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Geographical
indications means any indications which define
the goods as originating in the territory of a country or a region
or
locality in that territory, provided a given quality reputation or
other
characteristics of the product are attributable to its
geographical origin. this means that the geographical indications has to
indicate that
a product of a particular origin has a certain quality or
reputation or
some other characteristics, which is essentially attributable to
its
geographical origin.
Geographical indications are, for purposes of the TRIPS Agreement,
a
type of intellectual property ("IP"). "Geographical Indications,"
("GIs") are defined, under Article 22(1) of the TRIPS Agreement,
as
"indications which identify a good as originating in the territory
of a
Member, or a region or locality in that territory, where a given
quality, reputation or other characteristic of the good is
essentially
attributable to its geographic origin." Geographical indications
are
valuable to producers from particular regions for the same reasons
that
trademarks are valuable. First, they are
source ;identifiers; they identify goods as
originating in a particular territory, or a region or locality in
that
territory. Geographical indications are also indicators of
quality they let consumers know that the goods come
from
an area where a given quality, reputation or other characteristic
of
the goods is essentially attributable to their geographic origin.
In
addition, GIs are business interests ? GIs exist solely to promote
the
goods of a particular area. Finally, for purpose of the TRIPS
Agreement, GIs are intellectual property, eligible for relief from
acts
of infringement and/or unfair competition.
Geographical indications are used to indicate the regional origin
of
particular goods, whether they are agricultural products or
manufactured goods ; provided that those goods derive their
particular characteristics from their geographic origin. Any
producer
who meets the standards set by the GI owner can use a GI. In the
United
States, the owner of a GI can be any legal entity be it a
government, an
association of producers, or even an individual.
The registration of geographical indications confers certain
rights on
the registered proprietor and the authorized user and they can
institute
suit for infringements of geographical indications.
In India some of the examples of geographical indications are :
# Basmati Rice
# Darjeeling Tea
# Kanchipuram Silk Saree
# Alphanso Mango
# Nagpur Orange
# Kolhapuri Chappal
# Bikaneri Bhujia
# Agra Petha
# malabar pepper
Controversy regarding geographical indications arises when names
that
are protected in one region have a common usage in another. For
example,
products such as Dijon mustard, Feta cheese, or Basmati rice may
be
viewed as having obtained a generic status in the marketplace.
Thus,
some may claim that these names should not belong exclusively to a
specific group of producers in a specific geographic location as
consumers expect these names to identify a class of product that
can be
produced in one of many locations. On the other hand, others argue
that
the products associated with the name have a certain quality that
derives from the geographic region and specific production process
used.
Thus, the protection of the name helps prevent the development of
a
generic association thereby preserving the ability of the product
to be
made in the traditional manner. If a geographical term is used as
the
designation of a kind of product, rather than an indication of the
place
of origin of that product, this term does no longer function as a
geographical indication. Where that has occurred in a certain
country
over a substantial period of time, that country may recognize that
consumers have come to understand a geographical term that once
stood
for the origin of the product - for example, "Dijon Mustard," a
style of
mustard originally from the French town of Dijon - to denote now a
certain kind of mustard, regardless of its place of production.
Champagne, Florida Oranges, Prosciutto di Parma, and New Zealand
Lamb.
While most often used on food products, geographical indications
can be
used to identify any product (e.g., Czech crystal, Swiss watches,
Indian
carpets. other examples of geographical indications internationally
are :Camembert cheese, from camembert, a village in Normandy,
France .Champagne, an effervescent wine usually white in colour and made in
champagne a former province in north eastern France. parmesan, a
variety
of cheese originally from Parma in Italy. A trademark is a sign
used by
an enterprise to distinguish its goods and services from those of
other
enterprises. It gives its owner the right to exclude others from
using
the trademark. A geographical indication tells consumers that a
product
is produced in a certain place and has certain characteristics
that are
due to that place of production. It may be used by all producers
who
make their products in the place designated by a geographical
indication
and whose products share typical qualities.
In India geographical indications are protected and governed by
the
geographical indications of goods (registration and protection)
act
1999.
Under the geographical indications of goods (registration and
protection) act 1999 an application can be made for registering a
geographical indication by an association of persons or producers
or any
organization or authority representing the interests of the
producers of
the goods concerned under section 11 of the act.
The application must contain :
1. a statement of how the geographical indication serves to
designate
the goods as originating from the concerned territory in respect
of the
quality, reputation or other characteristics which are due
exclusively
or essentially to the geographical environment, with its inherent
natural, and human factors and the production or processing or
preparation of which takes place in such territory or region or
locality.
2. the class of goods to which the geographical indication shall apply.
3.the geographical map of the territory of the country or region or locality in the country in which thegoods originate or are being manufactured;
4.the particulars regarding the appearance of the geographical indication as to whether it is comprised of the
words or figurative elements or both;
5. a statement containing such particulars of the producers of the concerned goods, if any, proposed to be
initially registered with the registration of the geographical
indication as may be prescribed; andsuch other particulars as may be prescribed.
After an application for registration is accepted by the registrar
and
if there has been an opposition which is dismissed the
geographical indication shall be registered.
The registration of a geographical indications shall if
valid, give
to
the registered proprietor and the authorized user or users the
right to
obtain relief in respect of its infringements and to the
authorized
user the exclusive rights to the use of the geographical
indication in
relation to the goods in respect of which it is registered. For an unregistered geographical indication only an action of
passing
off can be taken.
The following geographical indications are prohibited from
registration
under section 9 of the act:
A geographical indication
1. the use of which would be likely to deceive or cause confusion;
2. the use of which would be contrary to any law for the time
being in
force ;
3. which comprises or contains scandalous or obscene matter;
4. which comprises or contains any matter likely to hurt the
religious
susceptibilities of any class or citizens of India.
5. which would be disentitled to protection to protection in the
court
of law.
6. which are determined to be generic names or indications of
goods and
are, therefore, not or ceased to be protected in their country of
origin, or which have fallen into disuse in that country;7. which, although literally true as to the territory, region or
locality in which the goods originate, but falsely represent to
the
persons that the goods originate, but falsely represent to the
persons
that the goods originate in another territory, region or locality,
as
the case may be,
shall not be registered as a geographical indication.
Section 18 of the act provides that the registration of a
geographical
indication shall be for a period of 10 years and shall be renewed
for a
period of another 10 years on an application made in the
prescribed
manner and within the prescribed period and subject to the payment
of
the prescribed fees.
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Geographical
Indications
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The
author can be reached at:
aakarshkamra@legalserviceindia.com /
