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Geographical Indications (GI)

Geographical Indications of Goods are defined as that aspect of industrial property which refers to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product. Typically, such a name conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country. Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs. They are also covered under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations. India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 has come into force with effect from 15th September 2003.

Who can apply?

Any association of persons or producers or any organization or authority established by or under law representing the interest of producers of the concerned goods

How to apply?

The Registration Process

STEP 1: Filing of application

Please check whether the indication comes within the ambit of the definition of a GI under section 2(1) (e). The association of persons or producers or any organization or authority should represent the interest of producers of the concerned goods and should file an affidavit how the applicant claims to represent their interest.

Application must be made in triplicate.

The application shall be signed by the applicant or his agent and must be accompanied by a statement of case.

Details of the special characteristics and how those standards are maintained.

Three certified copies of the map of the region to which the GI relates.

Details of the inspection structure if any to regulate the use of the GI in the territory to which it relates.

Give details of all the applicant together with address. If there is a large number of producers a collective reference to all the producers of the goods may be made in the application and the G.I., If registered will be indicated accordingly in the register.

Please send your application to the following address in India:

Geographical Indications Registry Intellectual Property Office Building Industrial Estate, G.S.T Road Guindy, Chennai – 600 032

Ph: 044 – 22502091-93 & 98 Fx: 044 – 22502090 E-mail: gir-ipo@nic.in Website: ipindia.gov.in

The applicant must have an address for service in India. Generally, application can be filed by (1) a legal practitioner (2) a registered agent.

STEP 2 and 3: Preliminary scrutiny and examination

The Examiner will scrutinize the application for any deficiencies.

The applicant should within one month of the communication in this regard, remedy the same.

The content of statement of case is assessed by a consultative group of experts will versed on the subject.

The will ascertain the correctness of particulars furnished.

Thereafter an Examination Report would be issued.

STEP 4: Show cause notice

If the Registrar has any objection to the application, he will communicate such objection.

The applicant must respond within two months or apply for a hearing.

The decision will be duly communicated. If the applicant wishes to appeal, he may within one month make a request.

The Registrar is also empowered to withdraw an application, if it is accepted in error, after giving on opportunity of being heard.

STEP 5: Publication in the geographical indications Journal

Every application, within three months of acceptance shall be published in the Geographical Indications Journal.

STEP 6: Opposition to Registration

Any person can file a notice of opposition within three months (extendable by another month on request which has to be filed before three months) opposing the GI application published in the Journal.

The registrar shall serve a copy of the notice on the applicant.

Within two months the applicant shall sent a copy of the counterstatement.

If he does not do this be shall be deemed to have abandoned his application. Where the counter-

statement has been opposition.

filed, the registrar shall serve a copy on the person giving the notice of

Thereafter, both sides will lead their respective evidences by way of affidavit and supporting documents.

A date for hearing of the case will be fixed thereafter.

STEP 7: Registration

Where an application for a GI has been accepted, the registrar shall register the geographical indication. If registered the date of filing of the application shall be deemed to be the date of registration.

The registrar shall issue to the applicant a certificate with the seal of the Geographical indications registry.

STEP 8: Renewal

A registered GI shall be valid for 10 years and can be renewed on payment of renewal fee.

STEP 9: Additional protection to notified goods

Additional protection for notified goods is provided in the Act.

STEP 10: Appeal

Any person aggrieved by an order or decision may prefer an appeal to the intellectual property appellate board (IPAB) within three months. The address of the IPAB is as follows:

Intellectual Property Appellate Board Annexe 1, 2 nd Floor, Guna Complex, 443, Anna Salai, Chennai – 600 018

What Indications are not registrable?

For registrability, the indications must fall within the scope of section 2(1) e of GI Act, 1999. Being so, it has to also satisfy the provisions of section 9, which prohibits registration of a Geographical Indication

the use of which would be likely to deceive or cause confusion; or

 

the use of which would be contrary to any law for the time being in force; or

 

which comprises or contains scandalous or obscene matter; or

 

which

comprises or contains

any

matter likely

to

hurt the

time

being

in

force;

religious

susceptibilities of any class or section of the citizens of India; or

 

which would otherwise be disentitled to protection in a court; or

which are determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their country of origin or which have fallen into disuse in that country; or

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.

Explanation 1 to section 9 says that for the purposes of this section, “generic names of indications” in relation to goods which although relates to the place of the region where the goods was originally produced or manufactured, has lost its original meaning and has become the common name of such goods and serves as a designation for an indication of the kind, nature, type of other property or characteristic of the goods.

Explanation 2 further says that “in determining whether the name has become generic, account shall be taken of all factors including the existing situation in the region or place in which the name originates and the area of consumption of the goods.”

Additional protection to certain goods

An application may be made to the registrar in respect of goods notified by the central Government for additional protection for a registered geographical indication in Form GI-9 accompanied in triplicate along with a statement of case and shall be accompanied with the copy of the notification issued. The application shall be made jointly by the registered proprietor of the Geographical indications in India and by all the producers of the Geographical indication.

Affidavits

  • 1. The Affidavits required by the Act and the rules to be filed at the Geographical indications Registry or furnished to the Registrar, unless otherwise provided in the matter or matters to which they relate, paragraphs consecutively numbered, and each paragraph shall as far as practicable be confined to one subject. Every affidavit shall state the description and the true place of abode of the person filing it and shall state on whose behalf it is filed.

  • 2. Affidavits

shall

be

taken-

a.In India-before any court or person having by law authority to receive evidence, or before any

officer

empowered

by

such

court as aforesaid to administer oaths or to take affidavit,

b. In any country or place outside India before a diplomatic or consular Officers (Oaths and Fee) Act, 1948, or such country or place, or before a notary public or before a judge or magistrate of the country or place.

  • 3. Where the deponent is illiterate blind or unacquainted with the language in which the affidavit is written a certificate by the person taking the affidavit that the affidavit has read translated or explained in his presence to the deponent made his signature or mark in his presence shall appear in the jurat.

  • 4. Every affidavit filed before the Registrar in connection with any of the proceedings under the Act or the rules shall be duly stamped under the law for the time being in force.

Inspection of Documents by the Public

A copy of the register and such of the other documents mentioned in section 78, as the Central Government may by inspection at each branch office of the Geographical Indications Registry as and when established.

2.

  • 3. The inspection shall be a payment of the prescribed free and at such times on all the days on which the offices of the Geographical Indications Registry are not closed to the public as may be fixed by the registrar.

  • 4. Distribution of copies of journal and other documents. The Central Government may direct the Registrar to distribute the necessary to such places as may be fixed by the Central Government in consultation with the State Government and notified form time to time in the Official Gazette.

Procedure for Filing G.I Application

I. Form and signing of application

  • 1. Every application for the registration of a geographical indication shall be form (GI-1A to ID) accompanied by the prescribed fee ( Rs.5,000).

made in the prescribed

  • 2. It shall be signed by the applicant or his agent.

  • 3. It must be made in triplicate along with three copies of a Statement of Case accompanied by five additional representations.

II. Fees

  • 1. Fees may be paid in cash or sent by money order or by a bank draft or by a cheque.

  • 2. Bank Drafts or cheques shall be crossed and be made payable to the Registrar at the appropriate office of the Geographical Indication Registry.

  • 3. It should be drawn by a scheduled bank at the place where the appropriate office of the Geographical Indications Registry is situated.

  • 4. Where a document is field without fee or with insufficient fee such document shall be deemed to have not been filed.

III. Sizes

  • 1. All applications shall

be typewritten, lithographed or printed in Hindi or in English.

  • 2. It should in large and legible characters with deep permanent ink upon strong paper, on one side only.

  • 3. The size should be a approximately 33 cms by 20 cms and shall have on the left and part thereof a margin of not less than 4 centimeters.

IV. Signing of documents

1. In case of

An association of persons or producers shall be signed by the authorized signatory.

A body corporate or any organization or any authority established by or under any law for the time being in force shall be signed by the Chief Executive, or the Managing Director or the secretary or other principal officer.

In case of partnership it shall be signed by at least one of the partners.

  • 2. The capacity in which an individual signs a document shall be stated below his signature.

  • 3. Signatures shall be accompanied by the name of the signatory in English or in Hindi and in capital

letters.

V. Principal place of business in India

  • 1. Every application for registration of a G.I shall state the principal place of business in India.

  • 2. A body corporate should state the full name and nationality of the Board of Directors.

  • 3. Foreign applicants and persons having principal place of business, in their home country should furnish an address for service in India.

  • 4. In the case of a body corporate or any organization or authority established by or under any law for the time being in force, the country of incorporation or the nature of registration, if any, as the case may be shall be given.

VI. Convention Application should contain the following

  • 1. A certificate by the Registry or competent authority of the Geographical Indications Office of the convention country.

  • 2. The particulars of the geographical indication, the country and the date or dates of filing of the first application.

  • 3. The application must be the applicants’ first application in a convention country for the same geographical indications and for all or some of the goods.

  • 4. The application must include a statement indicating the filing date of the foreign application, the convention country where it was filed, the serial number, if available.

VII. Statement of user in applications

An application to register a geographical indication shall contain a statement of user along with an affidavit.

VIII. Content of Application

Every application shall be made in the prescribed forms and shall contain the following:

2.

The three certified copies of class of goods to which the geographical indication relates

2. The three certified copies of class of goods to which the geographical indication relates
  • 3. The geographical map of the territory.

  • 4. The particulars of the appearance of the geographical indication words or figurative elements or both;

  • 5. A statement containing such particulars of the producers of the concerned goods proposed to be initially resisted. Including a collective reference to all the producers of the goods in respect of which the application is made.

  • 6. The statement contained in the application shall also include the following:

o

An affidavit as to how the applicant claim to represent the interest of the association of persons or producers or any organization or authority established under any law.

o

The standards benchmark for the use of the geographical indication or the industry standard as regards the production, exploitation, making or manufacture of the goods having specific quality, reputation or other characteristic of such goods that is essentially attributable to its geographical origin with the detailed description of the human creativity involved, if any or other characteristic;

o

The particulars of the mechanism to ensure that the standards, quality, integrity and consistency or other special characteristic are maintained by the producers, or manufacturers of the goods.

o

Three certified copies of the map of the territory, region or locality;

o

The particulars of special human skill involved or the uniquess of the geographical environment or other inherent characteristics associated with the geographical indication.

o

The full name and address of the association of persons or organization or authority representing the interest of the producers of the concerned goods;

o

Particulars of the inspection structure;In case of a homonymous indication, the material factors differentiating the application from the registered geographical indications and particulars of protective measures adopted.

IX. Acknowledgement of receipt of applications:

  • 1. Every application of the registration of a geographical indication in respect of any goods shall, on receipt be acknowledged by the Registrar.

  • 2. The acknowledgement shall be by way of return of one of the additional representations with the official number of the application duly entered thereon.

Classification of goods– Name of the classes

substances for preserving foodstuffs; tanning substances; adhesive used in industry

Class 2

Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists

Class 3

Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices

Class 4

Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks

Class 5

Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides

Class 6

Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores

Class 7

Machines and machine tools; motors and engines (except for land vehicles); machinecoupling and transmission components (except for land vehicles); agriculturalimplements other than hand-operated; incubators for eggs

Class 8

Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9

Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life saving and teachingapparatus and instruments; apparatus for recording, transmission or reproduction ofsound or images; magnetic data carriers, recording discs; automatic vending machinesand mechanisms for coin-operated apparatus; cash registers, calculating machines, dataprocessing equipment and computers; fire extinguishing apparatus

Class 10

Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyesand teeth; orthopedic articles; suture materials

Class 11

Apparatus for lighting, heating, steam generating, cooking, refrigerating, dryingventilating, water supply and sanitary purposes

Class 12

Vehicles; apparatus for locomotion by land, air or water

Class 13

Firearms; ammunition and projectiles; explosives; fire works

Class14

Precious metals and their alloys and goods in precious metals or coated therewith, notincluded in other classes; jewellery, precious stones; horological and other chronometricinstruments

Class15

Musical instruments

Class 16

Paper, cardboard and goods made from these materials, not included in other classes;printed matter; bookbinding material; photographs; stationery; adhesives for stationery orhousehold purposes; artists’ materials; paint brushes; typewriters and office requisites(except furniture); instructional and teaching material (except apparatus); plasticmaterials for packaging (not included in other classes); playing cards; printers' type;printing blocks

Class 17

Rubber, guttapercha, gum, asbestos, mica and goods made from these materials and notincluded in other classes; plastics in extruded form for use in manufacture; packing,stopping and insulating materials; flexible pipes, not of metal

Class 18

Leather and imitations of leather, and goods made of these materials and not included inother classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols andwalking sticks; whips, harness and saddlery

Class 19

Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitchand bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20

Class 21

Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork,reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl,meerschaum and substitutes for all these materials, or of plastics Household or kitchen utensils and containers(not of precious metal or coated therewith);combs and sponges; brushes(except paints brushes); brush making materials; articles forcleaning purposes; steelwool; unworked or semi- worked glass (except glass used inbuilding); glassware, porcelain and earthenware not included in other classes

Class 22

Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in otherclasses) padding and stuffing materials(except of rubber or plastics); raw fibrous textilematerials

Class 23

Yarns and threads, for textile use

Class 24

Textiles and textile goods, not included in other classes; bed and table covers.

Class 25

Clothing, footwear, headgear

Class 26

Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles;artificial flowers

Class 27

Carpets, rugs, mats and matting, linoleum and other materials for covering existingfloors; wall hangings(non-textile)

Class 28

Games and playthings, gymnastic and sporting articles not included in other classes;decorations for Christmas trees

Class 29

Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits andvegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats

Class 30

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparationsmade from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, bakingpowder; salt, mustard; vinegar, sauces, (condiments); spices; ice

Class 31

Agricultural, horticultural and forestry products and grains not included in other classes;live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs foranimals, malt

Class 32

Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruitjuices; syrups and other preparations for making beverages

Class 33

Alcoholic beverages(except beers)

Class 34

Tobacco, smokers’ articles, matches

State Wise Registration Details of G.I Applications

S.

Application no.

Geographical indications

Goods (As per Sec

Act(1999)

State

No

2(f) of GI

 

FROM APRIL 2004-MARCH 2005

 
  • 1. Darjeeling Tea (word & logo)

1&2

Agricultural

West Bengal

 

FROM APRIL 2005-MARCH 2006

 
 

Himachal

 
  • 2. 25

Kangra Tea

Agricultural

Pradesh

  • 3. 33

Coorg Orange

Agricultural

Karnataka

 

FROM APRIL 2006-MARCH 2007

 
  • 4. Mysore Betel leaf

34

Agricultural

Karnataka

  • 5. Nanjanagud Banana

35

Agricultural

Karnataka

 

FROM APRIL 2007-MARCH 2008

 
  • 6. Mysore Jasmine

69

Agricultural

Karnataka

 
  • 7. 70

Udupi Jasmine

Agricultural

Karnataka

  • 8. Hadagali Jasmine

71

Agricultural

Karnataka

 
  • 9. 17

Navara Rice

Agricultural

Kerala

  • 10. PalakkadanMatta Rice

36

Agricultural

Kerala

  • 11. 49&56

Malabar Pepper

Agricultural

Kerala

  • 12. Allahabad Surkha

50

Agricultural

Uttar Pradesh

  • 13. Monsooned Malabar Arabica Coffee

85

Agricultural

Karnataka

  • 14. Monsooned Malabar Robusta Coffee

114

Agricultural

Karnataka

  • 15. Spices –Alleppey Green

72

Agricultural

Kerala

 

Cardamom

  • 16. Coorg Green Cardamom

78

Agricultural

Karnataka

 

FROM APRIL 2008 - MARCH 2009

 
  • 17. Eathomozhy Tall Coconut

110

Agricultural

Tamil Nadu

  • 18. Pokkali Rice

81

Agricultural

Kerala

  • 19. LaxmanBhog Mango

111

Agricultural

West Bengal

  • 20. Khirsapati (Himsagar) Mango

112

Agricultural

West Bengal

  • 21. Fazli Mango grown in the district of Malda

113

Agricultural

West Bengal

  • 22. Naga Mircha

109

Agricultural

Nagaland

  • 23. Nilgiri (Orthodox) Logo

116 & 117

Agricultural

Tamil Nadu

  • 24. Assam (Orthodox) Logo

115 & 118

Agricultural

Assam

  • 25. Virupakshi Hill Banana

124

Agricultural

Tamil Nadu

  • 26. Sirumalai Hill Banana

126

Agricultural

Tamil Nadu

 

FROM APRIL 2009-MARCH 2010

 
  • 27. Mongo MalihabadiDusseheri

125

Agricultural

Uttar Pradesh

  • 28. Vazhakulam Pineapple

130 & 141

Agricultural

Kerala

  • 29. DevanahalliPomello

131

Agricultural

Karnataka

  • 30. Appemidi Mango

132

Agricultural

Karnataka

  • 31. Kamalapur Red Banana

133

Agricultural

Karnataka

 

FROM APRIL 2010-MARCH 2011

 
  • 32. BikaneriBhujia

142

Agricultural

Rajasthan

  • 33. Guntur SannamChilli

143

Agricultural

Andhra

Pradesh

  • 34. Mahabaleshwar Strawberry

154

Agricultural

Maharashtra

  • 35. WayanadJeerakasala Rice

186

Agricultural

Kerala

  • 36. WayanadGandhakasala Rice

187

Agricultural

Kerala

  • 37. Central Travancore Jaggery

163

Agricultural

Kerala

  • 37. 165

Nashik Grapes

Agricultural

Maharashtra

  • 38. 129

Byadagichilli

Agricultural

Karnataka

 

FROM APRIL 2011-MARCH 2012

 
  • 39. GirKesar Mango

185

Agricultural

Gujarat

  • 40. Bhalia Wheat

192

Agricultural

Gujarat

  • 41. UdupiMattuGullaBrinijal

199

Agricultural

Karnataka

  • 42. GanjamKewdaRooh

228

Agricultural

Orissa

  • 43. Ganjumkewda Flower

229

Agricultural

Orissa

 

FROM APRIL 2012-MARCH 2013

 
  • 44. Madurai Malli

238

Agricultural

Tamil Nadu

  • 45. Bangalore Blue Grapes

211

Agricultural

Karnataka

 

FROM APRIL 2013-Till Date

 
  • 46. Kalanamak Rice

205

Agricultural

Uttar Pradesh

Other products registered under Geographical Indications are

Geographical Indications

Product

State

Pochampally Ikat

Textiles

Andhra Pradesh

Chanderi Saree

Textiles

Madhya Pradesh

Kotpad Handloom Fabric

Textiles

Orissa

Kota Doria

Textiles

Rajasthan

Kancheepuram Silk

Textiles

Tamil Nadu

Bhavani Jamakkalam

   
Textiles Tamil Nadu

Textiles

Tamil Nadu

Salem Fabric

Textiles

Tamil Nadu

Solapur Chaddar

Textiles

Maharashtra

Solapur Terry Towel

Textiles

Maharashtra

Mysore Silk

Textiles

Karnataka

Kullu Shawl

Textiles

Himachal Pradesh

Madurai Sungudi

Textiles

Tamil Nadu

Mysore Agarbathi

Incense Sticks

Karnataka

Mysore Sandalwood Oil

Essential Oil

Karnataka

Mysore Sandal Soap

Soap

Karnataka

Aranmula Kannadi

Handicrafts

Kerala

Bidriware Handicrafts Karnataka Channapatna Toys and Dolls Handicrafts Karnataka Mysore Rosewood Inlay Handicrafts Karnataka Coimbatore Wet
   

Bidriware

   
Handicrafts Karnataka

Handicrafts

Karnataka

Channapatna Toys and Dolls

Handicrafts

Karnataka

Mysore Rosewood Inlay

Handicrafts

Karnataka

Coimbatore Wet Grinder

Industrial

Tamil Nadu

Kasuti Embroidery

Handicrafts

Karnataka

Mysore Traditional Paintings

Handicrafts

Karnataka

Orissa Ikkat

Textiles

Orissa

Kalahasti Kalamkari

Handicrafts

Andhra Pradesh

Kondapalli Bommalu

Handicrafts

Andhra Pradesh

Madhubani Painting

Paintings

Bihar

Thanjavur Painting

Paintings

Tamil Nadu

Silver Filigree of Karimnagar

Handicrafts

Andhra Pradesh

Alleppey Coir

   
Coir Products Kerala

Coir Products

Kerala

Mysore Malligae

Horticulture

Karnataka

Udupi Malligae Horticulture Karnataka Muga Silk Textiles Assam Temple Jewellery of Nagercoil Handicrafts Tamil Nadu Palakkadan
   

Udupi Malligae

   
Horticulture Karnataka

Horticulture

Karnataka

Muga Silk

Textiles

Assam

Temple Jewellery of Nagercoil

Handicrafts

Tamil Nadu

Palakkadan matta’

Agriculture

Kerala

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