File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Geographical Indication

  1. What Do You Mean By Geographical Indication?

    Answer: Geographical indications mean 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.

    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 following geographical indications are prohibited from registration under section 9 of the act:

    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.
       
  2. Difference Between Appellant Of Origin & Indication Of Source?

    Answer: Appellant Of Origin (AOC) is a French system of appellation classification that was established in the 1930's. The wines that fall under the AOC category are entitled to use the designation AOC on their label as a symbol of distinguished quality in terms of adherence to appellation labeling laws.

    AOC is also considered to be the wine world's appellation prototype, and in order to qualify as an AOC wine, a wine must strictly follow its prescribed guidelines. Listings of foreign appellations of origin will be updated when we are officially notified of an addition or amendment by an authorized representative of the foreign government.

    Indication Of Source  (IOS) is a French certification granted to certain wines that are grown and produced in specific French geographical areas. They  are used by several manufacturers in a particular region and are therefore not the property of an individual. In general, a producer or service provider does not require authorisation to use an indication of source, provided that they can prove that the goods or services in question actually come from the geographical area in question.

    If companies, for example, want to advertise their products as being of Swiss origin, they just need to fulfil the legally defined criteria for determining origin. Indications of source may not be deceptive. This means that, for example, a Swiss importer of Italian apples may not indicate that the apples come from Switzerland. The clear rules on the use of Swiss indications of source help to prevent misuse and maintain the long-term value of the indications.

    Registering a protected geographical indication (PGI) or a protected designation of origin (PDO) gives the producer greater legal certainty and contributes to their economic survival. PGIs and PDOs may also be registered as geographical marks. This simplifies enforcing protection of the designation in Switzerland and abroad.
     
  3. Difference Between Production And Manufacturing?

    Answer: Manufacturing and Production, are the two terms related to conversion of raw materials into finished products. But, Have you ever wondered, what makes them different. Manufacturing is the process of transforming raw materials into ready goods, with the help of machinery. On the other hand, production alludes to the processes or methods, that converts inputs like raw material or semi finished goods, to make finished product or services, which may or may not use machinery.

    Manufacturing is a process that involves making something that uses raw material as input, whereas Production may or may not include raw material as input. We can also say that manufacturing is production, but production is not merely manufacturing. Take a read of this handout and clear all your doubts, with respect to the difference between manufacturing and production.
    1. When the raw material is used as input to produce goods with the use of machinery is known as a Manufacturing. The process of transforming resources into finished products is known as Production.
       
    2. Manufacturing consists of the generation of all those goods that are suitable for use or it can be sold out. Conversely, production involves the creation of the utility.
       
    3. In manufacturing, the use of machinery is a must whereas production can be done with or without the use of machinery.
       
    4. All types of manufacturing activities are used in production, but production may not necessarily be known as manufacturing.
       
    5. In manufacturing, the output generated will be tangible in nature, i.e. goods only, but in the case of production it produces both tangible and intangible outputs, i.e. goods as well as services.
       
    6. Men-machine setup should be there for manufacturing of goods, which is not in the case of production, the only man is sufficient for producing output.
Example- India can manufacture aircrafts but in India aircrafts are not produced because production cost of an aircraft in India is much higher than other nations. So, it's better to buy it from other nation which has aircraft production unit as it will be much cheaper even after including import taxes.

Question 2-

What Do You Understand By Homonymous Geographical Indication. Give Atleast Two Examples Of Homonymous Geographical Indication.

Answer: Homonymous geographical indications (GI) are those that are spelled or pronounced alike, but which identify products originating in different places, usually in different countries. In principle, these indications should coexist, but such coexistence may be subject to certain conditions. For example, it may be required that they be used only together with additional information as to the origin of the product in order to prevent consumers from being misled. A GI may be refused protection if, due to the existence of another homonymous indication, its use would be considered potentially misleading to consumers with regard to the product's true origin.

For example, it may be required that they be used only together with additional information as to the origin of the product in order to prevent consumers from being misled. A GI may be refused protection if, due to the existence of another homonymous indication, its use would be considered potentially misleading to consumers with regard to the product's true origin.

The term GI has been defined as Geographical Indications, in relation to goods, means 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 characteristics 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.

Question 3:

List The Names Of 10 Geographical Indication With The Name Of Place Where They Are Registered?

Geographical Indication

Geographical Indication Type State
Darjeeling Tea Agricultural West Bengal
Bhagalpur Silk Handicraft Bihar
Kathputli Of Rajalthan Handicraft Rajasthan
Firozabad Glass (Word Mark) Handicraft Uttarpradesh
Kannauj Perfume Manufactured Uttarpradesh
Moradabad Metal Craft Handicraft Uttarpradesh
Nasik Grapes Agriculture Maharashtra
Agra Durrie Handicraft Uttarpradesh
Kullu Shawl Textile Himanchal Pradesh
Nagpur Orange Agriculture Maharashtra

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Constitution of India-Freedom of speech ...

Titile

Explain The Right To Freedom of Speech and Expression Under The Article 19 With The Help of Dec...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly