Geographical Indications are indications which identify a good
as originating in a place where a given quality, reputation or
other characteristic of the good is essentially attributable to its
geographical origin. Some more well known examples of geographical
indications are "Champagne", "Bordeaux" and
"Chianti", the first two being regions in France and the
third, a region in Italy, all famous for their wines.
The Geographical Indications of Goods (Registration and
Protection) Act, 1999 has been passed by the Government of India.
The said Act was passed with the object of providing protection, as
a Geographical Indication, to any agricultural goods, natural goods
or manufactured goods or any goods of handicraft or goods of
industry including food stuff.
Salient Features Of Indian Geographical Indications law
A Geographical Indication shall be registered as of the date of
the making of the application for registration of that Geographical
Registration of a Geographical
Indication confers the following rights on the registered
proprietor and the authorised users:-
Right to obtain relief in respect of
the infringement of the Geographical Indication.
Exclusive right to the use of the
Geographical Indication in relation to the goods in respect of
which Geographical Indication is registered.
Two or more authorised users of a
registered Geographical Indication shall have co-equal rights.
All the goods have been classified in different classes in
accordance with the International Classification of goods for the
purposes of registration of Geographical Indications.
DURATION AND RENEWAL
The registration of Geographical
Indication is valid for a period of ten years, and may be renewed
thereafter from time to time.
The registration of an authorised
user is valid for a period of ten years or for the period till the
date on which the registration of Geographical Indication in
respect of which the authorised user is registered expires,
whichever is earlier.
PROHIBITION OF ASSIGNMENT OR TRANSMISSION ETC.
The Geographical Indication law prohibits assignment,
transmission, licensing, pledge, mortgage or any such other
agreement in respect of a Geographical Indication.
Any aggrieved person may make an application to the Appellate
Board praying for cancelling or varying the registration of a
Geographical Indication or authorised user on specified
Action for infringement of a Geographical Indication may be
instituted at a District Court or High Court having jurisdiction.
Available relief's include: -
Discovery of documents.
Damages or accounts of profits.
Delivery-up of the infringing labels
and indications for destruction or erasure.
Both civil and criminal remedies
Criminal action lies in case of
falsification and false application of Geographical
Civil action lies in case of
infringement of a registered Geographical Indication.
Name, description ( occupation and
calling and nationality ) of the applicant.
12 representations of the
Description of goods.
User of the Geographical
In case of a body corporate or firm,
the country of incorporation or the Names and descriptions of the
partners composing the firm.
Name of the convention country in
which the first application (if any) is made and the date of such
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