corporate law
Until recently, registering Geographical Indications (GIs) in India was not possible due to a lack of statutory protection. Consequently, individuals from outside India often misrepresented goods as not originating from their rightful localities in India. Notable cases like the patenting of turmeric, neem, and basmati have highlighted the importance of Intellectual Property Rights (IPR) in the country.
The concept of Geographical Indications is outlined in Articles 22 to 24 of the WTO Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. This agreement emerged from the Uruguay Round of General Agreement on Tariffs and Trade (GATT) negotiations. India adheres to the provisions of the Geographical Indications of Goods (Registration & Protection) Act, 1999, which came into effect on September 15, 2003. This Act facilitates the registration and protection of GIs related to goods in India.
Some well-known Indian GIs include:
Step 1: Filing an Application
An applicant must file an application for GI status in triplicate, signed by either the applicant or their agent, and accompanied by a statement of case.
Step 2: Preliminary Scrutiny
The examiner will conduct a preliminary scrutiny of the application to identify any deficiencies. These must be rectified within one month of notification.
Step 3: Examination
Following preliminary scrutiny, the application will undergo a detailed examination.
Step 4: Show Cause Notice
If any objections arise from third parties, the Registrar will notify the applicant. The applicant must respond within two months of receiving this notice.
Step 5: Publication in the Geographical Indications Journal
Accepted applications will be published in the Geographical Indications Journal within three months.
Step 6: Opposition to Registration
Any individual may file a notice of opposition within three months of publication in the Journal. The Registrar will serve a copy of the opposition notice to the applicant, who must respond within two months. Failure to do so results in the application being deemed abandoned.
Step 7: Registration
Once the applicant fulfills all requirements, the Registrar will register the geographical indication and issue a certificate bearing the seal of the Geographical Indications Registry.
Step 8: Renewal
A registered GI needs to be renewed every ten years by paying the requisite renewal fee.
Step 9: Additional Protection for Notified Goods
The Act provides additional protection for goods that have been officially notified.
Step 10: Appeal Against the Order
Any person aggrieved by an order or decision has the right to appeal to the Intellectual Property Appellate Board (IPAB) within three months.
Understanding the registration and protection framework of Geographical Indications in India is vital for safeguarding local goods and their unique attributes. Through the Geographical Indication of Goods (Registration and Protection) Act, 1999, India aims to preserve its rich heritage and combat misrepresentation on a global scale.