Geographical Indications registration gives to the registered proprietor and its authorized users, the legal right to the exclusive use of the GI and also the right to obtain relief in case of its infringement. Exclusion of unauthorized persons from misusing GI would ensure that genuine products of the rightful producers are marketed.
In India the current legislation governing the registration of Geographical Indication is the Geographical Indication of Goods [Registration & Protection] Act, 1999. The Act, administered by the Controller General of Patents, Designs and Trade Marks seeks to provide for registration and protection of Geographical indications relating to goods in India.
A Geographical Indications Registry with all India jurisdictions operates in Chennai, as per the Geographical Indication of Goods (Registration and Protection) Act 1999. Under the Act, agricultural, natural or manufactured goods originating or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in cases where such goods are manufactured goods, one of the activities of either production or of processing or preparation of the goods concerned takes place in such territory, region or locality, are registrable as Geographical Indications. Whether a particular product is registrable or not is determined by the Registrar of Geographical Indications, on receipt of the application.
According to the provisions of TRIPS Agreement, “Geographical Indications are indications that identify a product as originating from the territory of a state that is a party to the Agreement, or from a region, or from a place located in the territory , if a specific quality, reputation or other characteristics of the product, is essentially attributable to its geographical origin.
The Register of Geographical Indications is divided into two parts namely PART A and part B. PART A comprises of details /particulars relating to the Registered Geographical indications and PART B contains particulars of the Authorized users of the Geographical Indications. The term for registration is initially 10 years and thereafter, renewable form time to time.
S.S.Datta & Associates is well equipped to handle filing applications, prosecution & registration process of applications for registration of Geographical Indications and/or authorized uses under the Act.