Geographical Indication Is A Sign That Identifies A Product As Originating In A Given Place. It States That A Particular Product Belongs To A Specific Location. Since The Qualities Depend On The Geographical Location Of Production,
There Is A Clear Link Between The Product And Its Original Place Of Production. Geographical Indication Grants Primary Importance To Agricultural, Natural, Manufactured; Handicraft Origination Forms A Definite Geographic Territory.
Geographical Induction Tag Provides Similar Rights And Protection To Holders. Article 1 (2) And 10 Of The Paris Convention For The Protection Of Industrial Property, Geographical Indications Covered As An Element Of IPRs. Some Of The Notable Examples Of Geographical Indication Marks Are Kashmiri Pashmina Shawl, Darjeeling's Tea, Kanchipuram Silk Saree.
Statutory Provisions:
Article 22 To 24 Of The Trade-Related Aspects Of Intellectual Property Rights (TRIPS) Agreement. The TRIPS Agreement States, "Indications Which Identify A Good As Originating In The Territory Of A Member, Or A Region Or Locality In That Territory, Where A Given Quality, Reputation Or Other Characteristic Of The Good Is Essentially Attributable To Its Geographic Origin"
India, As A Member Of The World Trade Organization (WTO) & TRIPS Agreement. In India, The Geographical Indications Are Protected By The Geographical Indications Of Goods Act 1999. It Comes Into Force With Effect From 15th September 2003, Geographical Indication Registry Office Is At Chennai.
Benefits Of Registration Of Registering Under Geographical Indication:
- Legal Protection For Geographical Indicated Products In India.
- Grants Protection For The Unauthorized Use Of A Registered Geographical Indication.
- Assists In The Boost Exports Of Geographically Indicated Products.
- The Economy On Its Own Prospers Due To The Production Of Goods In A Geographical Territory.
[ Rights Conferred By Registration Are Mentioned Under Section 21]
Section 9: The Following Indications Cannot Be Registered
- Products Which Would Likely Deceive Or Cause Confusion.
- Products Which Be Contrary To Any Law For The Time Being In Force.
- Products That Comprise Or Contain Scandalous Or Obscene Matter.
- Products That Comprise Or Contain Any Matter Which Would Likely Hurt The Religious Susceptibility Of Any Section Of Citizens In India.
- Products That Would Otherwise Be Disentitled To Protection In A Court.
- The Product Falsely Represents To The Persons That The Goods Originate In Another Territory, Region, Or Locality, As The Case May Be.
Duration:
Section 18 Of The Act Provides Ten Years Of Protection For Geographical Indication. It Can Be Renewed For Ten Years On An Application Made In The Prescribed Manner And Within The Prescribed Period And Subject To The Payment Of The Prescribed Fees.
The Suit Against Infringement Has To Be Filed Before A District Court Under Section 66. The Registered Proprietor Or Authorized Users Of A Registered Geographical Indication Can Initiate An Infringement Action. Relief Is Granted Under Section 67.
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