August 16,2018

The Author, Ritik Dwivedi is a 2nd Year student of Himachal Pradesh National Law University, Himachal Pradesh. He is currently interning with LatestLaws.com.

Introduction

The Geographical Indication (hereinafter referred as IG) of the Goods is the aspect of industrial property that refers to the geographical indication of a country or a place located in it as the country or place of origin of that product.GI helps a producer community to differentiate its products from other competing products present in the market and generate goodwill around its products. GI acts as a signaling device by helping consumers to identify genuine quality products.

"GI grants the producers of a region the exclusive right to use the indication for their products originating in that region." It also means that they have the right to prohibit any usurpation or imitation of the sign on a product that is not from the designated area or that does not have the qualities guaranteed by the GI.

In India, the development of legal system for GI protection in India is not very old.

The Geographical Indications of Goods (Registration and Protection) Act was enacted in 1999 and has come into force in September 2003 (hereafter called GI Act).This Act provides for the registration and better protection of geographical indications relating to goods.

One of the example of product registered under GI is Basmati Rice. Basmati is a unique, long-grain aromatic rice traditionally grown only in the Indo-Gangetic plains of India and Pakistan. Basmati, which has aromatic rice of extra long texture and soft grain, has been cultivated since time immemorial in the foothills of the Himalayas.

The rare agro-climatic conditions of this region give Basmati rice certain characteristics, physical and sensory, which are not found anywhere else and are not susceptible to replication. T

his makes Basmati a premium product in the international market and the uniqueness needs to be preserved and protected.

Q1) What does a geographical indication do?

Ans. A geographical indication points to a specific place or region of production that determines the characteristic qualities of the product that originates therein. It is important that the product derive its qualities and reputation from that place. As these qualities depend on the place of production, there is a specific "link" between the products and their original place of production.

The Law on the Protection of Geographical Indications seeks to provide for the registration and better protection of geographical indications related to products. It excludes unauthorized persons from the misuse of geographical indications. This would protect the interest of producers, manufacturers and, therefore, consumers from being deceived by the falseness of geographical origin to the economic prosperity of the producer of said goods and promoting products bearing geographical indications in the export market.

Q2. Do GIs just refer to the places goods belong to? 

Ans. A GI can be a name of a geographical place (e.g., Darjeeling Tea) but it may also be a symbol (e.g., a picture of the Eiffel Tower, woman with tea leaf, an orange tree) or the outline of a geographic area (e.g., the outline of the Himalyan mountains), a color, or anything else capable of identifying the source of a good or service.

Q3. How a geographical indication is different from a trade mark?

  • A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises.
  • .Whereas a geographical indication is an indication used to identify products that have special characteristics that originate in a definite geographic territory..

Q4. Which Acts in India protect the Geographical Indications Prior to 1999?

Ans. There was no specific legislation to regulate the geographical indication. It was in 1999 that India complied with the obligation imposed by the TRIPS Agreement to enact the Law on Geographical Indications of Property (Registration and Protection) of 1999. This Act seeks to provide for registration and better protection of property GIs relating to goods.

It excludes unauthorized persons from misusing of geographical indications. This  protects the interest of  the manufacturers, the producers and protects the consumer from  being deceived by the falseness of the geographical origin to the economic prosperity of the producer of such goods and promote the products that carry geographical indications in the export. Unless a geographical indication is protected in the country of origin, the agreement under Article 22 of the TRIPS Agreement does not oblige other countries to extend reciprocal protection. It is in this context that the act was promulgated.

The law provides registration in two parts, Part A is related to the registration of GIs; Part B refers to the registration of authorized users / owners, such as names, addresses and descriptions.

Q5. Who is a producer in relation to a Geographical Indication?

Ans. People who deal with these three categories of goods are covered by the term Producer  under GIs:

  • Agricultural products, including the production, processing, marketing or commercialization of said goods.
  • Natural assets, including the exploitation, commercialization or commercialization of said goods.
  • Handicrafts or industrial products, including making, manufacturing, trading or dealing of such goods.

Q6. What are the benefits of GI registration?

Ans. Benefits of GI registrations are:

  • Prevents the unauthorized use of products of geographical indications registered by third parties.
  • Boosts exports.
  • Promotes the economic prosperity of producers.
  • Only an authorized user has the exclusive rights to use the geographical indication in relation to the products for which it is registered.

Q7. How long the registration of Geographical Indication is valid and can it be renewed?

Ans. The registration of a geographical indication is valid for a period of 10 years and can be renewed periodically for an additional period of 10 years each, if the authorized user so wishes and if a registered geographical indication is not renewed, it is likely to be eliminated from the registration. As such, the product will not have the legal protection provided by the Act, the product may lose its unique quality in the long term.

Q8. What are penalties provided in case violation of GIs provisions? Ans. In case of violation of GIs there is a penalty of imprisonment for a period of between 6 months to 3 years and a fine of between Rs.5,000 and Rs.2 lakh or stipulated in the Law. However, the court may reduce the punishment under special circumstances.

Q9. What are exceptions to GI protection under TRIPS Agreement?

Ans. The TRIPS Agreement lists a series of exceptions to the protection of geographical indications, such as previous use in good faith and the continued use of geographical indications that have become generic terms.

Article 24 of the TRIPS Agreement lists five exceptions:

  • If a name has been used for at least 10 years before the conclusion of the Uruguay Round or in "good faith" for a shorter period prior to that date, the user may continue to do so;
  • A trademark will remain valid if it was registered in good faith before the TRIPS Agreement entered into force, or if it was registered before the geographical indication was protected in its country of origin.
  • When a geographical indication has become a common term for the type of products in the language of a particular Member State, protection should no longer be granted in that State.
  • The protection of geographical indications does not prevent a person whose name corresponds to a geographical indication from using that name in their business operations, provided that such name is not used in a deceptive manner.
  • There is no obligation to protect geographical indications that are not or have ceased to be protected in their country of origin or that have fallen into disuse in that country.

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