Procedure for Registration, Duration of Protection, and Renewal of GI
Introduction
A geographical indicator (GI) is a mark applied to items or goods that have distinctive traits, attributes, or a reputation that can be traced back to their place of origin. There is a strong association between the product and its geographical region of origin because the nature of the underlying product is dependent on the site of production.
The general criteria of protection for geographical indications may be traced back to the 1883 Paris Convention for the Protection of Industrial Property, which covers patents, trademarks, industrial designs, utility models, trade names, and service marks, as well as geographical indications. The Madrid Agreement for the Repression of False or Deceptive Indications of Source of Goods 1891 followed.
Until now, India has registered over 361 geographical indications. The first geographical indication (GI) was for Darjeeling Tea in West Bengal, which was established in 2004. Handicrafts are the most common category of commodities that have been designated as Geographical Indications, followed by agricultural products.
Filing for GI
Section 11 (1) states that An application for registration of a geographical indication can be made by an association of persons or producers or any organizations or authorities established by or under any law currently in force, who must be representing the interests of the producers of the concerned goods and desiring to register a geographical indication in relation to such goods.
An authorized user is a registered person pursuant to Section 17 of the Act of 1999 on Registration and Protection for Geographical Indications (GIs). A manufacturer of goods registered in relation to geographical indication may register itself as an authorized user.
Registration steps as a licensed user are-
- Disposition of a request
- Preliminary examination and scrutiny
- Issuing a show cause notice
- Advertisement
- Registration Opposition
- Registration
Steps to register the GI
- Filing the application
The application shall be made in triplicate for registration of the Geographical Indication.
- The application must then be signed with the statement of case of the applicant or his agent and sent together with the necessary GI-1 form.
- For each of these classes of commodities, a single application may be lodged in respect of different classes and fees payable.
- An affidavit must be provided by an association of people, producers, and organizations or bodies representing producer interest in certain items as well as how the applicant predominantly affects his interest is necessary to accompany forms.
- Preliminary examination and scrutiny
Section 11(5) and (7) deals with the process of examination and scrutiny. The following is the process of examination.
- Any deficits and discrepancies will be examined by the examiner.
- The applicant is obliged to remedy the same with one month of its communications for any defects or discrepancies.
- The Registrar shall, in collaboration with a group of experts consisting of not more than 7 members, be assessing the correctness and validity of the substance of the declaration filed by the applicant.
- The examination report will only be issued after thorough review and consideration.
- Issuing a show cause notice
Section 12 which deals with show-cause notice is produced below:
- The registrar shall notify the applicant of any objection with respect to the application.
- Within two months of getting a notification, or he may request a hearing, the applicant must react.
- After providing the applicant reasonable chance to be heard, the Registrar is entrusted with the power of withdrawing the application if he believes that the applicant has errored and has been transmitted the same to the applicant.
- If the complaint is submitted, the registrar’s decisions may be appealed within one month.
- Advertisement
Section 13 states that any application for the registration, which was accepted fully or subject to terms or limitations, shall be published in the Geographical Indications Journal in the space of three months from its acceptance.
- Opposition to the registration
Everyone can submit the application for the Geographic Indication published in the journal triplicate in conjunction with the GI-2 form, within three months (during another month on request which must be filed within three months). Section 14 can be referred to for a detailed procedure of filing opposition.
- Registration (section 16)
- The registrar must register the geographical indication for it upon acceptance of the application.
- Where the application has been registered, the date of filing is considered the registration date.
- In accordance with Rule 55 of the Rules of Procedure for the Geographical Indications of Goods, 2002, the registrar must then provide the applicant a certificate with the seal of the Register of the geographical indication in Form 02.
- Duration of the GI and renewal (section 18)
- A geographic indication registered shall be valid for ten years and may be renewed upon payment of the renewal cost.
- The registrar shall forward this notice to the registered proprietor or, as the case may be, to the authorized user on the date of expiry, the requirements for the payment of fees and upon renewal, at the time the final registration of the geographical indication expires.
- If this is not done, the geographical indication may be removed.
- In cases where the Registrar removes an indication on grounds that the renewal fees have not been paid, the geographical indication may be restored, for a period of 10 years following expiry of the last geographical index, on the request and after payment of the prescribed fees, for a period of six months and within one year of the expiry of the latest registration.
Conclusion
The demand for protection is expanding in the context of intellectual property rights. In appreciating the value of these rights, India has been prominent and has successfully signed and ratified the TRIPS agreement. Since the Darjeeling Tea became the first GI in India, the execution of the GIs in India has been increasing. In order to protect the culture and human rights, the Indian government has worked to streamline the registration process. It includes the filing of a thorough request, its review, its acceptance, where there are no objections, advertising of the applications in the GI Journal, an entry in the GI Register and finally issuing the 10-year GI certificate.
Contributed by:– Nidhi Jha, Legal intern at LLL
Certification trademark, copyright, geographical indicator, GI, TRIPS agreement
