Geographical Indications: Functions, Application, Registration, Infringement
Date: 24 April, 2020
By: Pradeep Yadav
By: Pradeep Yadav
What are Geographical Indications?
Geographical Indication concerning goods means an indication which identifies goods as manufactured goods, natural goods or agricultural goods as originating from a specific place, city or a country. The characteristic of that good is having unique quality which is related to its place of origin. Some of the examples of Geographical origin are Paris Perfume, Nashik Grapes, and Lucknow Chicken etc.
Nashik grape received the Geographical Indication status in 2010–11, as per Geographical Indications of Goods (Registration and Protection) Act, 1999.
The persons who are producing geographical indication goods have got an exclusive right to use such geographical origins in the description of their goods. This gives a unique advantage to the traders of that area to grow their business due to the unique character of their product.
According to TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement, “Geographical Indications are, for this Agreement, indications which identify a good as originating in the territory of a member [of the WTO], or a region or locality in that territory, where a given quality reputation or other characteristics of the good is essentially attributable to its geographical origin”.
Functions of Geographical Indications
Following are the functions of Geographical Indication:
1. They promote the goods of a particular area.
2. They indicate to the customers that the goods which they are buying are coming from a specific area.
3. They assure the customers of a specific given quality, reputation or characteristic of the goods which they are buying.
1. They promote the goods of a particular area.
2. They indicate to the customers that the goods which they are buying are coming from a specific area.
3. They assure the customers of a specific given quality, reputation or characteristic of the goods which they are buying.
Why we should protect Geographical Indications?
Geographical Indications are made for business; they exist to promote the goods of a particular area. They are rewarding the collective traditions and collective decision-making process for the continued evolution of their goods. There is a need to protect the GIs because they are not freely transferable from one owner to another. They act as a valuable business interest which can be exploited by a few people if not given to the whole community.
Registration of Geographical Indication
The registration of a GI is an important step in the protection of a GI. The Geographical Indication of Goods (Registration and Protection) Act, 1999 was enacted to deal with all the aspects related to the GI.
Section 9 of the GI Act, prohibits the registration of certain geographical Indications:
1. The use of the GIs which confuse.
2.The use of the GIs which are against a law in force.
3.The use of the GIs which are likely to hurt the religious feeling of a class of citizen of the country.
4.The use of GIs is generic names or indications.
5.The use of GIs which falsely represent that they originate from some other territory rather than the territory concerned to them.
1. The use of the GIs which confuse.
2.The use of the GIs which are against a law in force.
3.The use of the GIs which are likely to hurt the religious feeling of a class of citizen of the country.
4.The use of GIs is generic names or indications.
5.The use of GIs which falsely represent that they originate from some other territory rather than the territory concerned to them.
Application of Registration
According to section 11, any association of persons or producers or any organization established by law can apply for the registration which is representing the interests of the producers in that area. The duration for a registered GI is 10 years. This duration can be renewed on the payment of a prescribed fee for an indefinite period.
Following the points which an application for registration must contain:
1. A statement on how the GI is serving the goods from the respected territory with its quality and reputation.
2. The Geographical map to which the GI belongs.
3. The particulars regarding the appearance of the geographical indication and the words which will serve it.
Following the points which an application for registration must contain:
1. A statement on how the GI is serving the goods from the respected territory with its quality and reputation.
2. The Geographical map to which the GI belongs.
3. The particulars regarding the appearance of the geographical indication and the words which will serve it.
Infringement of the Geographical Origin
Section 22 of the GI act lays down the rules related to the infringement of registered geographical indications. A person infringes the registered GI when:
1. He uses geographical indication in the goods which suggests that the GI originate from some other place. This misleads the common people.
2. He uses any GI which leads to unfair competition.
3. He uses another GI which falsely represents to a common man that GI is originating from that place.
1. He uses geographical indication in the goods which suggests that the GI originate from some other place. This misleads the common people.
2. He uses any GI which leads to unfair competition.
3. He uses another GI which falsely represents to a common man that GI is originating from that place.
There are various civil remedies which a person can choose when GI infringement takes place:
- Injunction
- Damages on profits
- Giving up the indications.
- Some other remedy as decided by the court.
An action for passing off goods can also be taken under Section 66 (C) of the GI Act in which the defendant is using the goods which are identical with or similar to the plaintiff’s geographical indication in any court which is not inferior to the district court.
Passing off (Common law of Tort remedy)
Action for passing off is based on the principle that no man is entitled to represent his goods as being the goods on another man; and no man is permitted to use any mark, sign or symbols whereby without making a direct representation himself to a purchaser who purchases from him, he enables such purchaser to believe that the mark belongs to some other party. The principle of passing off of goods is a common law of tort remedy.
Passing off remedy is available for both registered and unregistered GIs. On the other hand, an action for infringement is available to only registered GIs.
Difference between Geographical Indication and Trademarks
A Trademark protects the owner of the mark. The protection of Geographical Indication is given to all the traders from that particular region.
Trademark identifies products from a specific manufacturer. Geographical origin does not identify a single manufacturer.
The development of the trademark is related to human creativity. Geographical indications are linked to human topography, climate and other factors.
Trademarks are freely transferable from one owner to the other owner but the Geographical indications are not freely transferrable from one owner to another.
Trademark identifies products from a specific manufacturer. Geographical origin does not identify a single manufacturer.
The development of the trademark is related to human creativity. Geographical indications are linked to human topography, climate and other factors.
Trademarks are freely transferable from one owner to the other owner but the Geographical indications are not freely transferrable from one owner to another.
