those for other products. Since the adoption of the TRIPS Agreement, Member awareness of the need for sufficient protection of geographical indications for all products has sustained to grow. Also, the ongoing negotiations in the field of industrial and agricultural products, as pursued by the WTO, shows the growing importance of increasing the level of safety for geographical indications for wines and spirits for geographical indications to all goods. Such protection is an invaluable marketing tool and an added value for exports because it rise the probabilities of market access for such goods.

References:
http://www.jagranjosh.com
http://www.ipindia.nic.in
http://www.mondaq.com
http://www.legalserviceindia.com

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