Protection of Geographical Indications

Since the Indian economy is rapidly progressing and foreign interests consider registering their geographical indications in its fast-growing market to head off intellectual property pirates, Geographic Indication Registry has been working at an uncharacteristically pace in compliance with the TRIPS agreement. For registration under the Indian Geographical Indications of Goods Act, an application may be made, accompanied with the following details:

how the indication serves to designate the goods as a geographical indication;
the class of goods
the territory from which the geographical indication originates
the particulars of its appearance;
the particulars of the producers;
an affidavit of how the applicant claims to represent an interested party;
the particulars of its special characteristics;
a descrfiption of the proposed boundary;
the growth attributes of the geographical indication relating to the application;
certified copies of a map of the territory;
descriptions of the special human skill involved, if any;
the number of producers; and
the particulars of inspection procedures to regulate the use of the geographical indication.

Once these details and documents are furnished to the Geographic Indication Registry, and there is no opposition to such registration after publication in the Indication Journal, the geographic indication would proceed for registration and a registration certificate will be issued and sent to the applicant. In case of opposition, then a separate opposition proceeding ensues.

A geographic indication is registered for a period of 10 years and renewed subsequently within a period of six months prior to the expiry of the registration. In the case of overseas applicants – for example scotch, champagne, etc.- the applicant would need to have a domestic geographical indication registration in order to process an application in India.

Geographical indications may be protected by various process, the most popular of them is by filing a civil suit for passing off or infringement. A civil suit is instituted before a civil court of law and orders of injunction may be obtained. The penalty of offences committed under the Geographic Indication Act can be imprisonment up to six months or a fine up to Rs.50,000, on a prima facie evidence of infringement.

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Protection of Geographical Indications - India