Geographical indication  

CONTENT

•INTRODUCTION

•OBJECTIVE

•EXAMPLE 

•REGISTRATION OF GI

•BENEFITS OF REGISTRATION OF GI

•GI IN INDIA

•CONDITION TO GET GI

•NECESSITY OF GI

•ORGANIZATION ,CHALLENGES AND VALUE

•CASE STUDY

INTRODUCTION

DEFINITION

A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place.

What is a Geographical Indication?

It is an indication

It originates from a definite geographical territory.

It is used to identify agricultural, natural or manufactured goods

The manufactured goods should be produced or processed or prepared in that territory.

It should have a special quality or reputation or other characteristics

Objectives of Geographical Indication (GI) Tag

The basic motive of the geographical indication Tag is to prevent unauthorized use of a Registered Geographical Indication by others.

The GI provides security to the new or unique goods manufactured or produced by an individual or association of person etc.

Examples of possible Indian Geographical Indications.

Basmati Rice

Darjeeling Tea

Kanchipuram silk saree

Nagpur orange

Kolhapuri chappal

Bikaneri bhujia

Agra petha

Examples of the GI Tag in India

Geographical Indication	Goods	State
1. Darjeeling Tea	Agriculture	West Bengal
2. Aranmulla Kannadi	Handicraft	Kerala
3. Pochampalli Ikat	Handicraft	Telangana
4. Salem Fabric	Handicraft	Tamil Nadu
5. Chnaderi Sarees	Handicraft	Madhya Pradesh
6. Solapur Chaddar	Handicraft	Maharashtra
7. Solapur Terry Towel	Handicraft	Maharashtra
8. Kotpad Handloom fabric	Handicraft	Odisha
9. Mysore Silk	Handicraft	Karnataka

Registration of Geographical Indications

In December 1999, the Parliament had passed the Geographical Indications of Goods (Registration and Protection) Act,1999.

This Act seeks to provide for the registration and better protection of geographical indications 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 Indications.

The Geographical Indications Registry would be located at Chennai. The Act has come into force with effect from 15th September 2003.

 Benefit of registration of geographical indications

It confers legal protection to Geographical Indications in India

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.

a. It prevents duplication of the tagged products so in another way it provides legal protection to Geographical Indications in India.

b. This Tag is given to good quality products so it increases customer satisfaction.

c. The good quality of the products opens the international door for the producers.

d. Increases the revenue of the producers and employment in the region.

Why GI is to be protected ?

Denote quality and origin of products.

Good reputation for the product .

Preventing the product from generic products.

Protecting the domestic market from competitors.

IMPACT OF GIs ON DEVELOPING COUNTRIES

Encourages rural development.

 Facilitates market access.

Saves local natural resources .

Plays an important role in the preservation of cultural identity.

GI IN INDIA

 India, as a member of the World Trade Organization(WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 has come into force with effect from 15 September 2003.

The Central Government of India has established the Geographical Indications Registry with all India jurisdiction in chenna.

The GI Act is being administered by the Controller General of Patents, Designs and Trade Marks ‐ who is the Registrar of Geographical Indications.

CONDITIONS TO GET GI TAG

It relates to a goods, although in some countries, services are also included.

These goods/services must originate from a defined area.

The goods/services must have qualities, reputations or other characteristics which are clearly linked to the geographical origin of goods.

NECESSITY OF GI

•Geographical indications allows producers to obtain market recognition and often a premium price

•Geographical indications have become a key source of niche marketing

 • Geographical indications are also often associated with non-monetary benefits such as the protection of knowledge and community rights.

Organization

One of the 17 specialized agencies of the United Nations created in 1967

Currently has 185 member states and is headquartered in Geneva, Switzerland

To promote the protection of intellectual property throughout the world.

CHALENGES

Low brand value

Lack of awareness of rules & regulations.

rampant misuse of Indian GI

 Immigration of labors.

Why are geographical indications valuable?

GIs are a marketing tool .

Reputation for quality associated with place name used on labels, advertising

GI-identified products are believed to command higher prices Of particular interest to developing countries

 CASE STUDY

 BIOPIRACY CASE STUDY : TURMERIC

In March 1995, two expatriate Indians at the University of Mississippi Medical Centre were granted a US patent for turmeric to be used to heal wounds.

CSIR argued that turmeric has been used for thousands of years for healing wounds and rashes and therefore its medicinal use was not a novel invention.

The CSIR went so far as to present an ancient Sanskrit text and a paper published in 1953 in the Journal of the Indian Medical Association.

It also cancelled several other patent applications pending for turmeric.

The Indian Council for Scientific and Industrial Research (CSIR) filed a case with the US Patent Office challenging the patent on the grounds of “prior art” i.e already existing public knowledge.

The claim had to be backed by written documentation claiming traditional wisdom or knowledge.

The turmeric case was a landmark judgment case as it was for the first time that a patent based on the traditional knowledge of a developing country was successfully challenged.

The US Patent Office upheld the objection and cancelled the patent.

The Indian Council for Scientific and Industrial Research (CSIR) filed a case with the US Patent Office challenging the patent on the grounds of “prior art” i.e already existing public knowledge.

CSIR argued that turmeric has been used for thousands of years for healing wounds and rashes and therefore its medicinal use was not a novel invention.

The claim had to be backed by written documentation claiming traditional wisdom or knowledge.

The CSIR went so far as to present an ancient Sanskrit text and a paper published in 1953 in the Journal of the Indian Medical Association.

The US Patent Office upheld the objection and cancelled the patent.

A CASE STUDY OF BASMATII RICE

•The Geographical Indication Perspective.:-

•In the late 1997, when an American company RiceTec Inc was granted a patent by the US patent office to call the aromatic rice grown outside India “Basmati”, India objected to it.

•As India has been one of the major exporters of Basmati to several countries and such a grant by the US patent office was likely to affect its trade.

•Since Basmati rice is traditionally grown in India and Pakistan, it was opined that granting patent to RiceTec violated the Geographical Indications Act under the TRIPS agreement.

•Eventually, a request for re-examination of this patent was filed on April 28, 2000. Soon after filling the re-examination request, Rice Tec chose to withdraw its claims.