Geographic Indications

Sec G, Group 1

Agenda

Intellectual Property Rights Geographical Indication Advantages of GI Registration Initiative in India Indian Act GI Framework Products under GI Process of applying for GI The Tirupati Laddu Case

Intellectual Property Rights (IPR)

IPR gives the creator exclusive right over the Creation of human mind like technology, designs, literature, et cetera. IPR gives protection to creation of human mind.

Geographical Indication is one form of Intellectual Property

INTELLECTUAL PROPERTY RIGHTS

INDUSTRIAL RIGHTS
COPYRIGHTS & RELATED RIGHTS

PATENTS DESIGNS TRADEMARKS LAYOUT DESIGNS OF ICs TRADE SECRETS

GEOGRAPHICAL INDICATIONS

GEOGRAPHICAL INDICATIONS (GI)

An indication which identifies goods as agricultural goods, natural goods or manufactured goods Originating or manufactured in the territory of a country or a region or locality Where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin

Advantages of GI Registration
Confers legal protection and safeguards against unauthorised use Promotes economic prosperity Assigns a collective form of monopoly right Creates privilege for initiating legal action against infringers Reduces or eliminates unfair competition Conserves the traditional knowledge Tool to promote rural development Tool to preserve local know-how and natural resources

Initiative in India
Indian parliament passed GI Act in 1999 & implemented in 2003 The Geographical Indications (Registration and Protection) Rules, 2002
2 parts, 116 rules, 3 schedules, 10 forms

GI application received: 152 (as on the 31st January 2009) GI Registered: 110 (as on the 31st January 2009)

Indian GI Act Framework

GIs can be granted to an individual, a family, a partnership, a corporation, a voluntary association etc or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods. GIs protect and reward traditions while allowing for products to evolve over time GIs can be protected over long periods as long as the collective tradition is maintained Indian Act protects GIs for an initial period of 10 years, which can be renewed after the expiry of the initial period of protection for another 10 years GIs would cease to be on the register if not renewed six months after the expiration of the last registration

GEOGRAPHICAL INDICATION
Examples of Indian GI Basmati Rice Darjeeling Tea Kanchipuram Silk Alphanso Mango Nagpur Orange Kolhapuri Chappal Bikaneri Bhujia Agra Petha Goa Feni Palakkadan Matta Navara Rice

WHO CAN APPLY FOR THE REGISTRATION OF A GEOGRAPHICAL INDICATION

Any association of persons, producers, organisation or authority established by or under the law. Registered proprietor Authorized user Producer

Contents of the Application

Every application for the registration must contain A statement as to how the GIs serves to designate goods as originating from the concerned territory of the country/region/locality in the country The class of goods to which the GI shall apply The Geographical map of the country, region or locality in the country in which the goods originate or are being manufactured.

Contents of the Application

The particulars regarding the appearance of the GIs as to whether it comprises of the words or figurative elements or both. Shall be in prescribed format Mechanism to ensure quality, standards, uniqueness Special human skills Name and address of the associations Inspection structure for maintaining quality Protection measures for eliminating infringement

TEN STEP GUIDE FOR REGISTRATION

FILING OF APPLICATION

OPPOSITION

REGISTRATION

PRELIMINARY SCRUTINY

PUBLICATON IN GI JOURNAL

APPEAL

CONSTITUTION OF CONSULTATIVE

SHOW CAUSE NOTICE

RENEWAL

GROUP OF EXPERTS

EXAMINAT ION

Tirupati Laddu
Tirupati laddus are offered as naivedyam to Lord Venkateshwara Tirupati laddu is a divine offering of TTD which is a unique combination of natural ingredients like Sugar, BG Dal flour, cashew nuts, cardamom, raisins, sugar candy and almonds blended to impart a distinctive aroma, appearance & taste The uniqueness of Tirupati Laddu is based on all the three parameters specified below a) Reputation b) Quality c) Human Skill and d) Other characteristics The laddu gets reputation not from its taste alone but from its sanctity

Points in favour

Prasadam has unique characteristics

High quality processing Finest ingredients Divine blessings GI will curb duplicate/counter-feit laddus

Public will get authentic laddus

Points Against
Monopolistic rights assigned only to TTD trust Not benefitting the community Characteristics do not have any association with geography Local people will have to look up to TTD for rights to manufture laddu No assurance of quality before/after GI tag