Law Relating to Geographical

Indications

Akash Katariya (17IB306)

 INTRODUCTION
Intellectual property (IP) is a category of property that includes intangible creations of the
human intellect, and primarily encompasses copyrights, patents, and trademarks. It also includes
other types of rights, such as trade secrets, publicity rights, moral rights, and rights against unfair
competition. Artistic works like music and literature, as well as some discoveries, inventions,
words, phrases, symbols, and designs, can all be protected as intellectual property. It was not until
the 19th century that the term "intellectual property" began to be used, and not until the late 20th
century that it became commonplace in the majority of the world.

The main purpose of intellectual property law is to encourage the creation of a large variety of
intellectual goods. To achieve this, the law gives people and businesses property rights to the
information and intellectual goods they create – usually for a limited period of time. This gives
economic incentive for their creation, because it allows people to profit from the information and
intellectual goods they create. These economic incentives are expected to stimulate innovation and
contribute to the technological progress of countries, which depends on the extent of protection
granted to innovators.

Items of intellectual properties can be classified into two main categories:-

a. Industrial Property items

b. Copyright and related rights items.

The industrial properties items include all sort of inventions, trademarks, industrial designs, and
geographic indicators of source. The copyrights and related rights items include all literary works
which range from articles, news-paper items, novels, story books, poetry books etc... The
drawings, photographs, paintings, architectural design, music, dance, films and artistic
performances.

There are also more specialized or derived varieties of sui generis exclusive rights, such as circuit
design rights (called mask work rights in the US) and supplementary protection certificates for
pharmaceutical products (after expiry of a patent protecting them) and database
rights (in European law).
Violation of intellectual property rights, called "infringement" with respect to patents, copyright,
and trademarks, and "misappropriation" with respect to trade secrets, may be a breach of civil law
or criminal law, depending on the type of intellectual property involved, jurisdiction, and the nature
of the action.

As of 2011 trade in counterfeit copyrighted and trademarked works was a $600 billion industry
worldwide and accounted for 5–7% of global trade.

Why Intellectual Property Rights?

The intellectual property rights were essentially recognized and accepted all over the world due to
some very important reasons. Some of the reasons for accepting these rights are:-

a. To provide incentive to the individual for new creations.

b. Providing due recognition to the creators and inventors.

c. Ensuring material reward for intellectual property.

d. Ensuring the availability of the genuine and original products

GEORAPHICAL INDICATIONS

MEANING AND NATURE OF GEOGAPHICAL INDICATIONS

Geographical indications means any indications which define the goods as originating in the
territory of a country or a region or locality in that territory, provided a given quality reputation or
other characteristics of the product are attributable to its geographical origin. this means that the
geographical indications has to indicate that a product of a particular origin has a certain quality
or reputation or some other characteristics, which is essentially attributable to its geographical
origin.

Geographical indications are, for purposes of the TRIPS Agreement, a type of intellectual property
("IP"). "Geographical Indications," ("GIs") are defined, under Article 22(1) of the TRIPS
Agreement, as "indications which identify a good as originating in the territory of a Member, or a
region or locality in that territory, where a given quality, reputation or other characteristic of the
good is essentially attributable to its geographic origin." Geographical indications are valuable to
producers from particular regions for the same reasons that trademarks are valuable. First, they are
source, identifiers; they identify goods as originating in a particular territory, or a region or locality
in that territory. Geographical indications are also indicators of quality they let consumers know
that the goods come from an area where a given quality, reputation or other characteristic of the
goods is essentially attributable to their geographic origin. In addition, GIs are business interests.
GIs exist solely to promote the goods of a particular area. Finally, for purpose of the TRIPS
Agreement, GIs are intellectual property, eligible for relief from acts of infringement and/or unfair
competition.

Geographical indications are used to indicate the regional origin of particular goods, whether they
are agricultural products or manufactured goods, provided that those goods derive their particular
characteristics from their geographic origin. Any producer who meets the standards set by the GI
owner can use a GI. In the United States, the owner of a GI can be any legal entity be it a
government, an association of producers or even an individual.
The registration of geographical indications confers certain rights on the registered proprietor and
the authorized user and they can institute suit for infringements of geographical indications.
In India some of the examples of geographical indications are

• Basmati Rice
• Darjeeling Tea
• Kanchipuram Silk Saree
• Alphanso Mango
• Nagpur Orange

Registration of Geographical Indications

STEP-1 Please check whether the indication comes within the ambit of the definition of a Gl
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.

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 moths 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 counter statement.
 • If he does not do this be shall be deemed to have abandoned his application. Where the
counter-statement has been filed, the registrar shall serve a copy on the person giving the
notice of opposition.
• 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.
 LAW OF COPYRIGHT

MEANING OF COPYRIGHT

(1) For the purposes of this Act, "copyright" means the exclusive right, by virtue of and subject
to the provisions of, this Act,-

(a) In the case of a literary, dramatic or musical work, to do and authorize the doing of any of the
following acts, namely

(i) to reproduce the work in any material form;

(ii) to publish the work;

(iii) to perform the work in public;

(iv) to produce, reproduce, perform or publish any translation of the work;

(vi) to communicate the work by radio-diffusion or to communicate to the public by a loud-speaker

or any other similar instrument the radio-diffusion of the work;

(vii) to make any adaptation of the work;

(viii) to do in relation to a translation or an adaptation of the work any of the acts specified in
relation to the work in clauses (i) to (vi);

(b) in the case of an artistic work, to do or authorise the doing of any of the following acts,
namely:-

(i) to reproduce the work in any material form;

(ii) to publish the work;

(iii) to include the work in any cinematograph film;

(iv) to make any adaptation of the work;

(v) to do in relation to an adaptation of the work any of the acts specified in relation to the work in
clauses (i) to (iii).
(c) in the case of a cinematograph film, to do or authorise the doing of any of the following acts,
namely:-

(i) to make a copy of the film;

(ii) to cause the film, in so far as it consists of visual images, to be seen in public and, in so far as
it consists of sounds, to be heard in public;

(iii) to make any record embodying the recording in any part of the sound track associated with
the film by utilising such sound track;

(iv) to communicate the film by radio-diffusion;

(d) in the case of a record, to do or authorise the doing of any of the following acts by utilising
the record, namely:-

(i) to make any other record embodying the same recording;

(ii) to cause the recording embodied in the record to be heard in public;

(iii) to communicate the recording embodied in the record by radio-diffusion.

(2) Any reference in sub-section (1) to the doing of any act in relation to a work or a translation or
an adaptation thereof shall include a reference to the doing of that act in relation to a substantial
part thereof.

Special provision regarding Copyright in designs registered or Capable of being

registered under the Indian Patents and Designs Act, 1911

(1) Copyright shall not subsist under this Act in any design which is registered under the Indian
Patents and Designs Act, 1911(5 of 1911).

(2) Copyright in any design, which is capable of being registered under the Indian Patents and
Designs Act, 1911(2 of 1911), but which has not been so registered, shall cease as soon as any
article to which the design has been applied has been produced more than fifty times by an
industrial process by the owner of the copyright or, with his license, by any other person.
No copyright except as provided in this Act- No person shall be entitled to copyright or any similar
right in any work, whether published or unpublished, otherwise than under and in accordance with
the provisions of this Act or of any other law for the time being in force, but nothing in this section
shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.

OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER

First owner of copyright- Subject to the provisions of this Act, the author of a work shall be the
first owner of the copyright therein:

Provided that--

(a) in the case of a literary, dramatic or artistic work made by the author in the course of his
employment by the proprietor of a newspaper, magazine or similar periodical under a contract of
service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar
periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first
owner of the copyright in the work in so far as the copyright relates to the publication of the work
in any newspaper, magazine or similar periodical, or to the reproduction of the work for the
purpose of its being so published, but in all other respects the author shall be the first owner of the
copyright in the work;

(b) Subject to the provisions of clause (a), in case of a photograph taken, or a painting or portrait
drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance
of any person, such person shall, in the absence of any agreement to the contrary, be the first owner
of the copyright therein;

(c) in the case of a work made in the course of the author's employment under a contract of service
or apprenticeship, to which clause (a) or clause (b) does not apply, the employer shall, in the
absence of any agreement to the contrary, be the first owner of the copyright therein;

(d) in the case of the Government work, Government shall, in the absence of any agreement to the
contrary, be the first owner of the copyright therein;
(e) in the case of a work to which the provisions of section 41 apply, the international organisation
concerned shall be the first owner of the copyright therein.

Assignment of copyright:- (1) The owner of the copyright in an existing work or the prospective
owner of the copyright in a future work may assign to any person the copyright either wholly or
partially and either generally or subject to limitations and either for the whole term of the copyright
or any part thereof:

Provided that in the case of the assignment of copyright in any future work, the assignment shall
take effect only when the work comes into existence.

(2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright,
the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned,
shall be treated for the purposes of this Act as the owner of copyright and the provisions of this
Act shall have effect accordingly.

(3) In this section, the expression "assignee" as respects the assignment of the copyright in any
future work includes the legal representatives of the assignee, if the assignee dies before the work
comes into existence.

Mode of assignment:- No assignment of the copyright in any work shall be valid unless it is in
writing signed by the assignor or by his duly authorized agent.

Transmission of copyright in manuscript by testamentary disposition:- Where under a bequest

a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic work,
and the work was not published before the death of the testator, the bequest shall, unless the
contrary intention is indicated in the testator's will or any codicil thereto, be construed as including
the copyright in the work in so far as the testator was the owner of the copyright immediately
before his death.

Explanation: - In this section, the expression "manuscript" means the original document
embodying the work, whether written by hand or not.

Right of author to relinquish copyright- (1) The author of a work may relinquish all or any of
the rights comprised in the copyright in the work by giving notice in the prescribed from to the
Registrar of Copyrights and thereupon such rights shall, subject to the provisions of sub-section
(3), cease to exist from the date of the notice.

(2) On receipt of a notice under sub-section (1), the Registrar of Copyrights shall cause it to be
published in the Official Gazette and in such other manner as he may deem fit.

(3) The relinquishment of all or any of the rights comprised in the copyright in a work shall not
affect any rights subsisting in favour of any person on the date of the notice referred to in sub-
section (1).