ppt project geographical indication

Intellectual Property Right

By:Amit Pal

Geographical Indication

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Content

* Background

*Overview of Geographical Indication in India

*Economics of Geographical Indication

*Registrations of Geographical Indication in India

* Business Model Study on Geographical Indication

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IntroductionWhat is common between

Mathura Peda , Agra Petha & Tirupati LaddusDarjeeling Tea & Kangra TeaBanarasi Saree & Lucknow Chikan Craft & Zarodari

These product are Geographical Indication from India

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What is Geographical Indication ?A geographical indication (GI) is a name or sign used on

certain products which corresponds to a specific geographical

location or origin (e.g. a town, region, or country).

The use of a GI may act as a certification that the product

possesses certain qualities, is made according to traditional

methods, or enjoys a certain reputation, due to its

geographical origin

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What can be Geographical Indication? Agricultural Product

Food Stuff

Wine & Spirit Drink

Handicraft

Clothing

Industrial Product

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Features: Geographical Indication Link a product to a particular region. It is an indication.

Indicate qualities, attributes, reputation associated with geographic origin.

Suggest connection to region’s inherent characteristics (e.g., soil, climate,

territory). It originates from a definite geographical territory.

May also imply production skills/processes associated with region.

It is used to identify agricultural, natural or manufactured goods. The

manufactured goods should be produced or processed or prepared in that

territory.

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Benefits of Geographical Indication It confers legal protection to Geographical Indications for the

specific country.

Prevents unauthorized use of a Registered Geographical Indication by others

It provides legal protection to Indian Geographical Indications which in turn boost exports.

It promotes economic prosperity of producers of goods produced in a geographical territory.

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Duration & Level of ProtectionA registered geographical indication is protected: for ten years from the date of filing and is renewable for every ten years as long as it is still in use.

GI, irrespective of product categories, it mandates a two-level system of protection: (i) the basic protection applicable to all GI in general (under Article 22), and (ii) additional protection applicable only to the GI denominating wines and spirits (under Article 23). There are three main ways to protect a geographical indication:• so-called sui generis systems (i.e. special regimes of protection); That which is the only one

of its kind -Unique. Sui generis is a Latin term meaning “a special kind”. In intellectual property rights discourse (IPRs) the term refers to a special form of protection regime outside the known framework

• using collective or certification marks; and• methods focusing on business practices, including administrative product approval scheme

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Content

* Background





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Overview :GI in IndiaGeographical Indications of Goods (Registration and

Protection) Act, 1999.

To provide for the registration and better protection of geographical indications relating to goods in India

The Act would be administered by the Controller General of Patents, Designs and Trade Marks- who is the Registrar of Geographical Indications.

As a member of WTO this act came into force in15 Sep, 2003

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Status Geographical Indication in India

Total 240 GIs have been registered with the GI Registry of India since 2004

143; 60%65; 27%

10; 4%

8; 3%

7; 3%3; 1%2; 1%

Type of GI Registered

HandicraftAgriculturalManufacturedFood StuffTextileHandmade CarpetsNatural

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2317

15

12

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1010 9

State Wise -GI

KarnatakaUttar PradeshTamil NaduKeralaNorth EastOdishaAndhra PradeshRajasthanTelanganaWest BengalMaharashtraGujarat

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Some Well Known GITejpur Litchi Gir Kesar Mango Kangra Tea

Malabar Pepper Nagpur Orange Nashik Grape

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Some Well Known GIBikaneri Bhujia Allahabad Surkha Darjeeling Tea

Mahilabadi Dussheri Tirupati Laddu Muga Silk

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Some Well Known GIMadhubani Paintings Surat Zari Craft Kashmir Pashmina

Chanderi Fabric Banarasi Saree Sangreri Handblock

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Some Well Known GI

Firozabad Glass Khurja Pottery Lucknow Chicken

Lucknow Zarodari Mirzapur Dari Moradabad Metal Craft

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Some Well Known GISaharanpur Wood Craft Bhadohi Carpet Goa Fenni

Mysore Sandal Soap Mysore Sandal Oil Kannauj Perfume

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Some Well Known GI

Odhisa Pattachitra Meerut Scissors Makrana Marble

Mysore PAK Agra Petha Mathura Peda

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Content

* Background





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Nature of Geographical Indication

Like all IPR ,a GI is an intangible asset ,an

identifiable ,nonmonetary resource which create a legal claim to

future benefits through special rights & privilege to it

GIs may not be sold, transferred, licensed, rented or exchanged,

since they are either collectively owned (certification marks) or

controlled by the State

The useful life of this asset is indefinite.

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Nature of Geographical Indication

GI benefits are excludable and non-rival or partially rival -GIs is

the fact that benefits are shared, and non-rival, or, at most,

partially rival

Once protected, the production of GI-labeled products is always

geographically confined to the region, locality or territory that

provided the good with its special attributes

This geographical confinement implies capacity limitations in

supply, often resulting in price premium

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Why for Partial Rivalry & Imperfect Excludability exist ?

A brand associated to a particular GI might benefit from a higher

consumer recognition or reputation, and exert a higher price

premium, thus adding an element of competition to other GI

producers.

Free-riding by “insiders” (i.e. right-holders), through cuts in quality,

may also entail dilution of the GI and partial rivalry of benefits.

A GI is protected from its unlawful utilization by non-right holders;

free-riding from “outsiders” might be even more damaging to the

goodwill of GI legitimate producers.

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Issues of Geographical Indication

Localised Club Asset”

The properties of geographical confinement of production, excludability of benefits and non-rivalry of benefits allow the GI to be characterized as “a localized club asset”, with a club membership consisting of the firms producing the GI good.

The “club” aspect of the GI derives from the collective nature of the IPR. Cost-sharing, value-added-sharing and profit-sharing agreements are present all along the production, marketing and distribution chains of a GI product. Collective action among GI right-holders is required to coordinate activities, as well as to avoid free-riding on the reputation of the GI

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Huge information gaps (information asymmetry) exists in the markets today that lead to typical market information problems in the form of adverse selection and moral hazard. Information asymmetry impacts negatively on the market: the quality of total supply drops, higher-quality products are driven out of the market.

GI protection has the potential to eliminate information

asymmetry and benefit both the producers and the consumers. Once the goods are registered as GI, they will be protected under the GI Law and any violation on this account would be tantamount to a legal offence. If the Act is implemented effectively, it will act as a deterrent to unethical producers selling their low quality and cheap products free riding on the reputation enjoyed by GI goods.

Issues of Geographical Indication

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Content

* Background





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Indian GI registry system

• The Geographical Indications Registry (GIR) is situated at Chennai.

• Its main function is registration of Geographical Indications under the Act

• Whether a particular product is registerable or not is determined by the Registrar of Geographical Indications, on receipt of the application

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Legal Battle over Geographical Indication

West Bengal vs Odhisa over “Rossgullas “

India & Pakistan fight over “Basmati Rice “

Scotch Whisky Association (SWA WINS LEGAL

BATTLES FOR SCOTCH IN INDIA 25th February, 2016

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Content

* Background





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Case Study –Darjeeling TeaBackground

Darjeeling boast produce most coveted tea in the world Position of Darjeeling is same as in wine Champagne holds Hilly reason offers a unique & complex combination of Agro –

climatic condition for Tea plantation First tea garden planted in 1852 by British Planted area is about 17,400 hectare in 87 Tea garden & produced

by 10 Million Kg /year Industry is controlled by Private sector The Darjeeling Planter association closely worked with Tea board of

india ,a government organization (Administer all stage of tea cultivation

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Case Study –Darjeeling TeaBackground

Accounted for about to 1% of India tea production

Quality ,Reputation & characteristics have made this region a

hallmark .

Tea quality is essentially attribute to its geographical origin

Trader as well as individual buyer expect that tea must be

produce in definite region of Darjeeling Region

So we see the importance of GI in product category

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Case Study –Darjeeling Tea Goods with Specific Geographic Origin

Perfect soil & environmental condition for tea cultivation

Height vary from 200 M to 2000 M above sea level with slope of 60 to 70

degree

High rainfall in the area with high humidity with wind speed

Higher carbon content in soil

Unique weather condition

Variety of tea bush “Camelllia Sinensis “

Cultivated for generation so people got traditional knowledge with

skilled manpower

Know –How passed through generation especially tea picking job

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Case Study –Darjeeling TeaIP Management

Authentication done by The Tea board of India That is to ensure special characteristic associated with the tea &

High reputation Prevent misuse of the word "Darjeeling" for other types of tea sold

worldwide Deliver the authentic product to the consumer Enable the commercial benefit of the equity of the brand to reach

the Indian industry and hence the plantation worker; and Achieve international status similar to Champagne or Scotch Whisky

both in terms of brand equity and governance/administration. At the legal level, the Tea Board is the owner of all intellectual

property rights associated with Darjeeling tea.

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Case Study –Darjeeling TeaCertification Trademark

Logo as well as word “Darjeeling “ are registered trademark Logo was registered in major consumption area

(Canada ,Egypt ,EU ,Japan ,UK ,USA ) as Trademark /Certification /Collective Mark

Geographical Indication

Logo as well as word “Darjeeling “ are registered under Geographical Indications of good act of 1999

Copyright: Under Indian copyright act of 1957 ,logo is copyright

protected and registered as an artistic work

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Case Study –Darjeeling Tea Licensing Tea industry is almost completely in the private sector

But government controlled under Tea Act of 1953 Tea board comes under the Ministry of Commerce &

Industry Compulsory system for authenticity of Darjeeling Tea All dealers to enter incense agreement with Tea

Board & Pay annual license fee & furnish all information of production and sale

No blending is permitted with other origin tea Certificate of origin is issued for export consignment Tea board also seek support from overseas buyer to insists for certificate of Origin

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Case Study –Darjeeling Tea IP Enforcement /Infringement

Tea board hired Compumark a global trademark research & brand

protection provider

Compumark is require & Monitor and report all cases of unauthorized

use & attempted registration

Company successfully concluded 5 instances

Bulgari Switzerland agreed to withdraw “Darjeeling Tea fragrance for

men “ pursuant of legal notice & negotiations

In france also Comptoir des Parfums withdrew its application

Some times company lost due to company specific legislation

Board has spent $0.2M on legal & registration expenses , monitoring of

infringement

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Case Study –Darjeeling Tea IP Enforcement /Infringement

Despite the GI registration and the efforts of the Tea Board, most

consumers are unfamiliar with what a GI is and are unaware of

the official Darjeeling tea logo.

The widespread international popularity of Darjeeling tea has

caused most consumers to be convinced of a certain product only

by the name Darjeeling, a well known retail shop or a familiar

Customer does not really verify the official GI logo when buying

loose or packaged Darjeeling tea

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Case Study –Darjeeling Tea Business Result

Over 70 percent of the annual production of Darjeeling tea is exported to, inter alia, Germany, Japan, the United Kingdom, the United States of America and other EU countries.

The Certificates of Origin issued by the Tea Board ensure the supply of genuine Darjeeling tea. Due to its high quality and flavor, it has gained recognition of discerning consumers worldwide

Darjeeling Planters Association to protect the geographical indication of Darjeeling tea have ensured that the quality and special characteristics of this tea are not lost and that consumers receive the authentic product

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Case Study –Darjeeling Tea Business Result

The cooperative scheme from the Board and the Association has made Darjeeling tea a vintage product, aspired worldwide. Likewise, although it is produced in a limited quantity, this vintage tea generates returns several times higher than ordinary tea

The Darjeeling tea industry at present employs over 52,000 people on a permanent basis, and a further 15,000 persons are engaged during the plucking season

A unique feature of this work force is that more than seventy percent are women.

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Case Study –Darjeeling Tea Model of Private & Public partnership

While the planters in Darjeeling have been producing high quality tea for over 150 years now

It is the Tea Board that has sole control over the growing, quality control and exporting of Darjeeling tea. Both the Tea Board and the Darjeeling Planters Association have been involved at various levels in protecting and defending the “Darjeeling” name and logo. It is this collaboration between the Board

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Case Study –Darjeeling Tea Model of Private & Public partnership

http://timesofindia.indiatimes.com/business/india-business/Darjeelings-Makaibari-becomes-most-expensive-tea-in-India/articleshow/41861909.cms



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