Geographical Indications of Goods (Registration and Protection) Act, 1999

 

Introduction

 

The Geographical Indication of the Goods (hence referred to as IG) is a feature of industrial property that refers to the geographical indication of a nation or a location within it as the country or place of origin of that product.

 

GI aids a producer community in differentiating its items from other competing products on the market and building brand awareness. By assisting consumers in identifying authentic high-quality items, GI serves as a signalling mechanism.

"The sole right to use the indication for their products originating in that region is granted by GI to the manufacturers of that region." They also have the authority to ban any usurpation or replication of the sign on a product that is not from the specified region or does not meet the GI's quality standards.

In India, the construction of a legislative framework for GI protection is quite new.

 

In 1999, the Geographical Indications of Goods (Registration and Protection) Act was passed, and it went into effect in September 2003. (hereafter called GI Act).

 

This Act establishes a system for registering and protecting geographical indicators for commodities.

 

Basmati Rice is a good example of a GI-registered product. Basmati is a long-grain fragrant rice that is historically grown solely in India and Pakistan's Indo-Gangetic plains. Basmati rice, which has an exceptionally lengthy texture and smooth grain, has been grown in the Himalayan foothills from time immemorial. Basmati rice has physical and sensory features that are unique to this region and cannot be replicated due to the region's unique agro-climatic circumstances. T

 

Basmati is a premium commodity on the worldwide market as a result of this, and its distinctiveness must be safeguarded and protected.

The following sorts of commodities fall under the GI umbrella:

 

Agribusiness (example, Basmati rice)

purely natural (example, Makrana marble)

Whether it's a handicraft or a business (example, Kashmiri pashmina)

Ingredients for food (example, Dharwad pedha)

The GI Act's Section 2(g) specifically mentions this.

 

The above-mentioned items are easily linked to the location where they are produced or cultivated.

Aspects of Geographic Indication from a Legal Perspective (GI)

From a Global Perspective, the Origins of GI

Following the approval of the Agreement on Trade-Related Aspects of Intellectual Property Rights, India enacted GI legislation (TRIPS). As a "single undertaking," all WTO member nations signed the TRIPS agreement. For the WTO, a single endeavour is essentially an agreement signed by all member countries.

 

The TRIPS agreement establishes a minimum level of protection for items registered as a GI, which is expected to be observed by all World Trade Organization members (WTO). According to Article 22 (2)(b) of the agreement, the goal of assigning GI status to commodities is to avoid "unfair competition" and misrepresentation of a good's geographical origins (a).

Article 22 of the TRIPS Agreement (agreement) was criticised for not being comprehensive enough for all commodities when it was signed in 1994. Wines and spirits are given particular protection under Article 23.

In the case of items other than wines and spirits, the TRIPS agreement only protects the producer if there is an explicit act of deception against the public by attempting to pass off a good as a GI protected good, and nothing else. Following that, Section 10 of the GI Act states that a "homonymous geographical indication may be registered under this Act if the Registrar is satisfied, after examining the practical conditions," that there is no contradiction in public understanding of the products.

GI laws and jurisdictions in India

GI registrations and commodities are governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999, and the Geographical Indications of Goods (Registration and Protection) Rules, 2002.

 

The Intellectual Property Appellate Board has authority over any dispute where the legality of a geographical indication's registration is questioned, according to Section 58(1) of the GI Act.

 

Furthermore, Section 66 (1)(c) of the GI Act gives "any court lower to a district court possessing jurisdiction to try the complaint" the authority to hear infringement claims. Injunctions, nominal damages, and profits damages may be given at the judge's discretion, at the plaintiff's request, according to Section 67 of the GI Act.

According to Section 55 of the Act, "no suit or other legal proceedings shall lie against any person in respect of anything done or intended to be done in good faith in accordance of this Act."

 

The Geographical Indications Registry in Chennai has comprehensive authority over GI goods in India, including their registration and application processes. The Intellectual Property Appellate Board (IPAB) is in charge of appeals. It is based in Chennai as well. According to the IPAB's website, it is the sole tribunal in India with worldwide clout. This was seen in the case of the Lahore Growers Association and Basmati rice (elaborated upon in later sections).

The current state of affairs Prior to the GI Act,

Prior to the GI Act, any remedy for violation of geographical indication rights was provided through a tort case or the Trade and Merchandise Marks Act, 1958, which has since been repealed and replaced by the Trade Marks Act, 1999.

India as an example

Tea from Darjeeling

India is now one of the world's greatest tea growers, with exports surpassing 230 million kg for the first time in over 35 years in the financial year 2015-16. Under British administration, India began growing tea. Darjeeling was the first place in India to receive a GI. Tea plantations were established in the 1840s under British supervision in order to compete with the Chinese monopoly on the market.

 

The Tea Act of 1953 established the Tea Board of India. Under the Trademarks Act of 1999, the Geographical Indications of Goods (Registration and Protection) Act of 1999, and the Copyright Act of 1957, the tea board controls all intellectual property rights. IP rules have safeguarded the emblem and even the name Darjeeling Tea. Darjeeling Tea is a registered trademark in China, Australia, Egypt, Lebanon, the United States, and other countries.

Rice Basmati

Basmati rice is a unique variety of rice with long grains and a distinct scent that distinguishes it from other rice varieties. The Indo-Gangetic Plains are where you'll find it. Basmati rice has been at the centre of a GI war between different states, including Pakistan and the United States.

 

RiceTec, a Texas-based corporation, created 'Texmati,' or 'American Basmati,' which was patented by the US Patent and Trademark Office (USPTO). A few Indian NGOs objected, stating that the word "basmati" could only be applied to rice farmed in India and Pakistan. The NGOs triumphed after presenting all of the evidence, and RiceTec abandoned its main allegations.

India and Pakistan have a history of disagreeing on a variety of subjects, and GI certification of basmati rice is no exception. The Basmati Growers Association (BGA) of Lahore maintained that the Basmati label may only be used to rice harvested in Pakistan's territory. They also claimed that because they have been cultivating rice over a longer period of time, they have a greater entitlement to GI registration. Despite the fact that India and Pakistan had sought for a combined Basmati GI tag, the efforts were stymied due to the GBA's stance.

 

The Agricultural and Processed Foods Export Development Authority (APEDA) desired registration for seven Indian states, therefore BGA filed a complaint with the Intellectual Property Appellate Board (IPAB) in Chennai. According to its website, IPAB is "India's sole tribunal with a worldwide influence."

The IPAB has instructed the GI Registry to provide the GI label to Basmati rice grown in Punjab, Haryana, Himachal Pradesh, Uttarakhand, sections of Uttar Pradesh, and Jammu & Kashmir. After years of parliamentary wrangling, this has finally happened. Madhya Pradesh continues to demand GI certification for rice harvested in a few of its areas.

Scotch Whisky

The Scotch Whisky Association (SWA) sued Golden Bottling Limited in 2006 for infringement of geographical designations. The defendant was accused of producing "Red Scot," a product that was allegedly deceptive to customers. The Delhi High Court heard the matter of Scotch Whisky Association v. Golden Bottling Limited in 2006. Under the UK Scotch Whisky Act, 1988, and the Scotch Whisky Order, 1990, the term "Scotch Whisky" was given the status of a geographical indicator. However, because the same was not granted GI status in India, the court was unable to use that term. Unregistered GIs are protected from lawsuits under Section 20(1) of the GI Act. As a result, the sole recourse was to sue under the tort of passing off. Outside of the courts, the dispute was settled. Later, in 2015, the government accepted Scotch whisky under Section 2(e) of the GI Act's definition.

Is Geographic Information Systems (GIS) Important for Businesses or Just Communities?

The majority of GI applicants come from rural areas. Darjeeling tea producers, whose interests are represented in legislative concerns by the Tea Board, have reaped financial benefits since Darjeeling Tea was granted GI status. Darjeeling tea was the first product in India to get this honour.

 

In this scenario, the business and social benefits are intertwined. Due to the lack of outside competition, Darjeeling tea producers may demand a premium price for their product. Without the status of a geographical indicator, tea producers would face competition from other sources, especially large corporations with a lot of cash on hand. The majority of items that seek for GI registration come from rural regions. GI registration may also be viewed as a business tool for rural empowerment and job creation. In most situations, the commercialization of a unique product results in the product becoming generic and the market pricing, as well as the quality, declining. The GI status is used to prevent this.

What Are the Benefits of a Registered Geographical Indication for a Producer:

 

A producer of a good with the status of a geographical indicator has a number of financial benefits. The producer becomes the commodity's sole seller, and in the event of a single "primary place of business," the producer can even be considered to have a monopoly.

A "principal place of business," as defined by rule 3 of the Geographical Indications of Goods (Registration and Protection) Rules, 2002, is the location from which the GI registered good's business is conducted. If various locations are used for business purposes, they are included. The word also relates to commodities that have not been given the status required by the Act.

The exclusive right to protect the registered GI on the specified items is granted by GI registration to the registered producer and authorised user. GI registration is a producer-friendly law aimed at safeguarding the industry for unique items that are distinct according to their geographic location. GI has a high commercial value as a sort of Intellectual Property (IP).

For the consumer, a product with a GI label is linked with a high level of quality and distinction. When a buyer buys a product with a GI tag, they are getting good value for their money since the tag confirms that the product has all of the attributes connected with it. The flavour of genuine Darjeeling tea, for example, differs from that of those attempting to pass their products off as the same.

 

The bulk of commodities seeking for GI Registration are produced by micro, small, and medium businesses, most of which are located in rural regions. GI registration allows small firms to get market share that would otherwise be dominated by huge corporations. As a result, buyers receive genuine items rather than generic or mass-produced ones.

How to Register a Good as a Geographical Indication (GI)

Different types of applications include:

Ordinary – Used to register a GI in India.

Convention - The registration of a geographical indication (GI) that has previously been acknowledged in another nation.

Single Class - Includes the registration of commodities that fall into a certain category.

Multi Class - This term refers to the registration of commodities that fall into various categories.

The GI tag registration procedure begins with the submission of an application. "The application must be made in triplicate," according to the Geographical Indications registration.

The applicants may be the producer(s) of the products in question, or any organisation or body with approval to serve as the producer's agent (s).

The application must be sent to the GI registry's office in Chennai.

The facts of the "primary place of business," as defined under Section 3 of the Geographical Indications of Goods (Registration and Protection) Rules, 2002, must be included in the application.

The allegations are backed up by historical evidence.

A full explanation of the item and how it should be used.

The process of manufacture.

Other significant information for assessing the good's GI status.

The application will be scrutinised by the Registry and a team of experts that they will appoint.

If there are any inaccuracies, the applicant will have one month to correct them.

The Registrar also has the authority to revoke the application if the faults are not corrected.

After the application is approved, the Registry will publish it within three months after the approval.

Within three months after the GI application's publication, anybody can register an opposition (extension can be provided for another month).

The date of submission of the application will become the date of registration after it has been accepted. The applicant will receive a certificate with the GI registry's seal. Within three months following the registration, you can file a complaint with the Intellectual Property Appellate Board.

A few exclusions are listed in Section 9 of the GeographicalIndication of Goods (Registration and Protection) Act, 1999, which cannot be registered with the GI Registry. These are the products that –

 

 

It has the potential to mislead or deceive the people.

 

It's possible that it's scandalous in nature.

 

Are in violation of the legislation in effect at the time

 

Religious sensitivities may be harmed.

 

Are general, i.e. not one-of-a-kind

Important Remarks about GI Registration

A registered GI is valid for ten years and may be renewed for another ten years by paying a renewal fee.

The application should be sent to Chennai's Geographical Indications Registry.

For service in India, the applicant must have an address in India.

A legal practitioner or a registered agent can generally file an application.

GI Information Transfer

The GI tag cannot be transferred to another user under any circumstances, according to Section 24 of the GI Act. The rights of the GI "devolve to his successor in title under the legislation for the time being in force" only if the authorised user dies.

Renewing the GI

A request for GI renewal can be made by the authorised user of the GI at any point during the preceding registration period's last six months.

If no such request is lodged with the Registrar before the expiration of the GI, the Registrar will inform the user after one month and before three months.

The application can also be filed within six months of the previous GI's expiration date, which, if not done, will result in the GI's cancellation.

The renewal form is called GI-1, and it may be found on the website http://www.ipindia.nic.in/.

For each class of GI, a renewal fee of INR 5000 is required.

Conclusion

India is a land with many different cultures and products. Each state, and even each district, has its own culture and produces things that are exclusive to that region. Many of the commodities are distinctive to that region, although not all are granted Geographical Indication status under the Act's definition in Section 2(e). The GI Registry gives each application careful attention. The recent situation of Basmati rice exemplifies how GI registrations influence not just our countries but also others.

The Accord on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was the global agreement that first brought the problem of geographical indications to India's attention. The TRIPS agreement has been criticised for not providing the same level of protection to other commodities as it does to "wine and spirits," despite the fact that it is quite comprehensive and well drafted. After the Uruguay Round of the General Pact on Trade and Tariffs (GATT) in 1994, India was one of the nations that requested an extension to the protection provided under the agreement.

 

The TRIPS Agreement has been revised to address other critical issues such as adding provisos for Least Developed Countries (LDCs), but the question of giving other items the same degree of protection as wines and spirits has yet to be addressed. India has a highly thorough registration procedure for geographical indications, which incorporates our Constitution's democratic values. It has several provisions for contesting products' registration under the GI Act. contact masrkshield for  more information

 

According to the Controller General of Patents, 285 items were registered as GI between 2009 and 2015, with another 224 undergoing evaluation. This just adds to the popularity and importance of GI registrations in India.

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