Shri. Chinnaraja G Naidu Assistant Registrar of GI Geographical Indications Registry

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1 Shri. Chinnaraja G Naidu Assistant Registrar of GI Geographical Indications Registry

2 Identify a product having particular Qualities, reputation which is originating from a specific Geographical region. Nature has been very kind to India, giving it a potential advantage in terms of economy, culture, climate and intellectuals.

3 GI is a brand creating mechanism, to fetch a premium price in the market, indigenous producers utilize GI business tool. This branding technology were misused my mischief makers.

4 Pre -TRIPS Scenario Global: Widespread imitation / usurpation of GIs Insufficient / ineffective / uneven protection in different countries Had to fight for their reputation, even for market access using their names India: What triggered the enactment of GI statute? Need to protect Indian Treasures (Darjeeling tea, Basmati Rice, Bikaner Bhujia, Alphanso Mango, Nagpur Orange and many more) To prevent GI goods becoming generic Need for a rule based system that is open, fair and provides for an enforcement mechanism

5 TRIPS obligation Unless a geographical indication is protected in the country of its origin, there is no obligation under the TRIPS Agreement for other countries to extend reciprocal protection. India would, on the other hand, be required to extend protection to goods imported from other countries which provide for such protection.

6 Indian GI s India is a rich storehouse of goods with reputation or quality which can be adduced to their geographical origin or place of manufacture. E.gs. Pashmina from Kashmir, Kullu Shawl & Kangra Tea from Himachal Pradesh, Phulkari from Punjab, Kota Doria and Bikaneri bhujia from Rajasthan, Banaras Sarees & Brocades from Uttar Pradesh, Chanderi sari from Madhya Pradesh, Madhubani painting from Bihar, Darjeeling tea from West Bengal, Orisaa Ikat from Orissa. Pochampalli sarees from Andhra Pradesh, Mysore silk and Channapatna toys from Karnataka, Kanjeepuram sarees and Nilgiri tea from Tamil Nadu, Aranmula metal mirror and Green cardamom from Kerala The economic potential of these goods is enormous

7 The law governing geographical indications of goods in the India adequately protect the interests of producers of goods and balancing the interest of General public. Exclusion of unauthorised persons from misusing geographical indications would serve to protect consumers from deception, add to the economic prosperity of the producers of such goods and also promote goods bearing Indian geographical indications in the export market. Geographical Indication of Goods (Registration & Protection) Act, 1999, came into force since

8 Purely voluntary. Who can apply. Method of filing an application. Concept of authorized user. Registration Process. Importance of consultative group of experts. Additional protection for notified goods.

9 Benefits of GI Registration GI registration provides the registered proprietor and the authorized user the exclusive right to protect the registered GI on the specified goods Monopolization of the market enables the producers to control prices, i.e., can charge premium prices, thereby enhancing profits It has been reveal that 80 % consumers are prepared to pay % higher prices for goods they believe are having better qualities over other goods

10 The Register of Geographical Indications is divided into two parts. Part A consists of particulars relating to registered Geographical Indications and Part B consists of particulars of registered authorized users. The registration process is similar to both for registration of a geographical indications and an authorised user.

11 Agricultural Natural Goods of Handicrafts Industry Manufactured goods Food Stuffs - Section (2) (1) (f) of G.I. Act Almost all kinds of goods are covered Manufactured goods include handicrafts and handlooms

12 Wide definition of GI Registration Procedure Authorised user concept Collective right concept Penalties for infringement and offences. Higher level of protection for notified goods Prohibition of assignment, etc. Prohibition of registration of GI as a trademark Protection for foreign GIs Independent Passing off action Appellate Board.

13 NAME OF GI (WORD OR LOGO OR LABEL) To file logo of along with GI for better identification and Protection of GI Rights. DETAILS OF APPLICANT: Name and Address of the Applicant Documentary evidence relating to legal status of a Association of Producers to be provided such as Memorandum and Articles of Association, Bye-laws, Registration certificates etc., NAME OF THE GOODS AND CLASS: As per Section (2) (1) (f) of G.I. Act Agricultural, Natural, Handicrafts, Industry, Manufactured goods & Food Stuffs Classification of Goods as per NICE International Classification GI AREA:THREE CERTIFIED COPIES OF AREA MAP The GI area may be indicated by giving details of the longitude and latitude of the production area. The provided certified map (three copies) issued from a competent statutory authority giving details of the longitude and latitude of the production area. AN AFFIDAVIT TO REPRESENT THE PRODUCERS The Applicant to file a notarized affidavit in original stating how the applicant claims to represent and safeguard/protect the interest of producers of proposed GI; Approximate Annual Turnover. The date, month & year of execution of the affidavit should be mentioned.

14 PROOF OF ORIGIN & METHOD OF PRODUCTION: Brief description about the origin and the evolution of the GI and its production method The general good practices of Production adopted by the producers in the GI Area to be provided. The specific standards of Quality and process of sequence of production along with the characteristics which make the product Unique to be provided SPECIFICATION & DESCRIPTION Specification of GI product to be to be provided with detailed and clear characteristic and technical specification. UNIQUENESS: Peculiar features that makes the GI different from other similar goods. The human skill of producer in making of this unique product to be provided. PARTICULARS OF INSPECTION BODY The inspection structure should be strengthened with an independent Neutral agency to maintain the quality and regulating the use of Geographical Indications.

15 How the geographical indication serves to designate the goods as originating from the concerned Geographical area, in respect of specific quality, reputation or other characteristics which are due exclusively or essentially to the geographical environment Three certified copies of the map of the territory, or region. The particulars of human skills involved or uniqueness of the Geographical environment or other inherent characteristics of the GI. The particulars of the mechanism to ensure that the standards, quality, integrity, and consistency, or other special characteristic are maintained by the producers, or manufacturers of the goods; An affidavit as to how the applicant claim to represent the interest of the concerned persons, producers, authority or organizations.

16 No discrimination Applicant has to give an address for services in India Details of Home country GI Application Same protection under the Law Same procedure for registration Same punishments in case of violation

17 Any association of persons or producers or any organization or authority established by or under law representing the interest of producers of the concerned goods. Application for registration of a GI should be in the prescribed form (GI-1A to 1D). Accompanied by the prescribed fee Rs.5000/- Per Class. It must be made in triplicate along with three copies of a statement of case accompanied by five copies of Additional Representations, Three certified copies of Map, documents in support of origin.

18 Examination of Application A Consultative Group shall be constituted consisting of not more than seven members. To ascertain the correctness of the particulars furnished in the statement of case. Chaired by Registrar of G.I. Thereupon Examination Report shall be issued. Advertisement The accepted applications shall be advertised in the Geographical Indications Journal.

19 If no notice of opposition or application for extension of time for filing notice of opposition is received With in three months from the date on which the journal was made available to the public and with in extension period of One Month Validity Of Registration Registration is valid for 10 Years from the date of Application. Registration is renewable for another 10 years and so on

20 Who can Apply? An application for the registration as an authorised user of the registered geographical indication shall be made by a producer and jointly by the registered proprietor of the said GI Producer, means, -- any person who produces the goods in case agricultural goods, and includes the person who processes or packages such goods; any person who exploits the goods in case of natural goods,; any person who makes or manufactures the handicraft or industrial goods, any person who trades or deals in such production, exploitation, making or manufacturing of the goods.

21 How to Apply? Application for registration of a GI Authorised User should be in the prescribed form (GI-3A). Accompanied by the prescribed fee for filing a GI Authorised User Application Rs. 500/-. Statement of case accompanied with an affidavit. A copy of the consent letter from the registered proprietor or If consent letter is not available, a copy of Application may be endorsed to Registered proprietor for information. Fees may be paid by Cash, or Money order, Bank drafts and cheques, It shall be addressed to the Registrar of Geographical Indications, Payable at Chennai.

22 GI Authorised user registration provides the authorized user the exclusive right to use the registered GI on the specified goods. The Authorised users can initiate infringement actions. With the protection assured by GI registration, the market is developed, pirates and counterfeiters cannot encroach that market. Consumers are guaranteed of the genuineness of the product and of quality assurance. Promotes Brand building.

23 Geographical Indications of Goods (Registration & Protection) Act, 1999 Geographical Indications of Goods (Registration & Protection) Rules, 2002 (To be filed in triplicate) Form GI 3 (A) Application for the Registration of an Authorised User Section 17 (1), Rule 56 (1) Fee: Rs. 500/- Application is hereby made who is the registered Proprietor of the Geographical Indication registered in Class in respect of Goods. being the proposed Authorised user in Part B of the above mentioned registered Geographical Indication. A statement of Case of those the Applicant claim to be producer is enclosed herewith. A copy of consent letter from the Registered Proprietor is enclosed/not enclosed. All Communications relating to this application may be sent to the following address in India: Dated this Day of 2010 (Signature of Applicant)

24 GIs and Industry Many registered and potential GIs of India are in the Micro and SME sector GI protection enables them to develop their market and increase returns

25 GIs and Tourism GIs are unique products coming from demarcated areas Cultivation or manufacturing process itself can attract tourists Handicrafts and handlooms with special characteristics are always attractive to tourists. Regions can provide attract tourists to taste the special GI foods or drinks or buy the unique products with discounts

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