Geographical Indications of Goods (Registration and Protection) Act, 1999

Last updated

Geographical Indications of Goods (Registration and Protection) Act, 1999
Emblem of India.svg
Parliament of India
  • An Act to provide for the registration and better protection of geographical indications relating to goods.
Citation Act No. 48 of 1999
Enacted by Parliament of India
Assented to30 December 1999
Commenced15 September 2003
Status: In force

The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) is a sui generis Act of the Parliament of India for protection of geographical indications in India. India, as a member of the World Trade Organization (WTO), enacted the Act to comply with the Agreement on Trade-Related Aspects of Intellectual Property Rights. [1] The GI tag ensures that only those registered as authorised users (or at least those residing inside the geographic territory) are allowed to use the popular product name. Darjeeling tea became the first GI tagged product in India, in 2004–05, since then 370 goods had been added to the list as of August 2020.

Contents

Geographical indication

According to section 2 (1)(e) of the Act, Geographical indication has been defined as "an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be." [2]

Some of the registered geographical indications includes, agricultural goods like Darjeeling tea, Malabar pepper, Bangalore Blue grapes, manufactured goods like Pochampalli ikat, Kanchipuram silk sari, Solapuri chaddars, Bagh prints, and Madhubani paintings. [3] A more complete list is available at List of Geographical Indications in India.

Registration process

Duration

A GI is registered for an initial period of ten years, which may be renewed from time to time. [10]

Exclusions

Under Section 9 of the Act, the following indications cannot be registered: [11]

Effect of registration and infringement

Registration of a GI gives its owner and the authorised users the exclusive right to use the indications on the good in which it is registered. Further, registration gives right to institution of suit against infringement and recovery of damages for such infringement. [12] Infringement can be caused by use of the GI on such goods which indicates that such goods originate in such place other than its true place of origin or due to unfair competition. [13] However, in case of non-registered GIs, a case of passing off can be instituted. [14] Registration acts as a prima facie evidence of validity of the indication and ownership. [15] The registration cannot be transferred, mortgaged, assigned or licensed, except in case of inheritance of the mark upon death of an authorised user. [16]

Any person who falsely applies or falsifies any geographical indication, tampers the origin of a good, make or have in possession of dye, blocks, machines to use in falsification of GI may be punished shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakhs (200,000) rupees. [17] In case of second and for every subsequent offence, a person can be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. [18] However, the judge may under certain condition may reduce the sentence, and reasons for reduction of punishment must be written in the judgment. [18] Other offences includes, falsely represent a GI to be registered, falsification of entries in register, falsely representing a place to be connected with GI Registry.

See also

Related Research Articles

<span class="mw-page-title-main">Trade Marks Act 1994</span> Law governing trade marks

The Trade Marks Act 1994 is the law governing trade marks within the United Kingdom and the Isle of Man. It implements EU Directive No. 89/104/EEC which forms the framework for the trade mark laws of all EU member states, and replaced an earlier law, the Trade Marks Act 1938. Although the UK's trade mark regime covers the Isle of Man, it does not extend to the Channel Islands which have their own trade mark registers.

<span class="mw-page-title-main">Geographical indication</span> Indication of a products source

A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin. The use of a geographical indication, as an indication of the product's source, is intended as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a good reputation due to its geographical origin.

<span class="mw-page-title-main">Canadian trademark law</span>

Canadian trademark law provides protection to marks by statute under the Trademarks Act and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services. A mark can be protected either as a registered trademark under the Act or can alternately be protected by a common law action in passing off.

This article describes the various laws related to non profit organisations in India. A non profit organisation can be registered in India as a Society, under the Registrar of Societies or as a Trust, by making a Trust deed, or as a Section 8 Company, under the Companies Act, 2013.

The Office of the Controller General of Patents, Designs and Trade Marks(CGPDTM) generally known as the Indian Patent Office, is an agency under the Department for Promotion of Industry and Internal Trade which administers the Indian law of Patents, Designs and Trade Marks.

<span class="mw-page-title-main">Trademark</span> Trade identifier of products or services

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others. A trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks.

<span class="mw-page-title-main">The Competition Act, 2002</span>

The Competition Act, 2002 was enacted by the Parliament of India and governs Indian competition law. It replaced the archaic The Monopolies and Restrictive Trade Practices Act, 1969. Under this legislation, the Competition Commission of India was established to prevent the activities that have an adverse effect on competition in India. This act extends to whole of India.

<span class="mw-page-title-main">Places of Worship Registration Act 1855</span> United Kingdom legislation

The Places of Worship Registration Act 1855 is an Act of the Parliament of the United Kingdom which governs the registration and legal recognition of places of worship. It applies only in England and Wales, and does not cover the Church of England which is exempt from the Act's requirements. Nor does it affect the Church in Wales, which remains part of the Anglican Communion although it is no longer the Established Church in Wales. Registration is not compulsory, but it gives certain financial advantages and is also required before a place of worship can be registered as a venue for marriages.

Gadwal sari is a handcrafted woven sari style in Gadwal of Jogulamba Gadwal district in the Indian state of Telangana. It was registered as one of the geographical indication from Telangana by the Geographical Indications of Goods Act, 1999. They are most notable for the Zari on the saris. The sari consists of a cotton body, silk border, and zari pallu. with silk pallu which is also given a new name Sico saris. The weave is so light that the saree can be packed in a matchbox. The Brahmotsavas of Tirupati begins with the deity's idol being adorned with Gadwal Saree.

<span class="mw-page-title-main">Pedana Kalamkari</span>

Pedana Kalamkari also known as Machilipatnam style of Kalamkari work which involves vegetable dyed block-painting of a fabric. it is produced at Pedana a nearby town of Machilipatnam in Krishna district of the Indian state of Andhra Pradesh. It was registered as one of the geographical indication from Andhra Pradesh under handicraft goods by Geographical Indications of Goods Act, 1999.

Procter & Gamble v. Office for Harmonization in the Internal Market is a case before the European Court of Justice about the registration of 'BABY-DRY' as a trademark for baby diapers. OHIM refused the registration of the brand as a community mark saying that 'BABY-DRY' wasn't distinctive, but instead that it was descriptive without a secondary meaning.

<span class="mw-page-title-main">Indian company law</span>

Indian company law regulates corporations formed under Section 2(20) of the Indian Companies Act of 2013, superseding the Companies Act of 1956.

<span class="mw-page-title-main">Kangra tea</span> Tea from the Kangra valley in India

Kangra tea is a tea from the Kangra district in Himachal Pradesh, India. Both black tea and green tea have been produced in the Kangra Valley since the mid-19th century. Kangra tea was given the Geographical Indication status in 2005.

Kuthampally dhoties and set mundu are dhoties and set mundus manufactured by the weavers in the Kuthampally region in Kerala, India. This clothing product has been registered under Sub-section (1) of Section 13 of the Geographical Indications of Goods Act, 1999 with effect from 13 November 2015. The registration was recorded as per an application made by Kuthampully Handlom Cluster Charitable Society Consortium.

<span class="mw-page-title-main">Khurja pottery</span>

Khurja pottery is traditional Indian pottery work manufactured in Khurja of the Bulandshahr district in Uttar Pradesh state, India. Khurja pottery has been protected under the Geographical indication (GI) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. It is listed at item 178 as "Khurja Pottery" of the GI Act 1999 of the Government of India with registration confirmed by the Controller General of Patents Designs and Trademarks.

Registration of intellectual property in Ghana is key to safeguarding one's intellectual efforts from infringement. Intellectual property law of Ghana encompasses intellectual property (IP) laws in Ghana, such as laws governing copyright, patent, trademark, industrial design rights, and unfair competition. The main intellectual property laws in Ghana include the Copyright Act, 2005, the Patents Act, 2003, the Trademarks Act, 2004, the Industrial Designs Act, 2003 and the Protection Against Unfair Competition Act, 2000. These are supplemented by regulations passed by the Legislature to augment the rate of development under IP laws.

The Industrial Designs Act, 2003 is a Ghanaian act to revise the enactments on the protection of industrial designs and to provide for related matters. The Act is one of the Seven Acts that exist to protect Intellectual Property Rights in Ghana namely; Protection against Unfair Competition Act, 2000 ; Industrial Designs Act, 2003 ; Geographical Indications Act, 2003 ; Patents Act, 2003 ; Trademarks Act, 2004 ; Layout-Designs (Topographies) of Integrated Circuits Act, 2004 and Copyrights Act, 2005.

<span class="mw-page-title-main">Trademarks Act, 2004</span> Ghanaian trademark legislation

The Trademarks Act, 2004 is legislation enacted by the Third Parliament of the Fourth Republic of Ghana and signed into law by President John Agyekum Kufuor. The Act regulates the process through which trademarks and collective marks are registered, the issuance of registered trademarks and how trademarks and collective marks are protected through the enforcement of the Act. The rationale for enacting the Act is for the protection of the goodwill and reputation of the business of a proprietor. The Act establishes the Trademark Registry(Registar) to which is mandated to register trademarks and issue registered trademarks. The Act has been amended by the Trademarks (Amendment) Act, 2014 which came into force on 25 July 2014. The Amendment incorporated the Madrid Protocol into The Act.

References

  1. Sudhir Ravindran; Arya Mathew (2009). "The Protection of Geographical Indication in India – Case Study on 'Darjeeling Tea'" (PDF). Property Rights Alliance. Retrieved 21 April 2013.
  2. Section 1 (3)(e) of Geographical Indications of Goods (Registration and Protection) Act, 1999
  3. "State Wise Registration Details of G.I Applications 15th September, 2003 – 31st March, 2013" (PDF). Geographical Indications Registry, Government of India. Archived from the original (PDF) on 24 October 2013. Retrieved 20 April 2013.
  4. Section 11(1) of Geographical Indications of Goods (Registration and Protection) Act, 1999
  5. Section 11(2) of Geographical Indications of Goods (Registration and Protection) Act, 1999
  6. Section 11(5) of Geographical Indications of Goods (Registration and Protection) Act, 1999
  7. Section 11(6) & 11(7) of Geographical Indications of Goods (Registration and Protection) Act, 1999
  8. Section 13 of Geographical Indications of Goods (Registration and Protection) Act, 1999
  9. Section 16 of Geographical Indications of Goods (Registration and Protection) Act, 1999
  10. Section 18 of Geographical Indications of Goods (Registration and Protection) Act, 1995
  11. Section 9 of Geographical Indications of Goods (Registration and Protection) Act, 1999
  12. Section 21 of Geographical Indications of Goods (Registration and Protection) Act, 1999
  13. Section 22 of Geographical Indications of Goods (Registration and Protection) Act, 1999
  14. Section 20(2) of Geographical Indications of Goods (Registration and Protection) Act, 1999
  15. Section 23 of Geographical Indications of Goods (Registration and Protection) Act, 1999
  16. Section 24 of Geographical Indications of Goods (Registration and Protection) Act, 1999
  17. Section 39 of Geographical Indications of Goods (Registration and Protection) Act, 1999
  18. 1 2 Section 41 of Geographical Indications of Goods (Registration and Protection) Act, 1999