Geographical Indications in India with example
Introduction
Geographical indications are those, which identify a good as originating in a place where a given quality, reputation or other characteristics of good is essentially attributes to it's geographical origin. GI registration is valid for a period of 10 year, and may be renewed thereafter from time to time.
Famous example of geographical indications
India - "Darjeeling tea " was the first GI registered under the GI Act, 1999. This GI is registered in the name of Tea Board Of India.
France- "Champagne and Bordeaux "region famous for their wines.
Requisite for valid Geographical Indications(GI) registration
1.The Gl should point out a particular location or region in India.
2. The goods will also have to refer to the geographical origin element through the qualities, reputation or characteristics.
3. The goods were made, processed or prepared in the mentioned geographical area.
4. The Gl should be original and not just a namesake for the product.
5. A formal proposal needs to be made to the GI Registry.
6. Also, the applications that will be submitted must endure this to hold the position and include the relevant documentation, showing the relationship between the goods and the geographical region.
Who Can Apply For Registration
An application for registration can be filled by any:-
∆ organisation of person or producer, or
∆ organisation or authority established by or under any law
Such organisation or authority representing the interest of the producers of the concerned goods.
Right conferred by registration
Registration of a GI confer the following rights on the registered proprietor and the authorised users:-
• Right to obtain relief in respect of the infringement of the GI, and
• Exclusive right to use the GI in relation to the goods for which GI is registered
Procedure for Registration of Geographical Indications
The procedure for registering a GI and procedure for registering oneself as an authorised user are substantially the same . The procedure is as follows
Restrictions of assignment or transmission
GI is a public property, and being a public property right, is not Assignable Or transmissible by any other means. Therefore, the GI act prohibits the assignment, transmission, licensing, pledge or mortgage in respect of GI.
Infringement of Geographical Indications
Geographical indications' infringement occurs when a product indicate to be from a certain area, and, thus, it is misleading the consumers.
Example- If a company states that the tea they are selling is "Darjeeling" but it is not grown in Darjeeling, India, then it is capturing the geographical indication of genuine Darjeeling tea, which is the quality mark that guarantees that tea is coming from that region and is protected.
Remedy available in case of infringement of Geographical indications
A district court or high court with jurisdiction may hear an action alleging GI infringement.
Remedies available
- Injunction
-Discovery of documents
-Damage or account of profits
-Cease and Deceit order
-Delivery up of the Infringing labels.