INTELLECTUAL PROPERTY RIGHTS

INDUSTRIAL RIGHTS

PATENTS
DESIGNS
TRADEMARKS
LAYOUT DESIGNS OF ICs
TRADE SECRETS
GEOGRAPHICAL INDICATIONS

COPYRIGHTS & RELATED RIGHTS

 IPR gives the creator exclusive right over the Creation of

human mind like technology, designs, literature, et cetera.

IPR gives protection to creation of human mind.

 It is an indication
It originates 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.
It should have a special quality or reputation or
other characteristics
Live examples
Eg:-

 GIs are essentially the DNA of Nature impregnated

into the Mother Earth difficult to clone and

beyond scientific calculation.
GIs

are about culture, geography, traditions,

heritage and traditional practices of people and
countries.
Add examples

 Name of a country region or locality (Darjeeling

Tea)
Any name which relates to a specific
Geographical area and is used upon or in
relation to particular goods originating from
that country region or locality (Basmati Rice)
Goods: Agricultural, Natural, Manufactured,
Handicrafts, Industrial Products, Food Stuffs,
wine and Spirit

 Rice: Basmati, Nellore

Wheat: Punjab, MP, UP
Fruits: Nagpur Orange
Spice: Malabar Pepper

 Illuminate and Monosite of Kerala

South African Diamonds
Neyveli Lignite

 Textiles: Pochampally Ikat, Kanchipuram Silk,

Mysore Silk
Leather Products: Kolhapuri Chappals

 Mysore Rosewood Inlay (Karnatak)

Chanapattana Toys and Dolls (Karnatak)
Tanjavur Art Plate
Arnmula Kannadi (Kerala)
Bidri Ware (Karnatak)

 Swiss watches
Coimbatore Wet Grinders

 Andhra Pickles
Agra Peta
Bikaneri Bhujiya

 Goan Feni
Champagne
Scoth Whisky

The following geographical indications are not registrable

under the Indian GI Act:
(a) the use of which would be likely to deceive or cause
confusion,
(b) the use of which would be contrary to any law for the time
being in force,
(c) which comprises or contains scandalous or obscene matter,
(d) which comprises or contains any matter likely to hurt the
religious susceptibilities of any class or section of the citizens of
India,
(e) which would otherwise be disentitled to protection in account,
(f) 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,
and
(g) 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.

Consumers Point :
GIs are denoting quality and origin of the products. If
not protected properly many of the GIs which have
acquired
reputation
and
good
will
could
be
misrepresented by unscrupulous commercial operators.

Producers Point :
Producers of genuine GI products suffer damage
because their valuable business is taken away from
them and their long standing reputation and
goodwill are spoiled.

Objectives of the protection of geographical indications could be

summarised in the following:

Help Producers :

Geographical indications are understood by consumers to denote the

origin and the quality of products.
Many of them have acquired valuable reputations which, if not
adequately protected, may be misrepresented by dishonest
commercial operators.
False use of geographical indications by unauthorized parties is
detrimental to consumers and legitimate producers.
Legitimate producers are deprived of valuable business and the
established reputation of their products is damaged.

Help consumers :

Consumers are deceived into believing that they are buying a

genuine product with specific qualities and characteristics, when they
are in fact getting an imitation.
To encourage diverse agricultural production and rural sustainability .

 Confers legal protection and safeguards against

unauthorized use
Promotes economic prosperity
Assigns a collective form of monopoly right
Creates privilege for initiating legal action against
infringers
Reduces or eliminates unfair competition
Conserves the traditional knowledge
Tool to promote rural development
Tool to preserve local know-how and natural
resources

 Identification of stakeholders
Grass root level
Blue collar
White collar
Awareness building amongst stakeholders
Identification of the protectable TK(traditional

knowledge).
Determining the geographical spread
Identification of true owners

 Formation of consortium.
Study & documentation
Historical evidence
Production process
Establishment of uniqueness
Identification of geographical region
Drafting of application
Filing of application

 Scrutiny of the application by the GI examiner and raising of

objections, if any
Addressing the objections (if any) and the subsequent acceptance
of the application
Notification of the acceptance in the Gazette for third party
opposition
If no opposition is filed within the statutory period of 4 months, the
GI proceeds to registration.
However, if an opposition is filed by a third party, they have to be
settled to the satisfaction of the Registrar before the GI may be
registered.
Once the GI is registered, the term of protection is for a period of
10 years at the end of which, the term has to renewed for a further
period of 10 years by paying a government fee of Rs. 3000/-.

 Creation of institutional mechanism

Enforcement
Marketing of registered product
Domestic
International
Sensitisation of the supply chain
Sensitisation of the consumers
Providing Marketing information
Supporting Product diversification
Supporting brand building

Some important fees are given below:No.

Action
Official fee
1. On application for the registration of a
geographical indication for goods included in one
class Rs.5000/ 2. On a single application for the registration of a
geographical indication for goods in different
classes Rs.5000/- for each
3. On application for the registration of an
authorized user of a registered geographical
indication Rs.500/ 4. For renewal of an authorized user
Rs.1000/

 GIs

can be granted to an individual, a family, a

partnership, a corporation, a voluntary association etc
or any organization or authority established by or under
any law for the time being in force representing the
interest of the producers of the concerned goods.

GIs protect and reward traditions while allowing for

products to evolve over time

GIs can be protected over long periods as long as the

collective tradition is maintained

Indian Act protects GIs for an initial period of 10

years, which can be renewed after the expiry of the

initial period of protection for another 10 years
GIs would cease to be on the register if not renewed

six months after the expiration of the last registration

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Trademark

GI

A trademark is a sign used by

an enterprise to distinguish its
goods and services from those
of other enterprises.

Geographical indication tells

consumers that a product is
produced in a certain place
and has certain characteristics
that are due to that place of
production.

It gives its owner the right to

exclude others from using the
trademark.

It may be used by all

producers who make their
products in the place
designated by a geographical
indication and whose products
share specified qualities.

A trademark will often consist Unlike a trademark, the name

of a fanciful or arbitrary name used as a geographical
or device.
indication will usually be

 Banarasi silks
Paschmina shawls
Kashmir carpets
Basmati rice
Darjeeling tea
Assam tea
Bengal Cotton
Alphonso Mangoes
Pochampalli silk
Chanderi silk
Hyderabad pearls
Kerala Nendran bananas
Jaipur silver jewellery

Nilgiri tea
Coorg coffee
Mysore sandal products
Mysore silk
Malabar pepper
Kancheepuram silks
Lonawala chikis (food stuff)
Nilgiri tea
Coir products from Kerala
Cardamom from Kerala
Aranmula mirrors
Nagpur oranges
Phulkari embroidery work

26

 Indian parliament passed GI Act in 1999 &

implemented in 2003
The Geographical Indications (Registration and
Protection) Rules, 2002
2 parts, 116 rules, 3 schedules, 10 forms
GI application received: 152 (as on the 31 st
January 2009)
GI Registered: 110 (as on the 31st January 2009)

Pochampally Ikat

Mysore Silk Saree

Solapur Jacquard Bed Sheets

Kancheevaram Silk Saree

Channapattana Toys

Aranmula Kannadi (Metal Mirror)

Rosewood Inlay of Mysore

Mysore Sandal Soap

Coorg Orange

Darjeeling Tea

Nanjangud Banana

Kangra
Tea

 Written prior consent of all producers

Preempt possible objections and possess their

counter
No genuine stakeholder should be left

 Media Attention
Creates motivation among stakeholders
Develops sectoral net works among stakeholders,

traders and Govt agencies.

Market expansion
Increase in production
Protection of unique quality.

 Who can apply for the registration of a geographical indication?

- Any association of persons, producers, organisation or authority

established by or
under the law can apply:
- The applicant must represent the interest of the producers
- The application should be in writing in the prescribed form
- The application should be addressed to the Registrar of Geographical
Indications along
with prescribed fee

How long the registration of Geographical Indication is valid?

- The registration of a geographical indication is valid for a period of 10

years.

Can a Geographical Indication be renewed?

- It can be renew from time to time for further period of 10 years each.

Office location ?

- Intellectual Property Office Building, G.S.T Road, Guindy, Chennai 600

032.

GI Online Site?

-http://www.ipindia.nic.in/girindia/