Geographical Indications (GI) of Indian

Geographical Indication of India – FAQ

Sadhvi C. Kanth, Research Associate, MHRD IP-Chair, NLSIU.

Bangalore, 2015

1.

What is Geographical Indication (GI)?

Sec. 2(1)(e)

“Geographical Indication”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

2.

What are Goods under the GI Act? “Goods” under the GI Act involves any agricultural, natural or manufactured goods or any goods of handicraft or of industry and also

Sec. 2(1)(f)

includes food stuff.

3.

What is Indication?

“Indication” includes any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of goods to which it applies.

Sec. 2(1)(g)

4.

Who is "Authorised User"? What are the procedures involved in registering as "Authorised User" "Authorised User" is the person who applies as a producer

Ref. Sec. 2(b)& Sec. 17

of goods for the registered GI in writing in the prescribed form along with the prescribed fee.

The procedure relating to registering an authorised user of a registered GI begins by make an application in triplicate in Form GI – 3(A) jointly by the registered proprietor and proposed

Form GI –3(A)

authorised user by paying the required fee. It shall also be accompanied by a Statement of Case of how he claims to be the producer of the registered GI along with an affidavit. A consent letter by the Registered Proprietor recommending the application need to be enclosed along with it.

Rule.56(2)

In absence of the consent letter as required, an endorsed copy of the Application to the Registered Proprietor along with the proof of service has to be provided to the Registrar.

Rule.57

This submitted application shall be subjected to examination by the Registrar and if found appropriate – shall be published in the GI Journal. Whereas, any person may file an opposition against Registration of such Authorised User within the span of four

Sec.17(3)

months of such publication. (The opposition procedures shall be

(e)

dealt in the same manner as that of the GI Application).

In case of no notice of opposition filled within the stipulated time or where an opposition is filed and it is dismissed and the

Form GI-3(B)

appeal period is over, the Registrar shall enter the authorised user in Part B of the register.

The Registrar may issue duplicate or further copies of the certificate of registration as an authorised user on a request in Form GI-7 accompanied by prescribed fee when all the particulars are fulfilled.

Form GI-7

5.

Who is a Producer under GI Act? “Producer” in relation to goods, means any person who, -a.

if such goods are agricultural goods, produces the

Sec. 2 (1)(k)

goods and includes the person who processes or packages such goods; b. if such goods are natural goods, exploits the goods; c.

if such goods are handicraft or industrial goods, makes or manufactures the goods, and Includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods.

6.

Who is the Registered Proprietor under GI Act? “Registered Proprietor” in relation to a geographical indication, means any association of persons or of producer or any

Sec. 2 ((1)n)

organisation for the time being entered in the register as proprietor of the geographical indication.

8.

What is a Homonymous GI? Homonymous GI – are those that are spelled or pronounced

Ref. Sec. 10

alike, but which identify products originating in different places, usually in different countries

9.

Who can apply for the registration of a geographical indication?

Any association of persons, producers, organisation or authority established by or under the law which represent the interest of the producers of the concerned goods

10.

The Jurisdiction of the GI Registry The GI Registry is situated at Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai – 600032., with all-India Jurisdiction.

Sec. 11

11.

How long is the registration of geographical indications valid?

The registration of a geographical indication shall be from the date of the making of the said application for a period of ten years, but may

Sec. 18

be renewed from time to time for further period of ten years each.

12.

When and how can the registration of GI/ Authorised User be

Rule 60

Renewed under the GI Act? Form GI – 3(C), The renewal of the registration of GI & Authorised User can be

Form GI – 4

done through an application in Form GI – 4(A) & Form GI – 3(C) respectively.

The application for renewal can be done at least 6 months before the expiration of the last registration of the GI/ Authorised User.

13.

When is a registered Geographical Indication said to be infringed?

Registered GI is said to be infringed when an unauthorised user, 

Uses a GI by mean of designations or presentation of goods that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which mislead the public as to the geographical origin of such goods.



Uses of GI result in an unfair competition including passing off in respect of registered geographical indication.



Use of another GI to the goods which result in false representation to the public that goods originate in a territory in respect of which a registered geographical indication relates.



Uses such other GI to such goods or class or classes of goods in translation of the true place of origin or accompanied by expression such as “kind”, “style”, “imitation”, or the like expression.

14.

Who can initiate an infringement action?

The registered proprietor or authorised users of a registered

Sec. 22

geographical indication can initiate an infringement action.

15.

Is registration compulsory?

Sec. 23

Registration is not compulsory. But registration gives a better legal protection to facilitate an action for infringement, where the certificate of registration granted acts as a prima facie evidence of the validity in all courts and before the Appellate Board.

16.

How distinct is GI from Trademark?

A GI represents the place of origin of the goods which has certain characteristics that are due to that place of production, enabling the consumers to identify the product is from certain place.

Whereas, a trademark represents the sign used by the enterprise in order to distinguish its goods from the other players in the market, enabling the consumers to identify the products of the entrepreneur.

17.

Can a registered geographical indication be assigned/ transmitted?

Any right to a registered GI cannot be assigned, transmitted,

Sec. 24

licensed, pledge, mortgage or subject to any other agreement.

18.

Is it possible to remove a registered geographical indication or a registered authorised user from the register?

The Appellate Board or the Registrar of Geographical Indications has the power to remove the geographical indication or an authorised user from the register.

19.

Can a person aggrieved from the decisions of the Registrar under

Sec. 31

the Act sought for appeal? If so to which appropriate body?

An appeal within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal can be done to the Appellate Board.

Rule 98

20.

When is a person deemed to falsify a GI? A person shall be deemed to falsify a Geographical Indication,

Sec. 38 (1)

when, acts done without the consent of the authorised user of the geographical indication, makes that geographical indication or deceptively similar geographical indication goods, or involves in falsifying any genuine geographical indication, whether by alteration, addition, effacement or otherwise.

21.

When is a person deemed to falsely apply to goods a GI? A person shall be deemed to falsely apply to goods a geographical indication who, without the assent of the Authorised User of the geographical indication applies such geographical indication or a deceptively similar geographical indication to goods or any package containing goods, or uses any package bearing a geographical indication which is identical with or deceptively similar to the geographical indication of such authorised user, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the authorised user of the geographical indication.

Sec. 38 (1)