Documente Academic
Documente Profesional
Documente Cultură
) DEGREE COURSE
GEOGRAPHICAL INDICATIONS
PAPER-2
SOCIOLOGY-II
CODE-HAAG
DATE OF SUBMISSION
09/04/2016
SUBMITTED TO
Dr. Hemalatha Bhat
(Assistant Professor in Sociology)
SUBMITTED BY
Vasishtan Prabhu
I, B.A., LL.B. (Hons.)
Tamil Nadu National Law School
Registration Number: BA0150049
E-mail: vasishtan98@gmail.com
Cell: +91 94877 44520
MARKS AWARDED:
DECLARATION
I,
Vasishtan
Prabhu,
do
hereby
declare
that
the
project
entitled
IN TAMIL
DATE: 19/03/2015
PLACE: TIRUCHIRAPPALLI
(VASISHTAN PRABHU)
ACKNOWNLEDGMENT
Finally, I thank the Almighty who gave me the courage and stamina to
confront all hurdles during the making of this project. Words arent sufficient to
acknowledge the tremendous contributions of various people involved in this
project, as I know Words are Poor Comforters. I once again wholeheartedly and
earnestly thank all the people who were involved directly or indirectly during this
project making which helped me to come out with flying colours.
RESEARCH METHODOLGY
The research methodology used in this project is analytical and descriptive. Data
has been collected from various books, materials, papers and web sources.
This project is based on Non-Doctrinal method of research. This project has been
done after thorough research based on intrinsic and extrinsic aspects of project.
GEOGRAPHICAL INDICATIONS
A RESEARCH ON GIs IN TAMIL NADU
4
INTRODUCTION
In todays world, we do a lot of commercial business and trade to support our living and
thats where how we earn our bread. But not all trade and commerce go into one category.
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Somewhere between these trading processes and crave to earn more, we lost a thought to think
why do we even trade. Our situations we run at have pushed us to a delusion, that all these trade
and commerce we do are in the sole aim for the purpose to earn money. Definitely not. Some
people still do exist who trade products so that they can possess originality on that product and to
not let the force of todays rush to eliminate from this society and make it extinct and to protect
the traditionalism over the product.
These products that gets restricted to one geographical location or its traditionalism is
subjected to be more worthier to that one specific location to others often are marked with a
Geographical Indication tag. Products with the aforesaid tag carry a sense of indigenousness and
a status of pride apportioned just for that product alone.
To carry a gratification over the product, and show the world that a product belongs to us
and take immense pleasure and pride from it, we often tend to register a Geographical Indication
tag to the products we really deserve to possess.
This research piece will widely, if not all, but to some extent, will discuss about the
Geographical Indication Tags, that Tamil Nadu, a state in India possess on its products, and do
give a glimpse about what really a Geographical Indication in general is, and how the process of
it is done chronologically.
GEOGRAPHICAL INDICATION
DEFINITION:
1 http://www.wipo.int/geo_indications/en/
2 https://www.wto.org/english/tratop_e/trips_e/gi_background_e.htm
3 http://www.teriin.org/div/briefing_paper_GI.pdf
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A geographical indication right enables the holder or a specific company that reserves the
right, to use the indication to avoid or prevent it from getting used by a third party company or
person whose product does not adhere to the pertinent or the applicable grades, degree or the
standards.
However, a protected geographical indication does not enable the holder to prevent
someone from making a product using the same techniques as those set out in the standards for
that indication. Protection for a geographical indication is usually obtained by acquiring a right
over the sign that constitutes the indication.4
HISTORY:
The concept of geographical indication has its origin in 19th century Europe and has
considerably evolved since then. The current international framework is laid down in Article 22
of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement which mandates
member countries to provide for the protection of all GIs, where the obligation is for members to
provide the legal means for interested parties to secure protection of their GIs. The TRIPS
defines GIs 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 geographical origin (Article 22).
Under Article 22, the scope of protection is composed of three aspects:
1.
2.
3.
Protection against the use of indications that mislead the public or are deceptive;
Protection against the use of indications in a manner that are acts of unfair competition;
Refusal or invalidation of trademarks that contain or consist of indications, where it may
mislead the public. 7
Article 22.2.a prohibits the use of indications (words, phrases, images or symbols) that
will mislead/ deceive the public about the goods geographical origin. Article 22.2.b prohibits
any use of GI that constitutes an act of unfair competition as defined in Article 10bis of the Paris
Convention. The language of Article 10bis indicates that in order to prohibit such acts as acts of
unfair competition, it has to be established that their use is misleading or will create confusion to
the public, and that damages result or there is likelihood of damages resulting from such use of
GI. As per Article 22.3 of TRIPS, registration of GI as trademarks shall be refused or invalidated
at the request of an interested party, if their use is likely to mislead the public as to the true place
of origin. Most countries including developing countries disallow the registration of geographical
names as trademarks, unless these have attained secondary meaning.8
7 http://www.teriin.org/div/briefing_paper_GI.pdf
10
The TRIPS Agreement provides for two levels of protection for GI. What Article 22
provides is the basic level or a minimum standard of protection whereby all GI must be offered
protection against use which would deceive the public or constitute an act of unfair competition.
The second kind of protection, in Article 23, is a higher standard of protection specifically for
wines and spirits. This article confers protection on GIs on wines and spirits per se or in absolute
terms, without requiring any test of confusion or likelihood of deception to be met. In the special
case of wines and spirits, Article 23.1 of TRIPS prohibits the use of translations of GI or
attachment of expressions such as kind, type, style, imitation to products not originating
from the place indicated, even where the true origin is clearly indicated.9
The Legal framework in India As a party to the TRIPS Agreement, India is required to
protect GI and hence in order to fulfill that obligation, the Geographical Indications of Goods
(Registration and Protection) Act, 1999 was enacted. It may also be noted that India felt that
some of its products have high potential to benefit from GI registration and it was necessary to
put in place a comprehensive legislation for registration and for providing adequate protection
for GI. For unless a geographical indication is protected in the country of its origin, there is no
requirement under the TRIPS Agreement for other countries to extend reciprocal protection.
1. Confers legal protection to GI in India;
2. Prevents unauthorized use of a registered geographical indication by others;
3. Enables seeking legal protection in other WTO member countries.10
8 The Protection of Geographical Indications in India: Issues and Challenges. Page 3; under the history
of IR in India
9 The Protection of Geographical Indications in India: Issues and Challenges. Page 3; under the history
of IR in India
10 http://www.teriin.org/div/briefing_paper_GI.pdf
11
From the perspective of a developing country, one of the best features of the Indian Act is
the comprehensive definition given of GI, whereby agricultural, natural and manufactured goods
all come under the ambit of GI. This is especially important in the Indian context considering the
wide variety of goods that is deserving of protection ranging from agricultural products like
Basmati, Darjeeling tea to manufactured goods such as Banrasi sari, Kolhapure chappals,
Chanderi silk etc. Section 11of the Act provides that any association of persons, producers,
organization or authority established by or under the law can apply for registration of a GI.
Another important aspect of the Act is the possibility of protecting a GI indefinitely by renewing
the registration when it expires after a period of ten years. In the domestic context, the Indian Act
has tried to extend the additional protection reserved for wines and spirits mandated by TRIPS to
include goods of national interest on a case to case basis. Section 22.2 of the Act endows the
Central Government with the authority to give additional protection to certain goods or classes of
goods. This is especially important in the developing country context considering that we may
not have wines and spirits to protect like the West but other exotic niche products like teas, rice
etc. Section 25 of the Act, by prohibiting the registration of a GI as a trademark, tries to prevent
appropriation of a public property in the nature of a geographical indication by an individual as a
trademark, leading to confusion in the market. Also, according to section 24 of the Act, a GI
cannot be assigned or transmitted. The Act recognizes that a GI is a public property belonging to
the producers of the goods concerned; as such it cannot be the subject matter of assignment,
transmission, licensing, pledge, mortgage or any contract for transferring the ownership or
possession.11
11 http://www.teriin.org/div/briefing_paper_GI.pdf
12
12 http://www.wipo.int/geo_indications/en/faq_geographicalindications.html
13 http://www.wipo.int/geo_indications/en/faq_geographicalindications.html
13
AN indication must qualify as a geographical indication under the applicable law and not
be subject to any problem in registering a geographical indication (GI). Usually, a vital
requirement under the classification is that the high-quality product identified by the GI should
have a link to the geographical origin. This link may be decided upon a quality under conditions,
reputation or other attribute basically due to the geographical origin. In many a jurisdiction, a
single norm identifiable to geographical origin is adequate enough, be it a quality or other feature
or the quality of the product, or just its reputation.14
CLASSIFICATION OF GOODS
Goods and products that need to be applied with the Geographical Indication Tag, should
fall under these below mentioned categories of classification in order to get qualified to get that
tag.
Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry;
unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions;
tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning
substances; adhesive used in industry.
Class 2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of
wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters;
decorators; printers and artists.
Class 3. Bleaching preparations and other substances for laundry use; cleaning; polishing;
scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions,
dentifrices.
Class 4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding
compositions; fuels(including motor spirit) and illuminants; candles, wicks.
Class 5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for
medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental
wax; disinfectants; preparation for destroying vermin; fungicides, herbicides.
Class 6. Common metals and their alloys; metal building materials; transportable buildings of
metal; materials of metal for railway tracks; non-electric cables and wires of common metal;
ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common
metal not included in other classes; ores.
15
Class 7. Machines and machine tools; motors and engines (except for land vehicles); machine
coupling and transmission components (except for land vehicles); agricultural implements other
than hand-operated; incubators for eggs.16
Class 8. Hand tools and implements (hand-operated); cutlery; side arms; razors.
Class 9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical,
weighing, measuring, signaling, checking (supervision), life saving and teaching apparatus and
instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic
data carriers, recording discs; automatic vending machines and mechanisms for coin-operated
apparatus; cash registers, calculating machines, data processing equipment and computers; fire
extinguishing apparatus.
Class 10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs,
eyes and teeth; orthopaedic articles; suture materials.
Class 11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying
ventilating, water supply and sanitary purposes.
16 http://ipindia.nic.in/girindia/
16
furniture); instructional and teaching material (except apparatus); plastic materials for packaging
(not included in other classes); playing cards; printers' type; printing blocks.
Class 17. Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and
not included in other classes; plastics in extruded form for use in manufacture; packing, stopping
and insulating materials; flexible pipes, not of metal.
Class 18. Leather and imitations of leather, and goods made of these materials and not included
in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking
sticks; whips, harness and saddler.
Class 19. Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt,
pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20. Furniture, mirrors, picture frames; goods(not included in other classes) of wood,
cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl,
meerschaum and substitutes for all these materials, or of plastics.
Class 21. Household or kitchen utensils and containers(not of precious metal or coated
therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles
for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in
building); glassware, porcelain and earthenware not included in other classes.
Class 22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in
other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile
materials.
Class 27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing
floors; wall hangings(non-textile). 17
Class 28. Games and playthings, gymnastic and sporting articles not included in other classes;
decorations for Christmas trees.
Class 29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and
vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
Class 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations
made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder;
salt, mustard; vinegar, sauces, (condiments); spices; ice.
Class 31. Agricultural, horticultural and forestry products and grains not included in other
classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for
animals, malt.
Class 32. Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and
fruit juices; syrups and other preparations for making beverages.
17 http://ipindia.nic.in/girindia/
18
PROCEDURE TO APPLY
made in the
II.FEES:
1. Fees may be paid in cash or sent by money order or by a bank draft or by a cheque.
2. Bank Drafts or cheques shall be crossed and be made payable to the Registrar at the
appropriate office of the Geographical Indication Registry.
3. It should be drawn by a scheduled bank at the place where the appropriate office of the
Geographical Indications Registry is situated.
4. Where a document is field without fee or with insufficient fee such document shall be deemed
to have not been filed.
III.SIZES:
1.
2.
It should in large and legible characters with deep permanent ink upon strong papers on
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3. The size should be a approximately 33 cms by 20 cms and shall have on the left and part
thereof a margin of not less than 4 centimeters.
In case of;
20
VI. CONVENTION
APPLICATION
SHOULD
CONTAIN
THE
FOLLOWING:
1.
The particulars of the geographical indication, the country and the date or dates of filing of
The application must be the applicants first application in a convention country for the
The application must include a statement indicating the filing date of the foreign
application, the convention country where it was filed, the serial number, if available.
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5.
A statement containing such particulars of the producers of the concerned goods proposed
to be initially resisted. Including a collective reference to all the producers of the goods in
respect of which the application is made.
6.
The statement contained in the application shall also include the following:
1. An affidavit as to how the applicant claim to represent the interest of the
association of persons or producers or any organization or authority
established under any law.
2. The standards benchmark for the use of the geographical indication or the
industry standard as regards the production, exploitation, making or
manufacture of the goods having specific quality, reputation or other
characteristic of such goods that is essentially attributable to its geographical
origin with the detailed description of the human creativity involved, if any or
other characteristic;
3. The particulars of the mechanism to ensure that the standards, quality,
integrity and consistency or other special characteristic are maintained by the
producers, or manufacturers of the goods.
4. Three certified copies of the map of the territory, region or locality;
5. The particulars of special human skill involved or the uniqueness of the
geographical environment or other inherent characteristics associated with
the geographical indication.
6. The full name and address of the association of persons or organization or
authority representing the interest of the producers of the concerned goods;
7. Particulars of the inspection structure ;
22
18 http://ipindia.nic.in/girindia/
19 http://www.livemint.com/Politics/PYnv3hj6iR5aZ8XLjfgd7H/Tamil-Nadu-leads-inensuring-GI-protection-in-India.html
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24
25
26
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NO.
GEOGRAPHICAL INDICATION
TYPE
Salem Fabric
Handicraft
Kancheepuram Silk
Handicraft
Bhavani Jamakkalam
Handicraft
Madurai Sungudi
Handicraft
Manufactured
Thanjavur Paintings
Handicraft
Handicraft
Handicraft
E. I. Leather
Manufactured
10
Salem silk
Handicraft
11
Handicraft
12
Arani Silk
Handicraft
13
Handicraft
14
Agricultural
15
Thanjavur Doll
Handicraft
16
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Agricultural
Once upon a time there was a master weaver named Sage Markanda who used to weave
for Gods. He even wove a tissue from the petals of the lotus flower. He knew the most favorite
fabric of all Gods he knew Lord Shiva liked cotton and Lord Vishnu liked silk. His expertise
was passed on to his descendents which are now considered as Kanchi Silk Weavers.
Thats the story of origin of Kanchipuram Silk Sarees. Those Kanchi Silk Weavers are
considered to be the ones behind the existence of this kind of Sarees. Kanchipuram Silk
Sarees arent normal but are hand-woven in the town named Kanchipuram in India. The land of
Kanchipuram is known as the temple city or the city of thousand temples.
According to the History, the city Kanchipuram came into popularity 400 years back
when two weaving communities the Saligars and the Devangas migrated to the city from a
neighboring state. These two communities were already popular for their silk weaving skills and
silk was really very popular in this town and gradually Kanchipuram became the mother.
In south India, these sarees are considered very special. Being an integral part of South
Indian weddings,Kanchipuram Sarees hold a luxurious status. The sarees are considered special
for their superior and rare color combinations. These sarees cost anywhere between Rs. 2500
Rs. 1,00,000 depending upon the kind of work that goes into the saree.
These sarees are hand woven from pure mulberry silk thread. The native industries of
Kanchipuram are only into manufacturing the sarees not the raw material. The main raw
materials that go into Kanchipuram Sarees are mulberry silk threads, metallic threads (Zari)
and dyes.
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The Kanchipuram Sarees usually have three parts body, border and pallu. Three
shuttles i.e. three single threads of silk yarn and zari are used to weave a Kanchipuram Saree.
One more unique thing about these sarees is that the design of border and body are good.20
colour is obtained from the boiling blue milk along with Gall nut. The next step in let them
drying the weaving is done in pit loom (hand loom by throw shuttle.21
Wet Grinder cluster had developed as a natural cluster. This cluster is not available
anywhere else in the world. In 1955, Mr. Sabapathy and others invented the Mechanical Wet
Grinder. Then many units in Coimbatore district had started manufacturing mechanical Wet
Grinders.
The Wet grinders and their parts are manufactured only in Coimbatore and not anywhere
else in India The suitable grinding stones are available only in Coimbatore District. COWMA
proposed to establish a standard common laboratory for the quality control jointly with Small
Industries Service Institute
Wet grinders that are made in Coimbatore are being exported to over a hundred countries
and the engine parts are being exported to over a 125 countries and all the countries see a
massive business and transaction from this place.22
There are 10 types of Grinder machines that are made in Coimbatore. They are;
1.
2.
3.
4.
5.
6.
7.
21 http://ipindiaservices.gov.in/GI_DOC/16/16%20-%20Form%20GI-1%20-%2025-102004.pdf
22 http://ipindiaservices.gov.in/GI_DOC/26/26%20-%20Form%20GI-1%20-%2014-032005.pdf
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MADURAI MALLI:
Madurai Malli includes the local varieties which are called in the local names viz.,
Gundu Malli, Namma Ooru Malli, Ambu Malli, Ramabanam, Madhanabanam, Iruvatchi,
Iruvatchippoo, Kasthuri Malli, Oosi Malli and Single Mogra. Shape of Madurai Malli buds
ranges from round to oblong with short to medium long corolla tube having three to four whorls
of petals.
Madurai Malli growers, flower knitters and the women who wearing Madurai Malli claim
that the Madurai Malli has specialised characters like deep fragrance, thick petals, lengthiest
petiole, delayed opening of buds, delayed petal discolouration and keeping quality (long shelf
life). The special characters of Madurai Malli enable vendors to preserve the flower under
freezing condition for more than two days which is impossible with the Jasmine flowers
(Malligai) of same variety (J. sambac) cultivated in other parts of the state.
Madurai Malli
flowers can be knitted easily by anybody with little practice because of their sturdiness and long
floral stalk.
Madurai Malli differs from other jasmine flowers (Malligai) in the pattern of
transformation of petal colours from the harvest to utilisation. The colour of Madurai Malli is
some what greenish white when it was collected from the plant. After few hours probably at
noon, the colour will turn into milky white and turn into shiny creamy white during the evening.
So the whiteness of the flower will not turn into brown even after 24 hours if it is not touched or
handled by us. It is believed that the above said special characters may be due to its special
23 http://www.smithy.com/machining-handbook/chapter-8/page/3
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physical and physiological features acquired from special geographical features of in the districts
viz., Madurai, Virudhunagar, Theni, Dindigul and Sivagangai.24
Tanjore Dancing Doll / Thanjavur Dancing Doll is one of the old, traditional, world
famous Indian cultural Doll purely handmade doll with paper mache, wax / Lae , plaster of
paris/cement, coloring agents,Clay, Cardboard. In Tamil language it is called as Thanjavur
thalayatti bommai originated during 19th Century under King Sarabojis reign.It has been given
Geographical Indicator status by Government of India for its origin in culture rich Thanjavur.
This type of doll will welcomes you by shaking its head and its body like oscillating
head. It will look like the girl is dancing.Its welcomes you by shaking its head and body like
continuous oscillating. The beautiful movement of the dolls head adds to its uniqueness. It is one
of the unique traditional arts of Thanjavur . It is unique and only available in our Thanjavur/
Tanjore district. A tanjore doll is a type of traditional Indian bobblehead or roly-poly toy made
of terracotta material.
Its centre of gravity and total weight is concentrated at its bottom-most central core all
the time so as to present a dance-like continuous movement with slow-damping oscillations.
Hence it comes back to its normal seating position automatically after being tilted/disturbed
anyway. Round-bottomed toys are unique, but other standing types are available too.
Traditionally these toys are handmade and their exteriors are painted to an intrinsic sense of
humour. Nowadays, they are also being made in plastics.25
24 http://www.dhan.org/development-matters/2013/02/fragrance-of-madurai/
25 http://www.mythanjavur.com/things-to-buy/thanjavur-dancing-dolls/
33
CONCLUSION
In India Geographical signs were represented by regular law standards before the
authorization of the Geographical signs of Goods (Registration and Protection) Act, 1999.
Preceding this, Indian Judiciary, without any enactment, connected the guideline of going off to
ensure Geographical signs.
The wonders of Globalization and expanding advancement of shoppers has prompted an
uplifted craving for great wines, spirits and nourishment items that get their exceptional
attributes from the geological locale from which they start. Land signs can expand the
attractiveness and estimation of any number of shopper merchandise which incorporate
everything from materials to nourishment items.
Because of its monetary significance, there has been developing worry about the security
of geological sign which at last brought about the TRIPs Agreement. As a result of the expansive
number of signatories, the selection of TRIPs spoke to an essential stride forward for the
insurance of Geographical sign around the world, in this way making TRIPs a genuine turning
point in this appreciation.
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