1. T C James Director Ministry of Commerce & Industry
Geographical Indications of Goods (Registration and Protection) Act and its Implementation
T C James
Director
Ministry of Commerce & Industry

2. PRIOR TO THE GI ACT
Common law system of jurisprudence and remedy of ‘passing off’ action.
Indian courts repeatedly held that use of GI as trade mark is false trade description under the Trade Marks Act.

3. A sui generic law Options – Trade Mark Law or Sui generic law
Sui generic law considered more appropriate
Accordingly, the Geographical Indications of Goods (Registration and Protection) Bill, 1999 was introduced in Parliament.

4. Wide Definition of GI
An indication which identifies goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin

5. In case of manufactured goods one of the activities of either the production or processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be (Section 2[1]{e}).

6. Explanation clarifies that GI need not be a geographical name
E.g. Alphonso, Basmati
Goods include goods of handicraft or of industry and also foodstuff.

7. Registration Provides for registration
Of GIs, Proprietors & Authorized Users [S.6(1)]
Valid for 10 years; renewable ad nauseum (S. 18)
Registration prima facie evidence of validity (S. 23)

8. Who can Register? Producer Authorized User [S.17(1)]
Any association of persons or producers, or
Any Organization/authority established by or under any law
which represent the interests of the producers of the concerned goods [S.11(1)]
Producer includes trader
Authorized User [S.17(1)]

9. Procedure for Registration: Filing
Application in prescribed form along with fee, statement of the case and map to be filed before Registrar of GIs
Statement of Case, inter alia, to contain:
How the GI serves to designate the goods as originating from the concerned territory having a special quality, reputation or other characteristic
Details of the special characteristics and how those standards are maintained
Details of special human skill involved or uniqueness of the geographical environment or the inherent characteristics
Details of inspection structure, if any , to regulate the use of the GI.

10. PRELIMINARY SCRUTINY AND EXAMINATION
Examiner scrutinises for any deficiencies
Applicant to remedy deficiencies within 1 month of communication
Registrar to constitute a Consultative Group of technical and legal experts
On the basis of the Consultative Group report, Examination Report will be issued.

11. SHOW CAUSE NOTICE
Objection to registration to be communicated in writing
Applicant to file reply within 2 months
Registrar may also give a hearing
Applicant may also correct any particular through separate application
Registrar either accepts or rejects the application
Decision of Registrar appealable to the Intellectual Property Appellate Board.

12. PUBLICATION AND REGISTRATION
Accepted applications are published in the GI Journal, within 3 months, inviting opposition
Opposition can be filed by any within months
A copy of the opposition to be given to the applicant by the Registrar
Applicant to file counter statement within 2 months
Registrar to give a copy of the counter statement to the opponent
Registrar hears both parties and decides
Date of filing will be deemed date of registration.

13. Procedure for Registration
Filing of application before the Registrar
Registrar either refuses or accepts subject to conditions
Advertisement for opposition
3 months time for opposition
If no opposition, registration
In case of opposition, copy given to applicant
2 months for filing counter statement

14. Procedure for Registration
If no counter statement, then the application is deemed abandoned
Copy of counter statement to the opponent
Hearing of parties, if so desired
Registrar may add conditions or limitations
Registrar can rely suo motu, on grounds of opposition not raised by opponent

15. Rights Section 21 Exclusive right to use the GI on the goods
Right to obtain relief for infringement of the GI

16. Working of the Act Act brought into force on 15 September 2003
GI Registry established at Chennai
128 applications so far
82 products registered
No authorised user registered so far
No foreign product registered
One foreign application (Pisco) published
No appeals against the decisions of the Registrar of GIs so far.

17. SOME REGISTERED GEOGRAPHICAL INDICATIONS

18. Darjeeling Tea

19. Kangra Tea

20. Nanjangud Banana

21. Coorg Orange

22. Pochamppalli Ikat

23. Mysore silk

24. Bhavani Jamakkalam

25. Kasuti Embroidery

27. Kota Doria

29. Kullu Shawl

30. Aranmula Kannadi (Mirror)

31. Bidriware

32. Channapatna toys

33. Madhubani Paintings

34. SOLAPUR CHADDAR AND TERRY TOWEL

36. MADURAI SUNGUDI

37. SALEM FABRIC

38. ORISSA IKAT

39. PHULKARI EMBROIDERY

40. Karimnagar Silver Filigree

41. ROSE WOOD INLAY OF MYSORE

42. MYSORE TRADITIONAL PAINTINGS

43. Aleppy Coir

44. Mysore sandal soap & oil

46. Horticultural Products from Mysore
Udupi mallige
Mysore mallige
Hadagali mallige

47. Why GI Protection Cultural Arguments Protection of Community Property
Matter of National Pride
Protection of Reputation, Goodwill
Protection of Quality
Protection of the ‘Original’ Product
Facing Challenge of Advances in Plant Breeding and Biotechnology
Protection of Traditional Knowledge.

48. Why GI protection (contd.)
Economic Arguments
Protection Against Unfair Competition
Demand vs.Supply
Advantages of Premium: Niche Market
Consumer Perception of Genuineness of goods
Higher Prices
Attracting Foreign Investors, e.g. partnerships
Important Role in Rural Development
Employment Generation.

49. Economic Benefits French GI cheeses are sold at a premium of Euro 2
Italian Tuscano oil at a premium of 20% since it has been registered as a GI in 1998
85% French wine exports use GIs
80% EU exported spirits use GIs
40% EU consumers are prepared to pay 10% more for origin guaranteed products.
(from europa.eu.int)

50. Why GI protection (contd.)
International Commerce
TRIPS obligation
No protection if not protected in the country of origin

51. GIs in West Bengal Bengali Rosgulla Kolkata Round Sapota
Handia jackfruit
Churnakati rice
Charnock rice

52. Handlooms Bankura Bed sheets, Sarees, Dress Materials, Mixed Fabrics
Baluchar Designed Fabrics, Sarees, Dress Materials
Dinajpur Bed sheets, Sarees, Shirtings
Kolkota Dress Materials, Shirtings, Sheetings, Sarees
Murshidabad Designed Fabrics, Shirtings and Coatings, Sarees, Dress Materials
Nadia Mulls, Sarees, Mixed Fabrics, Dress Materials
Purulia Jamdhanis, Mulls, Sarees, Dhoties, Dress Materials
Shantipur Jamdhanis, Sarees, Dress Materials.

53. Handicrafts
Masks
Kalighat dolls

54. Handicrafts
Sholapith
Terracota
Dhokra

55. What is to be Done?
Protect your Geographical Indications by Registering with the Geographical Indications Registry at Chennai

56. Thank you all