Shri. Chinnaraja G Naidu Assistant Registrar of GI

Geographical Indications Registry

Identify a product having particularQualities, reputation which is originating from aspecific Geographical region.

Nature has been very kind to India, giving ita potential advantage in terms of economy,culture, climate and intellectuals.

GI is a brand creating mechanism, to fetch a

premium price in the market, indigenous

producers utilize GI business tool. This branding

technology were misused my mischief makers.

Pre -TRIPS ScenarioGlobal:

Widespread imitation / usurpation of GIs

Insufficient / ineffective / uneven protection in different countries

Had to fight for their reputation, even for market access using their names

India:

What triggered the enactment of GI statute?

Need to protect Indian Treasures (Darjeeling tea, Basmati Rice, Bikaner Bhujia, Alphanso Mango, Nagpur Orange and many more)

To prevent GI goods becoming generic

Need for a rule based system that is open, fair and provides for an enforcement mechanism

TRIPS obligation Unless a geographical indication is protected in the

country of its origin, there is no obligation under the TRIPS Agreement for other countries to extend reciprocal protection.

India would, on the other hand, be required to extend protection to goods imported from other countries which provide for such protection.

India is a rich storehouse of goods with reputation or quality which can be adduced to their geographical origin or place of manufacture.E.gs. Pashmina from Kashmir, Kullu Shawl & Kangra Tea fromHimachal Pradesh, Phulkari from Punjab, Kota Doria and Bikaneribhujia from Rajasthan, Banaras Sarees & Brocades from UttarPradesh, Chanderi sari from Madhya Pradesh, Madhubani paintingfrom Bihar, Darjeeling tea from West Bengal, Orisaa Ikat fromOrissa. Pochampalli sarees from Andhra Pradesh, Mysore silk andChannapatna toys from Karnataka, Kanjeepuram sarees and Nilgiritea from Tamil Nadu, Aranmula metal mirror and Green cardamomfrom Kerala

The economic potential of these goods is enormous

Indian GI’s

The law governing geographical indications of goods inthe India adequately protect the interests of producers ofgoods and balancing the interest of General public.

Exclusion of unauthorised persons from misusinggeographical indications would serve to protect consumersfrom deception, add to the economic prosperity of theproducers of such goods and also promote goods bearingIndian geographical indications in the export market.

Geographical Indication of Goods (Registration & Protection) Act, 1999, came into force

since 15-09-2003.

Purely voluntary.

Who can apply.

Method of filing an application.

Concept of authorized user.

Registration Process.

Importance of consultative group of experts.

Additional protection for notified goods.

GI registration provides the registered proprietorand the authorized user the exclusive right toprotect the registered GI on the specified goods

Monopolization of the market enables theproducers to control prices, i.e., can chargepremium prices, thereby enhancing profits

It has been reveal that 80 % consumers are preparedto pay 20 – 30 % higher prices for goods they believeare having better qualities over other goods

Benefits of GI Registration

The Register of Geographical Indications is divided

into two parts. Part ’A’ consists of particulars relating to

registered Geographical Indications and Part ‘B’ consists

of particulars of registered authorized users. The

registration process is similar to both for registration of a

geographical indications and an authorised user.

Agricultural

Natural

Goods of Handicrafts

Industry Manufactured goods

Food Stuffs

- Section (2) (1) (f) of G.I. Act 1999.

Almost all kinds of goods are covered

Manufactured goods include handicrafts and handlooms

• Wide definition of GI• Registration Procedure• Authorised user concept• Collective right concept• Penalties for infringement and offences .• Higher level of protection for notified goods• Prohibition of assignment, etc.• Prohibition of registration of GI as a trademark• Protection for foreign GIs• Independent Passing off action• Appellate Board.

• NAME OF GI (WORD OR LOGO OR LABEL)

To file logo of along with GI for better identification and Protection of GI Rights.

• DETAILS OF APPLICANT: Name and Address of the Applicant

Documentary evidence relating to legal status of a Association of Producers to be provided such as

Memorandum and Articles of Association, Bye-laws, Registration certificates etc.,

• NAME OF THE GOODS AND CLASS:

◦ As per Section (2) (1) (f) of G.I. Act 1999.

Agricultural, Natural, Handicrafts, Industry, Manufactured goods & Food Stuffs

Classification of Goods as per NICE International Classification

GI AREA:THREE CERTIFIED COPIES OF AREA MAP

• The GI area may be indicated by giving details of the longitude and latitude of the production area.

The provided certified map (three copies) issued from a competent statutory authority giving details

of the longitude and latitude of the production area.

• AN AFFIDAVIT TO REPRESENT THE PRODUCERS

The Applicant to file a notarized affidavit in original stating how the applicant claims to represent

and safeguard/protect the interest of producers of proposed GI; Approximate Annual Turnover.

The date, month & year of execution of the affidavit should be mentioned.

• PROOF OF ORIGIN & METHOD OF PRODUCTION:

Brief description about the origin and the evolution of the GI and its productionmethod

The general good practices of Production adopted by the producers in the GIArea to be provided.

The specific standards of Quality and process of sequence of production alongwith the characteristics which make the product Unique to be provided

• SPECIFICATION & DESCRIPTION

Specification of GI product to be to be provided with detailed and clear

characteristic and technical specification.

• UNIQUENESS:

• Peculiar features that makes the GI different from other similar goods.

• The human skill of producer in making of this unique product to be provided.

• PARTICULARS OF INSPECTION BODY

• The inspection structure should be strengthened with an independent Neutral

agency to maintain the quality and regulating the use of Geographical

Indications.

How the geographical indication serves to designate thegoods as originating from the concerned Geographical area,in respect of specific quality, reputation or othercharacteristics which are due exclusively or essentially to thegeographical environment

Three certified copies of the map of the territory , or region .

The particulars of human skills involved or uniqueness of theGeographical environment or other inherent characteristics ofthe GI.

The particulars of the mechanism to ensure that thestandards, quality, integrity, and consistency, or other specialcharacteristic are maintained by the producers, ormanufacturers of the goods;

An affidavit as to how the applicant claim to represent theinterest of the concerned persons, producers, authority ororganizations.

No discrimination Applicant has to give an address for services in India Details of Home country GI Application Same protection under the Law Same procedure for registration Same punishments in case of violation

Any association of persons or producers or anyorganization or authority established by or underlaw representing the interest of producers of theconcerned goods.

Application for registration of a GI should be in the prescribedform (GI-1A to 1D). Accompanied by the prescribed fee –Rs.5000/- Per Class.

It must be made in triplicate along with three copies of astatement of case accompanied by five copies of AdditionalRepresentations, Three certified copies of Map, documents insupport of origin.

Examination of Application

• A Consultative Group shall be constituted consisting of not more than seven members.

• To ascertain the correctness of the particulars furnished in the statement of case.

• Chaired by Registrar of G.I.

• Thereupon Examination Report shall be issued.

Advertisement

•The accepted applications shall be advertised in theGeographical Indications Journal.

If no notice of opposition or application for extension of time for filing notice of opposition is received

With in three months from the date on which the journal was made available to the public and with in extension period of One Month

Validity Of Registration

•Registration is valid for 10 Years from the date of Application.

•Registration is renewable for another 10 years and so on

Who can Apply? An application for the registration as an

authorised user of the registered geographicalindication shall be made by a producer andjointly by the registered proprietor of the said GI

‘Producer’, means, -- any person who produces the goods in case

agricultural goods, and includes the person whoprocesses or packages such goods;

any person who exploits the goods in case ofnatural goods,;

any person who makes or manufactures thehandicraft or industrial goods ,

any person who trades or deals in suchproduction, exploitation, making ormanufacturing of the goods.

How to Apply?

Application for registration of a GI Authorised User should be in the prescribed form (GI-3A).

Accompanied by the prescribed fee for filing a GI Authorised User Application Rs. 500/-.

Statement of case accompanied with an affidavit. A copy of the consent letter from the registered

proprietor or If consent letter is not available, a copy of Application

may be endorsed to Registered proprietor for information.

Fees may be paid by Cash, or Money order, Bank draftsand cheques,

It shall be addressed to the Registrar of Geographical Indications, Payable at Chennai.

GI Authorised user registration provides the authorized user the exclusive right to use the registered GI on the specified goods.

The Authorised users can initiate infringement actions. With the protection assured by GI registration, the

market is developed, pirates and counterfeiters cannot encroach that market.

Consumers are guaranteed of the genuineness of the product and of quality assurance.

Promotes Brand building.

Geographical Indications of Goods (Registration & Protection) Act, 1999Geographical Indications of Goods

(Registration & Protection) Rules, 2002(To be filed in triplicate)

Form GI – 3 (A)Application for the Registration of an Authorised User

Section 17 (1), Rule 56 (1)Fee: Rs. 500/-

Application is hereby made__________________________________________ who is the registeredProprietor of the Geographical Indication____________________________________ registered in Class __________ inrespect of Goods _____________._________________________________ being the proposed Authoriseduser in Part B of the above mentioned registered GeographicalIndication. A statement of Case of those the Applicant claim to beproducer is enclosed herewith. A copy of consent letter from theRegistered Proprietor is enclosed/not enclosed.

All Communications relating to this application may be sent to thefollowing address in India:

Dated this ___ Day of ______ 2010 (Signature of Applicant)

Many registered and potential GIs of India are in the Micro and SME sector

GI protection enables them to develop their market and

increase returns

GIs and Industry

GIs are unique products coming from demarcated areas

Cultivation or manufacturing process itself can attract tourists

Handicrafts and handlooms with special characteristics are always attractive to tourists.

Regions can provide attract tourists to taste the special GI foods or drinks or buy the unique products with discounts

GIs and Tourism