- The Geographical Indications act is enacted in 1999 This legislation came into force on 15 September 2003.
- Geographical Indications (GI) in India are protected under the Geographical Indications of Goods (Registration and Protection) Act, 1999.
- The Geographical Indications (GI) Act is a legal framework that protects goods originating from a particular geographical region.
- It ensures that products associated with a specific place have certain qualities, reputation, or characteristics attributable to their geographical origin
- Main aim of the GI Act safeguards the names of products linked to their geographic origins, preventing misuse and ensuring authenticity for consumers.
Procedure .
(A) Application of Registration
Sections 11 through 17 of the Geographical Indication Act describe the procedure. Preparation and Application
- Identify the goods for which you want to obtain a geographical indication (GI).
2 Prepare a detailed description of the geographical area and the specific qualities, characteristics or reputation of the goods that are attributable to that geographical origin.
3 Complete the application form prescribed by the Geographical Indications Registry.
(B) Filing the Application
1 Submit the application along with the prescribed fees and required documents to the Registrar of Geographical Indications.
2 The application should include details such as the name and address of the applicant particulars of the geographical indication, a statement of case specifying the goods and the geographical area, and any other relevant information.
(C) Examination
1 The Registrar examines the application to ensure it meets the legal requirements under the Act.
2 This includes verifying the uniqueness of the geographical indication, ensuring it identifies goods originating from the specified geographical area, and checking for any conflicting prior rights.
(D) Publication
Section 13 under Publication
1 If the Registrar is satisfied with the application, it is published in the Geographical Indications Journal
2 .The publication invites limitation or oppositions from the public within a specified period (usually within 3 months).
(E) Opposition Proceedings (if applicable)
Section 14 opposition Proceedings
1 If objections are filed by any person or organization, the Registrar notifies the applicant.
2 The applicant has the opportunity to respond to the objections and provide evidence to support their application.
3 The Registrar may conduct hearings or proceedings to resolve any disputes
4 The applicant shall within period of two months from the date of the receipt of such notice send to the Registrar the copy of the counter statement stating the grounds on which he relies on his application
5 failure to do so will result in abandonment of his application..
(F) Registration
1 Registration is defined in section -16 GI ACT 1999
2 If no valid opposition is received or if opposition proceedings are resolved in favor of the applicant, the geographical indication is registered.
3 The Registrar issues a certificate of registration to the applicant.
4 The registrar shall then issue to the applicant a certificate with the seal of the Geographical indication’s registry in Form-02 as per Rule 55 0f The Geographical Indications of Goods (Registration and Protection) Rules 2002
(G) Appeals
Section 31 appeal
1 Any person aggrieved by an order or decision of the Registrar may appeal to the Intellectual Property Appellate Board (IPAB) within the prescribed time.
2 ( within 3 months) from the date on which the order or decision
Duration :
Section 18
1 The Geographical Indications of Goods (Registration and Protection) Act, 1999 is a legislation enacted by the Government of India. The Act provides for the registration and protection of geographical indications relating to goods in India. Here are some following points regarding the duration and application of the Act:
2 Once a geographical indication is registered under the Act, it is initially valid for a period of 10 years.
3 At the time of expiry before the expiration of last registration of GI the Registrar shall send the notice to the registered proprietor or the authorized user as the case may be, about the date of expiration and the conditions as to payment of fees and upon renewal of which registration shall be obtained.
- The registration can be renewed indefinitely for subsequent periods of 10 years each, as long as the renewal fees are paid and other conditions are fulfilled.
- Where a GI ACT 1999 has been removed by the Registrar on grounds of default /non-payment of the renewal fees may after six months
- within period of one year from the expiration of last registration of geographical indication may on an application in a prescribed manner and after payment of prescribed fees may restore the geographical indication for period of 10 years from the expiration of last registration
Amendments
There have been no major amendments to the Geographical Indications Act, 1999.
CONCLUSION:
In conclusion, the Geographical Indications Act, 1999 plays A important role in promoting cultural heritage, supporting rural development, and protecting consumers’ interests , name ,logo , origin by ensuring the authenticity and quality of products associated with specific geographical origins in India It reflects India’s commitment to preserving traditional knowledge and fostering sustainable economic growth through the recognition and protection of geographical indications
By Prince (Intern)