Geographical Indication

A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g. a town, region, or country). The use of a geographical indication, as a type of indication of source, may act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin.

Object of the Geographical Indication Services of Goods (Registration And Protection ) Act, 1999 is to provide for the registration and better protection of geographical indications services relating to goods in India. It is an indication of goods originating from a definite geographical territory. It is used to identify agricultural, natural or manufactured goods; the manufactured goods should be produced or processed or prepared in that territory and have a special quality or reputation.The primary purpose of this Act is to provide legal protection to Indian Geographical Indications which in turn boost exports. Registration of Geographical indication services promotes economic prosperity of producers of goods produced in a geographical territory. Examples of geographical indications services are Basmati Rice, Darjeeling Tea, Kanchipuram Silk Sari, etc.

Who Can Apply ?

Any association of persons or producers, or any organization or authority established by or under the law, can apply to register a geographical indication services. The applicant must represent the interests of the producers. Producers are parties that work with the following categories of goods:Agricultural Goods, Including Production, Processing, Trading or Dealing; Natural Goods, Including Exploiting, Trading or Dealing; and Handicrafts or Industrial Goods, Including Making, Manufacturing, Trading or dealing.Prescribed Form

TRANSFER/ASSIGNMENT

A geographical indication services is a public property belonging to the producers of the concerned goods. It shall not be the subject matter of assignment, transmission, licensing, pledge,mortgage or such other agreement. However, when an authorized user dies, his right devolves on his successor in title.

Procedure for Geographical Indication

  • Fill Geographical Indication form

    All you need to do is complete our simple form and provide your basic information which will be required.

  • Conduct Geographical Indication Search

    After receiving all the documents from your side, we will conduct a patentability search for you.

  • Prepare Application

    On basis of your basic information and documents, we will draft your Patent application

  • Geographical Indication Submission

    After the final review, we will file the Geographical Indication application with Indian Geographical Indication office.

  • Your work is completed

    After submitting all the documents and Geographical Indication application, we will mail you the acknowledgement regarding same.

    CONGRATULATIONS

List of Information Required For Geographical Indication Registration

  • 1- Name & address of the applicant.
  • 2- Name of the articles to which the indication is to be applied.
  • 3-Time of usage by the user
  • 4- The applicant shall file an affidavit testifying to such user with exhibits showing the geographical indication as used, the volume of sales under that geographical indication , the definite territory of the country, region or locality in the country to which geographical indication relates, etc.
  • 5- Representation of the geographical indication in the space provided on the application form for that purpose provided the size of such representation shall not exceed 33 centimeters by 20 centimeters with a margin of 4 cm. on the left hand side.
  • 6- A geographical signification of the indication regarding the goods, explaining how the indication serves to designate the goods as a geographical indication; the class of goods.
  • 7- The geographical area.
  • 8- Details of the appearance of the goods.
  • 9- The particulars of the producers.
  • 10- An affidavit setting out the applicant's right to become the registrant.
  • 11- Special characteristics of the geographical indication.
  • 12- A certified copy of the map of the territory.
  • 13- Growth attributes in relation to the geographical indication.
  • 14- Special human skills involved.
  • 15- The number of producers, and.
  • 16- Details of any inspection structures to regulate use of the geographical indication.

Once a geographical indication has been registered, any person claiming to be a producer of goods covered by the registered geographical indication can file an application for registration as an authorized user in Part B of the register. The procedure for registration as an authorized user is similar to that for the registration of a geographical indication.

Advantage of Registering Geographical Indication

Most of the associations often think whether it is worthwhile to go for geographical indication protection. Below are some of the advantages of geographical indication protection which will help them figure out the importance of protection.

Boosts Exports:

The prime purpose of the geographical indications act is to provide a legal protection to geographical indications which encourages the marketers to expand their business worldwide. Therefore, the protection of geographical indications boosts exports.

Economic Growth:

The protection of geographical indications helps in the economic prosperity of the producers. The marketing of GI products enhances the secondary economic activities in the GI region which boosts the regional economic development. The protection of geographical indications helps in building a good reputation and rewards the producers with incentives.

Prevents Misuse of GI Tag:

A geographical indication is represented by a GI tag. The protection of the GI tag prevents misuse of a registered Geographical Indication. The producer has a legal right to charge anyone not belonging to the GI region trying to use their GI tag and save his reputation from being damaged. The farmers selling products of a given region have to face less competition from fake people who sell bogus products.

Boosts Tourism:

The protection of geographical indications builds a reputation for the GI product throughout the world. More and more people notice the various GI products from various regions which in turn motivates them to visit those places for accessing those products. This helps in the growth of the tourism industry.

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