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Monday, June 4, 2012

Ip protection for geographical indications in india


Geographical Indications of Goods are defined as that feature of industrial belongings which refers to the geographical indication referring to a state or to a place located therein as being the country or place of source of that product. Characteristically, such a name conveys an assurance of quality and distinctiveness which is fundamentally attributable to the fact of its derivation in that defined geographical locality, region or country. Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as a constituent of IPRs. They are also enclosed under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS)Agreement, which was part of the Agreements of the Uruguay Round of GATT negotiations.

India, as an associate of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 has approach into force with consequence from 15th September 2003.

Geographical Indications: Practical Outline

Any connection of person, producers, organization or authority established by or under the law can apply for a geographical indication provided the applicant must stand for the interests of the producers.

A request for registration of a Geographical Indication is to be made in writing. Along with fees and should be addressed to the "Registrar of Geographical Indications", the application should include the various necessities and criteria for dispensation a geographical application as specified herein below:

The Class of goods; The Territory; The particulars of appearance; Particulars of producers; An affidavit of how the applicant claims to represent the interest in the geographical indication; The standard bench mark or other characteristics of the geographical indication; The details of special characteristics; Textual description of the proposed boundary; The growth attributes in relation to the G.I. pertinent to the application; Certified copies of the map of the territory; Special human skill involved, if any; Number of producers and Particulars of inspection structures, if any, to regulate the use of geographical indication.

On delivery of the application, a number will be selected. Thereafter, the application would be examined to make sure whether it meets the requirements of the Act and Rules. For this purpose the Registrar shall normally constitute a Consultative Group of experts to ascertain the exactness of the particulars furnished. After issuance of the Examination Report, submissions of the applicant would be measured. If no further opposition is raised, the application would be accepted and would be advertised in the Geographical Indications Journal. A resistance can be lodged within a maximum of four month from the date of publication. If the opposition is dismissed, the application will carry on to registration in Part A of the Register unless the Central Government otherwise directs.

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