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Geographical Indication Registration

Geographical indications (GIs) are a class of intellectual property rights that shield products with a particular geographical provenance and distinctive features, reputations, or attributes that can be traced back to that origin. Producers of these items are able to differentiate their products from identical products of other origins and raise their market worth by using the registered Gl tag on their products thanks to GI registration.
 
In order to defend the rights of manufacturers of distinctive, superior products connected to a certain geographic area, Mybrandname provides Geographical Indication registration services. We will go over the rules governing Gl registration in India, the requirements for eligibility and necessary preparations, the documents needed for Gl registration, the process for getting Gl registration, and the advantages of Gl registration on this service page

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The benefit of GI registration

If you are a producer or manufacturer of a product with a distinctive geographical identity, registering your Geographical Indication can shield your product’s distinctive qualities from infringement and stop other parties from using your brand and reputation without authorization. The following are a few advantages of registering a geographic indication:

  • Safeguarding Individuality: The distinct identity, standing, and caliber of your product that are connected to its place of origin are legally protected when a Geographical Indication is registered.
  • Preventing Unauthorized Use: Registering your Geographical Indication stops third parties from using your product’s name, reputation, or identity without permission.
  • Marketing Advantage: By making the product more marketable, boosting consumer confidence, and fetching a higher price, a registered Geographical Indication gives the producer or manufacturer a marketing advantage.
  • Boost to Rural Economy: By fostering employment opportunities, preserving customs, and building a sustainable value chain, Geographical Indication registration helps the rural economy grow.
  • Worldwide Recognition: By registering your goods with a geographic indication, you can raise exports and foreign exchange profits by making your product and its place of origin more widely known.

Documents require for GI registration

The documentation required for Geographical Indication (GI) registration in India typically includes:

  1. Application Form: Official document provided by GI Registry, requiring applicant’s details like name, address, and particulars of goods seeking protection, ensuring completeness and accuracy in submission for registration process initiation.

  2. Statement of Case: Comprehensive document outlining grounds for GI application, elucidating unique characteristics, reputation, or qualities attributed to product’s geographical origin, crucial for demonstrating eligibility and distinctiveness.

  3. Product Details: Detailed description encompassing distinctive features, production techniques, and inherent characteristics linking product to specific geographical location, essential for establishing authenticity and uniqueness in GI application.

  4. Evidence of Origin: Documentation substantiating geographical association of product, including historical records, maps, photographs, and other relevant evidence, crucial for establishing verifiable connection between product and its place of origin.

  5. Authorization Letter: Document granting authority to agent for filing GI application on behalf of applicant, ensuring legal representation and adherence to procedural requirements, if applicant opts for representation by authorized agent.

  6. Power of Attorney: Legal document conferring authority to legal representative for acting on applicant’s behalf during GI registration process, essential for ensuring proper representation and compliance with procedural formalities, if required by GI Registry.

  7. Certified Priority Document: Copy of priority document, if application claims priority based on previous filings, certified to establish precedence and support priority claim for expedited processing of GI application.

  8. Fee Payment Receipt: Proof of payment for prescribed application fee, validating completion of payment process and ensuring inclusion of application in GI registration queue, essential for processing and consideration by GI Registry.

  9. Trademark or Logo: Representation of specific trademark or logo associated with product seeking GI protection, providing visual identification and branding element, if applicable and required by GI Registry for inclusion in application.

  10. Additional Supporting Documents: Supplementary evidence or documentation as per specific requirements of GI Registry, providing further substantiation or clarification on aspects relevant to GI application, ensuring comprehensive and thorough submission for registration consideration.

How to check application status for the Geographical Indication Registry

To check the application status for the Geographical Indication (GI) Registry in India, follow these steps:

  • Visit the Official Website: Start by visiting the official website of the Geographical Indication Registry of India. You can easily find it by searching for “Geographical Indication Registry India” on any search engine.
  • Navigate to the Application Status Section: Once you’re on the website, look for a section or tab labeled “Application Status” or something similar. This section typically provides options for tracking the status of GI applications.
  • Enter Application Details: In the application status section, you will likely find a form or a search bar where you can enter specific details related to your GI application. This may include the application number, applicant name, or any other relevant information as required.
    Submit the Information: After entering the required details accurately, submit the information by clicking on the appropriate button or option provided on the website.
  • View Application Status: Once you’ve submitted the required information, the website will display the status of your GI application. This status could indicate whether your application is pending, under review, approved, or any other relevant status update.
  • Follow Up if Necessary: Depending on the status displayed, you may need to take further action. If your application is pending or under review, you might need to wait for further updates from the Geographical Indication Registry. If there are any discrepancies or issues, you may need to follow up with the relevant authorities for clarification or resolution.

Importance of GI Registration in India

Geographical Indication (GI) registration holds significant importance in India for various reasons. Firstly, it provides legal protection to products with unique qualities and reputations associated with specific geographical regions, safeguarding them from unauthorized use or imitation. Secondly, GI registration enhances the commercial value of products by signaling their authenticity, origin, and quality to consumers, thereby boosting market demand and prices. Additionally, it promotes rural development by supporting local economies, generating employment opportunities, and preserving traditional knowledge and cultural heritage. Furthermore, GI registration fosters environmental conservation efforts by promoting sustainable production practices. Overall, GI registration plays a crucial role in preserving cultural identity, promoting economic growth, and ensuring the sustainability of traditional industries in India.

Eligibility criteria for GI registration

To register a geographical indication in India, certain eligibility criteria must be fulfilled:

  1. The product must originate from a specific geographical area.
  2. Its qualities, reputation, or characteristics must primarily stem from its geographical origin.
  3. It should not belong to prohibited categories like generic names or indications contrary to public order.
  4. The applicant must be an association, producers’ group, or organization representing their interests.
  5. The applicant must be directly involved in the product’s production, marketing, or sale.

Step by step process for Registration of Geographical Indication

Step 1: Filing of the Application

  • The application for Geographical Indication (GI) registration must be made in triplicate and signed by the applicant or agent, accompanied by form GI-1.
  • An affidavit must be submitted by the association or organization representing producers, stating their interest and how they represent it.
  • The application should state how the GI designates goods’ origin, class of goods, include a geographical map, and describe the appearance of the GI.
  • Forms for GI registration are available on the Geographical Indications Registry website.

Step 2 and 3: Preliminary Scrutiny and Examination

  • Examiner scrutinizes the application for deficiencies, which must be rectified within a month.
  • Registrar, with a group of experts, verifies the application’s content for authenticity before issuing an examination report.

Step 4: Issue of Show Cause Notice

  • Registrar communicates objections to the applicant, who must respond within two months or request a hearing.
  • Registrar can withdraw the application if errors persist, after giving the applicant a fair hearing.

Step 5: Advertisement

  • Accepted GI applications are published in the Geographical Indications Journal within three months of acceptance.

Step 6: Opposition to Registration

  • Opposition to GI applications can be filed within three months, extendable by another month, along with form GI-2.
  • Applicant must respond within two months of receiving opposition notice, failing which, the application is deemed abandoned.
  • Registrar considers evidence from both parties and decides on application acceptance.

Step 7: Corrections and Amendments

  • Registrar may permit corrections or amendments to GI applications, subject to conditions.

Step 8: Registration

  • Accepted GI applications are registered, with the filing date considered the registration date.
  • Registrar issues a certificate (Form-02) with the Geographical Indication Registry seal.

Step 9: Duration, Renewal, and Restoration

  • Registered GIs are valid for 10 years, renewable upon payment of renewal fees.
  • Failure to renew may result in removal, but restoration is possible within one year of expiration.

Step 10: Appeal to the Appellate Boards

  • Aggrieved parties can appeal Registrar decisions to the Intellectual Property Appellate Board within three months.

Rule and regulation of GI registration

The rules and regulations governing Geographical Indication (GI) registration in India are outlined in the Geographical Indications of Goods (Registration and Protection) Act, 1999, along with the Geographical Indications of Goods (Registration and Protection) Rules, 2002. Here’s a breakdown:

  1. Eligibility Criteria: Products seeking GI registration must meet specific criteria related to their geographical origin, unique qualities, and the association with their place of origin.

  2. Filing of Application: Applications for GI registration must be submitted in triplicate and accompanied by the prescribed form. An affidavit stating the representation of producers’ interests is required.

  3. Contents of Application: The application should include details on how the GI designates the origin of goods, the class of goods, a geographical map, and particulars of the applicant.

  4. Preliminary Scrutiny and Examination: The application undergoes scrutiny by an examiner for deficiencies. The Registrar, with a group of experts, verifies the authenticity of the application’s content.

  5. Show Cause Notice: If objections arise, the Registrar issues a notice to the applicant, who must respond within a specified period or request a hearing.

  6. Advertisement: Accepted applications are published in the Geographical Indications Journal within a stipulated time.

  7. Opposition to Registration: Any person can oppose a GI application within a prescribed period, providing grounds for opposition. Both parties submit evidence, and the Registrar decides on acceptance.

  8. Corrections and Amendments: The Registrar may permit corrections or amendments to GI applications, subject to conditions.

  9. Registration: Accepted applications are registered, and a certificate is issued to the applicant.

  10. Duration, Renewal, and Restoration: Registered GIs are valid for 10 years and can be renewed upon payment of renewal fees. Restoration is possible within a specified period after expiration.

  11. Appeal: Aggrieved parties can appeal Registrar decisions to the Intellectual Property Appellate Board within a prescribed period.

Who can apply for the registration of a geographical indication?

Entities such as associations, producer groups, organizations, or authorities established by law are eligible to apply for the registration of a Geographical Indication (GI) in India. The applicant must represent the interests of the producers associated with the geographical indication. The application, submitted in writing in the prescribed format, should be addressed to the Registrar of Geographical Indications along with the required fee. This process ensures that the unique qualities and characteristics of products originating from specific geographical regions are legally protected and recognized, contributing to the preservation of cultural heritage and economic development.

Reasons to Register Geographical Indication

Registering a Geographical Indication (GI) in India holds numerous advantages. It offers legal protection against misuse, preserves cultural heritage, and boosts economic growth by enhancing market value and access. GI status supports rural development, assures product quality, and promotes sustainable practices. Additionally, it fosters tourism, strengthens intellectual property rights, and bestows recognition and prestige on the product, affirming its unique identity and significance both locally and globally.

Validity of GI registration

The validity of Geographical Indication (GI) registration in India is initially for a period of 10 years from the date of registration. After the initial 10-year period, the registration can be renewed for subsequent periods of 10 years each upon payment of the prescribed renewal fee. Thus, a registered GI can be valid for multiple 10-year renewal periods, provided that the renewal fees are paid within the specified timeframe. Failure to renew the registration within the stipulated period may result in the removal of the GI from the registry.

Opposition of GI registration

In India, opposition to Geographical Indication (GI) registration can be lodged by any person within a specified period after the application is published in the Geographical Indications Journal. The opposition period is typically three months, extendable by another month upon request. The opposing party submits a notice of opposition along with valid grounds for opposition. The applicant is then given an opportunity to respond within a specified timeframe, presenting counterarguments or evidence supporting their application. Both parties may submit evidence and arguments, and the Registrar considers these before making a decision on the registration.

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Frequently asked questions

What is a work?

Work means any of the following, namely, a literary, dramatic, musical, artistic work, cinematograph film, or a sound recording etc.

What is an artistic work?

Artistic work means-

  • a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a

photograph, whether or not any such work possesses artistic quality;

  • a work of architecture; and
  • any other work of artistic craftsmanship.
What is meant by work of joint authorship?

“Work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author(s).

 

What is a musical work?

“Musical work” means a work consisting of music and includes any graphical notation of such work but doesn’t include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy Copyright protection.

What is a sound recording?

“Sound recording” means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.

What is a cinematograph film?

“Cinematograph film” means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and “cinematograph” shall be construed as including any work produced by any process analogous to cinematography including video films.

What is a Government work?

“Government work” means a work which is made or published by or under the direction or  control of –

  • the government or any department of the government;
  • any legislature in India, and
  • any court, tribunal or other judicial authority in India.
What is an Indian work?

“Indian work” means a literary, dramatic or musical work,

  • the author of which is a citizen of India; or
  • which is first published in India; or
  • the author of which, in the case of an unpublished work is, at the time of the making of the

work is a citizen of India.

Ordinarily the author is the first owner of Copyright in a work.

Is it necessary to obtain any licence or permission to use a musical sound recording for public performance?

It is necessary to obtain the licences from each and every owner in the sound recording. This would, inter alia, include the producer of the sound recording, the lyricist who wrote the lyrics, and the musician who composed the music.

In 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.

Who is the owner of a work produced during the course of the author’s employment?

In case if work is made in the course of the author’s employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the Copyright therein.

In the 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.

Where the assignee doesn’t exercise the rights assigned to him within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.

What will be the period of assignment if not specifically stated in the assignments?

If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.

What will be the territorial extent of the assignment if not specified in the assignment?

If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within the whole of India.

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