GEOGRAPHICAL INDICATIONS

Mrs.Annamma Samuel

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SCOPE OF PRESENTATION

• GIS :INTRODUCTION

• RATIONALE OF PROTECTION

• CASE STUDY:DARJEELING TEA

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GEOGRAPHICAL INDICATIONS (GI)

• An indication which identifies goods as agricultural goods, natural goods or manufactured goods

• Originating or manufactured in the territory of a country or a region or locality

• Where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin

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INDICATION

• Indication referring to a country or to a place situated therein as being the country or place of origin of a product.

• Refers to the geographical origin of the product

• No special characteristic implied

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APPELLATION OF ORIGIN

• Used on products that have a specific quality that is exclusively or essentially due to the geographical environment in which the products are produced.

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FEATURES OF GI

• Collective community rights-protects groups of producers

• Exclusive (no individual right)• No right to assign- increases scope of protection• Right in perpetuity- remains with the community• Knowledge underlying GI remains in the public

domain• Protects goods that are already famous-

reputation must pre exist• Functions like a trademark

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AGRICULTURAL GOODS

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HANDICRAFT GOODS

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MANUFACTURED GOODS

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NATURAL GOODS

LIGNITE- NEYVELLIGOLD -KOLAR,

JOHANNESBURG, S. AFRICA

PETROLEUM - ARABIAN

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FOOD STUFFS

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PROTECTION OF GI INTERNATIONALLY

Paris Convention (1883):False indication

Madrid Agreement (1891) :False and deceptive indication

Lisbon Agreement (1958):Define appellation of origin

TRIPS Agreement (1994) :First International treaty bound to protect GIs and to enforce its application

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WHO CAN APPLY FOR THE REGISTRATION OF A GEOGRAPHICAL INDICATION

• Any association of persons, producers, organisation or authority established by or under the law.

• Registered proprietor• Authorised user• Producer

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Contents of the Application

• Every application for the registration must contain-

• A statement as to how the GIs serves to designate goods as originating from the concerned territory of the country/region/locality in the country

• The class of goods to which the GI shall apply • The Geographical map of the country, region

or locality in the country in which the goods originate or are being manufactured.

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Contents of the Application

• The particulars regarding the appearance of the GIs as to whether it comprises of the

• words or figurative elements or both.• Shall be in prescribed format• Mechanism to ensure quality, standards,

uniqueness• Special human skills• Name and address of the associations• Inspection structure for maintaining quality• Protection measures for eliminating infringement

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TEN STEP GUIDE FOR REGISTRATION

1. FILING OF APPLICATION2. PRELIMINARY SCRUTINY3. CONSTITUTION OF CONSULTATIVE

GROUP OF EXPERTS4. EXAMINAT ION5. SHOW CAUSE NOTICE6. PUBLICATON IN GI JOURNAL7. OPPOSITION8. REGISTRATION9. APPEAL10. RENEWAL04/08/23

INFRINGEMENT OF GI

• Khoday Distilleries Limited v. Scotch Whisky Association & Ors

2008 (36) PTC 315 (Mad.) • PETER SCOT

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DARJEELING TEADarjeeling Logo designed in 1983

• Registration in 1986

• Logo & word regd. under TMA

• Regd. under GI registry

• Also sought protection in UK, US, Japan,Ireland & other countries

• Hired Compumark- International watchagency to monitor infringement.

• Spent USD 200,000 in 98-02 for same

• Protected status in 25 nations

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