GEORGRAPHICAL INDICATIONS OF GOODS – A GIST

[Mr. M. GOVINDARAJAN]

Introduction

The Geographical Indications of Goods (Registration and Protection) Act, 1999 was passed by the Parliament during December 1999.   This Act seeks to provide for the registration and better protection of geographical indication relating to goods in India.  The Act would be administered by the Controller General of Patents/Designs and Trade Marks who is the Registrar of Geographical Indication.

Geographical indication

Geographic indication is an indication.   It originates from a definite geographic territory.   It is used to identify agricultural, natural or manufactured goods.   The manufactured goods should be produced or processed in the territory and it should have a special quality or reputation or other characteristics.   Example for this is ‘Basmati rice’, ‘Kanchipuram Silk Saree’, ‘Alphanso Mango’, ‘Darjeeling Tea’.

Registration

Any association of persons, producers, organization or authority established by or under the law can apply for registration under this act.   The applicant must represent the interest of the producers.   The application should be in writing in the prescribed from.  The application should be addressed to Registrar of Geographical Indications along with prescribed fee.  On registration the name would be entered in the Register of Geographical Indication as registered proprietor for the geographical indication applied for.

The registration of geographical indications gives the following benefits:

• It confers legal protection to geographical indications in India;
• It prevents unauthorized use of a Registered Geographical Indication by others;
• It provides legal protection to Indian Geographical Indications which in turn boost exports.
• It promotes economic prosperity of producers of goods produced in a geographical territory.

Registration is not compulsory.  But registration affords better legal protection to facilitate an action for infringement.  The registered proprietor and authorized users can initiate infringement actions.  The authorized users can exercise the exclusive right to use the geographical indication.

The registration of a geographical indication is valid for a period of 10 years.   It can be renewed from time to time for further period of 10 years each.   If a registered geographical indication is not renewed it is liable to be removed from the register.

Producer

The persons dealing with three categories of goods are covered under the term ‘producer’-

• Agricultural Goods includes the production, processing, trading or dealing;
• Natural goods includes exploring, trading or dealing;
• Handicrafts or Industrial goods include making, manufacturing, trading or dealing.

Authorized user

A producer of goods can apply for registration as authorized user.   It must be in respect of a registered geographical indication.   He should apply in writing in the prescribed form along with the prescribed fee.  An authorized user has the exclusive rights to the use of geographical indication in relation to goods in respect of which is registered.

Infringement

A registered Geographical Indication is said to be infringed-

• When an unauthorized user uses a geographical indication that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which mislead the public as to the geographical indication of such goods;
• When the use of geographical indication result in an unfair competition including passing off in respect of registered geographical indication;
• When the use of another geographical indication results in false representation to the public that goods originate in a territory in respect of which a registered geographical indication relates.

The registered proprietor or authorized user of a registered geographical indication can initiate an infringement action.

Assignment

A geographical indication is a public property belonging to the producers of the concerned goods.   Therefore it shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement.  However when an authorized user dies, his right devolves on his successors in title.

Removal from register

The Appellate Board or the Registrar of Geographical Indications has the power to remove the geographical indication or an authorized user from the register.   Further on application by an aggrieved person action can be taken.

Geographical indication and trade mark

A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises.   Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.