GEOGRAPHICAL INDICATIONS
Welcome to our Geographical Indication (GI) Practice, where we specialize in helping businesses and communities protect and promote their unique products and cultural heritage through geographical indications. Our experienced team of legal experts is dedicated to assisting clients in navigating the intricacies of GI protection and strategy.
Geographical indications are powerful tools that link products to their specific geographical origin, showcasing their unique qualities, heritage, and traditional production methods. Our GI Practice offers a comprehensive range of services tailored to your specific needs:
1. GI Registration:
We guide you through the process of registering your products under geographical
indications, securing legal protection that prevents misuse and unauthorized use.
2. GI Strategy and Evaluation:
Our experts assess the suitability of your products for GI protection and provide strategic advice on developing a successful GI application.
3. GI Portfolio Management:
We assist in managing your GI portfolio, offering guidance on renewals, amendments, and expanding the scope of protection.
4. GI Enforcement and Litigation:
In cases of GI misuse or infringement, our team provides vigorous representation to safeguard your GI rights, whether through negotiation, legal action, or compliance measures.
5. GI Promotion and Marketing:
We help you develop strategies for promoting your GI-protected products, enhancing their visibility and market appeal.
6. GI Collaboration and Community Engagement:
We facilitate collaborations between producers, communities, and stakeholders to strengthen the value of your geographical indication.
7. Global GI Strategy:
If your products have international reach, our experts can help you navigate the complexities of protecting your GI rights across various jurisdictions.
8. GI Compliance and Quality Control:
We offer guidance on maintaining the authenticity and quality of your products, ensuring they meet the standards associated with your GI.
At our Geographical Indication Practice, we recognize the cultural, economic, and social significance of geographical indications and their role in preserving heritage and fostering sustainable development. Our team is dedicated to providing solutions that align with your product's identity, cultural values, and business objectives.
Whether you're a producer, association, or community seeking to protect and promote your unique products, our Geographical Indication Practice is here to assist you in navigating the evolving landscape of GI law and regulations.
Contact us today to schedule a consultation and learn how we can help you safeguard and celebrate your geographical heritage.
FAQs
It is an indication of a product origination from a geographical territory, in respect of agricultural, natural or manufactured goods, which are produced in that territory and have special quality, reputation and other characteristics; These characteristics, however, must be new, distinct, uniform and stable.
The Government of India has passed Geographical Indications of goods (Registration & Protection), 1999. However, the Act has yet to be notified to be effective. The office of the Registrar of Geographical Indication is established at Chennai.
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Registration
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– confers legal protection;
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prevents unscrupulous traders from taking undue advantage by misrepresentation and misleading the consumers ;
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prevents unauthorised use ;
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– ensures consumer
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Protection as they get
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genuine goods
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promotes economic prosperity
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An application for registration of a Geographical Indications can be made by any Associations of
Persons / Producers or authority established under any law representing the Producers of the concerned goods.
e.g. all Boards established by Government like the Coffee Board, Tea Board and Spices Board are empowered to initiate the original applications. Similarly, all the producers of Kanchipuram Silk or Banarasi Saris and Ratnagiri’s Alphanso mangoes as well can apply for registration through their Association for protection and prevent any misuse.
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Applications in relation to the following types of goods shall not be registered ;
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the use of which is likely to deceive or cause confusion;
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is contrary to any law for the time being in force; or
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comprises or contains scandalous or obscene matter; or
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any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or
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GI which is disentitled to protection in a Court of Law
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GI with respect to goods or class of Goods which have become generic in India on or before January 1, 1995.
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This is according to one of the provision as specified in TRIPS e.g. the “Cheddar” Cheese is now produced all over the world and not confined to its source from a part of UK.
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–A Statement relating to GI and
the concerned product
–The Class of goods (Int’l
Classification)
–The territory and its map
–The particulars of appearance
–The particulars of special
characteristics
–Standard characteristics
–Special human skill involved
–Number of authorised producers
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The application along with the information and documents is accepted by the Registrar or if required, further information or documents are called for.
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After acceptance of the application, the same is advertised in a Govt. Journal which remains open for opposition for a period of 3 months from the date of advertisement.
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If any Notice of Opposition is filed, the applicant is required to file his Counter Statement within a period of two months from the date of receipt of such Notice of Opposition.
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Thereafter, both the parties are required to file evidence in support of opposition in the form of Affidavit and after giving an opportunity of being heard, the matter will be decided by the Registrar. The order of the Registrar is subject to appeal before the proposed Intellectual Property Appellate Board.
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If there is no opposition or if the opposition is decided in favour of the applicant, the Registrar will issue a Certificate of Registration of Geographical Indication accordingly
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Yes. GI application, once registered is valid initially for 10 years and is to be renewed for every 10 years. Registration will be lapsed / cancelled if the renewal, is not made within 6 months of its due date.
Contact Us
121, SolarisOne
(Hubtown Solaris)
NS Phadke Marg,
Andheri East,
Mumbai 400069,
INDIA
HEAD OFFICE - MUMBAI
Shop 1, Ashoka Realty,
Sacred Heart Town,
Wanawadi, Pune 411010,
INDIA
PUNE OFFICE
Westend Mall,
District Centre,
Janakpuri,
New Delhi 110058,
INDIA
DELHI OFFICE
Resources
INTERNATIONAL REGISTRATION -
HOW TO GET IT RIGHT
MADE (RID) IN INDIA
FUNDAMENTALS OF INDUSTRIAL DESIGN