Geographical Indication Registration
Geographical Indication Registration
Consumers sometimes associate the quality or characteristics of a product based on the place of origin of the product. For instance, silk sarees from Kancheepuram have certain distinct characteristics, resulting in the region specialising in the product, which leads to identifying such products as origination from a particular region, which over time has become by itself a global brand. With the products from certain regions being uniquely identified and commanding premium values, it is important to safeguard the brand and interest of the producers from counterfeiters. This has led to the concept of geographical indication registration.
Geographical Indications of Goods Act, 1999
To protect geographical indications, India enacted the Geographical Indications of Goods Act, 1999. The Act provides a framework for registration of a geographical indication, protects the interest of producers of certain goods, prevents unauthorised persons from misusing geographical indications and protects consumers from deception.
Popular Registered Geographical Indications
Some of the well known geographical indications registered in India are:
- Pochampally Ikat (Andhra Pradesh)
- Chanderi Saree (Guna, Madhya Pradesh)
- Kotpad Handloom fabric (Koraput, Orissa)
- Kancheepuram Silk (Tamil Nadu)
- Bhavani Jamakkalam (Erode, Tamil Nadu)
- Mysore Agarbathi (Mysore, Karnataka)
- Solapur Terry Towel (Maharashtra)
- Mysore Silk (Karnataka)
- Kullu Shawl (Himachal Pradesh)
- Kangra Tea (Himachal Pradesh)
- Coorg Orange (Karnataka)
- Mysore Sandalwood oil (Karnataka)
- Mysore Sandal soap(Karnataka)
- Channapatna Toys (Karnataka)
- Coimbatore Wet Grinder (Tamil Nadu)
- Orissa Ikat (Orissa)
Geographical Indication Registration
Unlike a trademark registration or copyright registration, individual, corporate entities and private parties cannot apply for a geographical indication. Geographical indication registration can be applied for only by any association of persons or producers or any organisation or authority established for representing the interest of the producers of the concerned goods. The applicant has to be a legal entity and should be representing the interest of producers of the good applied for. Hence, the applicant for geographical indication cannot be an individual representing an association of persons or producer.
All Geographical Indication filings must be done at the Geographical Indications Registry, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai – 600032. The Geographical Indications Registry at Chennai has jurisdiction all over-India and all applications have to be filed in Chennai.
Application for geographical indication registration should be signed by a person nominated as an authorised signatory by an association of persons or producer. The capacity in which the individual is signing the document on behalf of the persons should be mentioned in the application.
Reasons to Register Geographical Indication
A geographical indication registered under the Geographical Indications of Goods Act, 1999 is protected and infringement on a geographical indication is an offence punishable with imprisonment or fine or both. Some of the offences under the Act include:
- Falsifying a Geographical Indication
- Falsely applying a Geographical Indication
- Improperly describing a place of business as connected with the Geographical Indication
To contact a Lawyer for trademark registration or Geographical Indication registration, visit IndiaFilings.com
