Apply Geographical Indication Registration in India
Protect the reputation of your region’s products by registering a Geographical Indication!
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Geographical Indication (GIs) Registration in India
- What is Geographical Indication?
- GIs Application Filing Process
- Benefit of Registration of Geographical Indication
- Geographical Indication Application Contents
- Preliminary scrutiny and examination
- Show Cause Hearing
- Publication in the Geographical Indications Journal
- Opposition
- Registration
- Renewal
- FAQs on Geographical Indications in India
What is Geographical Indication?
A geographical indication (GI) is a type of intellectual property (IP) that identifies a product as originating from a specific place. GIs are used to protect the reputation and unique characteristics of products that are closely associated with a particular place or region. These products may be agricultural, natural, or cultural in nature, and may include food, wine, spirits, handicrafts, and other goods. Let’s understand this with few examples.
Examples of possible Indian Geographical Indications.
1. Basmati Rice Darjeeling Tea
2. kanchipuram silk saree
3. nagpur orange
4. kolhapuri chappal
5. bikaneri bhujia
6. agra petha
GIs Application Filing Process
- Filing of application
- Preliminary scrutiny and examination
- Show cause notice
- Publication in the geographical indications Journal
- Opposition to Registration
- Registration
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Benefit of Registration of Geographical Indication
There are several benefits to registering a geographical indication (GI) for a product:
- Protect the reputation and unique qualities of the product: A GI helps to protect the reputation and unique qualities of a product that are closely associated with a specific place or region. This can help to differentiate the product from similar products that may not have the same characteristics, and can also help to increase the value of the product.
- Promote the cultural heritage of the region: GIs help to promote the cultural heritage of the region where the product is produced, and can help to preserve traditional production methods and techniques.
- Attract tourists: GIs can help to attract tourists to the region where the product is produced, as people may be interested in visiting the region to learn more about the product and its production.
- Increase sales: GIs can help to increase sales of a product, as consumers may be more likely to purchase a product that is protected by a GI due to its reputation and unique qualities.
- Protect against counterfeiting: A GI can help to protect against counterfeiting, as it allows producers to take legal action against parties that try to pass off a product as being protected by the GI.
Overall, the benefits of registering a GI for a product can help to increase the value and reputation of the product, and can also help to promote the cultural heritage and economic development of the region where the product is produced.
Geographical Indication Application Contents
The association of persons or producers or any organization or authority should represent the interest of producers of the concerned goods and should file an affidavit how the applicant claims to represent their interest.
- Application must be made in triplicate.
- The application shall be signed by the applicant or his agent and must be accompanied by a statement of case.
- Details of the special characteristics and how those standards are maintained.
- Three certified copies of the map of the region to which the GI relates.
- Details of the inspection structure if any to regulate the use of the GI in the territory to which it relates.
- Give details of all the applicant together with address. If there is a large number of producers a collective reference to all the producers of the goods may be made in the application and the G.I., If registered will be indicated accordingly in the register.
Preliminary scrutiny and examination
The Examiner will carefully review the application for any mistakes or incomplete information. The applicant should fix any issues within one month of being notified of them. A group of experts knowledgeable on the subject will evaluate the statement of case to ensure the accuracy of the information provided. After this review, an Examination Report will be issued.
Show Cause Hearing
If the Registrar has any objections to the application, they will notify the applicant. The applicant must either respond to these objections within two months or request a hearing. The decision on the application will be communicated to the applicant. If the applicant wishes to appeal the decision, they may do so within one month of receiving it. The Registrar also has the authority to withdraw an application that was accepted in error, after giving the applicant an opportunity to provide their perspective on the matter.
Publication in the Geographical Indications Journal
Every application, within three months of acceptance shall be published in the Geographical Indications Journal.
Opposition
Anyone can file a notice of opposition to the GI application published in the Journal within three months (which can be extended by another month if a request is filed before the three months expire). The registrar will send a copy of the notice to the applicant. The applicant must provide a counter statement within two months. If they do not, it will be considered as abandoning their application. If a counter statement is filed, the registrar will send a copy to the person who filed the notice of opposition. Both parties can then present their respective evidence through affidavits and supporting documents. A hearing date for the case will be set after this.
Registration
If an application for a GI is accepted, the registrar will register the geographical indication. The date of the application will be considered the date of registration. The registrar will issue a certificate with the seal of the Geographical Indications Registry to the applicant.
Renewal
A registered GI shall be valid for 10 years and can be renewed on payment of renewal fee.