COUNTRY : REPUBLIC OF INDIA
CAPITAL : NEW DELHI
LANGUAGE : ENGLISH
MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, WIPO.
The Intellectual Property Rights Office of India is known as the IPO.
The IP affairs in India are looked after by the Intellectual Property Office (IPO).
The Geographical Indications affairs in India are looked after by:
(i). The Ministry of Commerce.
(ii). The Geographical indication Registry maintained by the Patent Office
Any registered user may bring in an action to establish that the user is using the GI on goods or for goods produced by him wherein the goods do not possess the qualities or characteristics. In such circumstances, legal protection towards such Geographical Indication shall be terminated.
· Geographical Indication is a source indicator informing consumers about a product’s origin from a certain place.
· Geographical Indication confirms certain special characteristics inherent to the product.
1. Geographical Indications
2. Appellations of Origin
Kinds of Geographical Indication not protectable:
· Geographical Indications are not protectable if:
· The use of which would be likely to deceive or cause confusion;
· The use of which would be contrary to any law for the time being in force;
· Which comprises or contains scandalous or obscene matter;
· Which comprise or contains any matter likely to hurt the religious susceptibilities of any class section of the citizens of India;
· Which would otherwise be disentitled to protection in a court;
· Which are determined to be generic names indications of goods and are, therefore, not ceased to be protected in their country of origin;
· Which have fallen into disuse in that country;
· Which although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be.
A single application may be made for registration of a Geographical Indication for different classes of goods.
The following Specifications are required for filing of the Application:
· Statement as to how the geographical indication serves to designate the goods as originating from the concerned territory of the country or region or locality in the country, in respect of specific quality, reputation or other characteristics which are due exclusively or essentially to the geographical, environment, with its inherent natural and human factors, and the
· Production, processing or preparation of which takes place in such territory, region or locality.
· The class of goods to which the geographical indication shall apply;
· The geographical map of the territory of the country or region or locality in the country in which the goods originate or are being manufactured;
· The particulars regarding the appearance of the geographical indication as to whether it is comprised of the words or figurative elements or both;
· A statement containing such particulars of the producers of the concerned goods, if any, proposed to be initially registered with the registration of the geographical indication as may be prescribed; and
· Such other particulars as may be prescribed
Following can apply for the registration of Geographical Indications:
· Association of persons
· Anyone representing the interests of the producers of the concerned goods
Applications upon receipt are subjected to the following examination:
(i). Formal examination
(ii). Substantial examination
For rectification of any deficiencies found during examination, the applicant is given time to correct the same. Non-compliance thereafter, leads to termination of the application.
Once the Registrar accepts the application, it is published in the Geographical Indication journal.
Any objection to the registration of the Geographical Indication may be lodged by interested 3rd parties within 3 months from the date of publication.
If no opposition in the matter, the application is accepted for registration and a registration certificate issued accordingly.
Once all the formalities and compliance are met, the Geographical Indication is registered in the register of Geographical Indications and the authorised user is entered as a user.
It is imperative to note that only registered users are allowed to use the registered Geographical Indications.
If the Geographical Indication is not used, it is liable to be removed from the register.