GEOGRAPHICAL INDICATIONS LAW

 

General

 

Geographical Indications are indications which identify a good as originating in a place where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. Some more well known examples of geographical indications are "Champagne", "Bordeaux" and "Chianti", the first two being regions in France and the third, a region in Italy, all famous for their wines.

 

The Geographical Indications of Goods (Registration and Protection) Act, 1999 has been passed by the Government of India. The said Act was passed with the object of providing protection, as a Geographical Indication, to any agricultural goods, natural goods or manufactured goods or any goods of handicraft or goods of industry including food stuff.

 

 

Salient Features Of Indian Geographical Indications law

 

Registration

 

A Geographical Indication shall be registered as of the date of the making of the application for registration of that Geographical Indication.

 

RIGHTS

 

- Registration of a Geographical Indication confers the following rights on the registered proprietor and the authorised users:-
- Right to obtain relief in respect of the infringement of the Geographical Indication.
- Exclusive right to the use of the Geographical Indication in relation to the goods in respect of which Geographical Indication is registered.
- Two or more authorised users of a registered Geographical Indication shall have co-equal rights.

 

CLASSES

 

All the goods have been classified in different classes in accordance with the International Classification of goods for the purposes of registration of Geographical Indications.

 

DURATION AND RENEWAL

 

- The registration of Geographical Indication is valid for a period of ten years, and may be renewed thereafter from time to time.
- The registration of an authorised user is valid for a period of ten years or for the period till the date on which the registration of Geographical Indication in respect of which the authorised user is registered expires, whichever is earlier.

 

PROHIBITION OF ASSIGNMENT OR TRANSMISSION ETC.

 

The Geographical Indication law prohibits assignment, transmission, licensing, pledge, mortgage or any such other agreement in respect of a Geographical Indication.

 

 

RECTIFICATION

 

Any aggrieved person may make an application to the Appellate Board praying for cancelling or varying the registration of a Geographical Indication or authorised user on specified grounds.

 

 

INFRINGEMENT

 

Action for infringement of a Geographical Indication may be instituted at a District Court or High Court having jurisdiction. Available relief's include: -

 

- Injunction.
- Discovery of documents.
- Damages or accounts of profits.
- Delivery-up of the infringing labels and indications for destruction or erasure.

REMEDIES

- Both civil and criminal remedies available
- Criminal action lies in case of falsification and false application of Geographical Indications.
- Civil action lies in case of infringement of a registered Geographical Indication.

 

 

Filing Requirements

  • Name, description ( occupation and calling and nationality ) of the applicant.

  • 12 representations of the Geographical Indication.

  • Description of goods.

  • User of the Geographical Indication.

  • In case of a body corporate or firm, the country of incorporation or the Names and descriptions of the partners composing the firm.

  • Name of the convention country in which the first application (if any) is made and the date of such application.

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