Geographical Indication Services in India
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
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.
List of Information Required For Geographical Indication Registration
- Name & address of the applicant.
- Name of the articles to which the indication is to be applied.
- Time of usage by the user
- 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.
- 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.
- 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.
- The geographical area.
- Details of the appearance of the goods.
- The particulars of the producers.
- An affidavit setting out the applicant's right to become the registrant.
- Special characteristics of the geographical indication
- A certified copy of the map of the territory
- Growth attributes in relation to the geographical indication
- Special human skills involved
- The number of producers, and
- 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.