Specific signs or marks put on a product having a specific geographical origin, along with qualities and reputation owned by that origin, are known as geographical indications.
As the name suggests, it acts as an indicator or indication of a particular geographical location to which, at all times, GI consists or relates to the name of origin.
Origination is the foundational aspect, requisite for Geographical indication. Hence, considering the product solitarily, its unique qualities, characteristics, or reputation, should belong to the originating place of it.
Basmati, Champagne, and Darjeeling are some of the well-established names that come into the category of GI because the products associated with these names possess a certain distinctive standard in terms of quality and reputation.
Why is Geographical Indication Filing Important?
In India, the Geographical indication filling and registration process are governed by ‘The Geographical Indications of Goods (Registration and Protection) Act, 1999’.
The owner or originator of the product reckons an authority or distinctive right upon the product and its attributes. Hence, for every right, there is an undisputable responsibility of protection.
However, not every product can get the desired protection depending upon multiple unavoidable factors. Industrial use, financial and social gains to the owner, and several other activities pertaining to the betterment of society are those essential elements that can determine the required protection.
An intellectual property right is a terminology of the rights and protection that can be available to the owner or producer of the product upon approval of the application by the authorities.
Some of the benefits associated with geographical indication filing are:
Financial Growth
Manufacturers and producers of the goods are the original owners of the products; hence, through the protection of geographical indication economic domain enhances. Apart from that, it generates a secondary mode of revenue for the place of origin.
Unauthorised usage
Geographical Indication registration increases the business benefits and maintains legal rights by restricting the unauthorised usage of GI tags.
Increase in Tourism
GI tags help build a profile or reputation for the geographical regions that attract tourism opportunities and generate new revenue options.
What are the Requirements for Geographical Indiacation Filing?
The ambit of a particular indication will be per the GI definition in Section 2(1)(e). It is pertinent to note that there are several prerequisites concerning filling out the application. Below we will be discussing the categorisation of applications:
Category of Applications
Categorisation of applications helps applicants to file the documents precisely and to minimise the chances of rejection.
Convention Application
This sphere covers the applications filed by the countries having an agreement known as a convention country. With the typical application, these countries submit proof of registration or filing of GI in their home country.
Single Class Application
This application includes goods that fall under only one class of goods. The single-class application will be of use for the registration of Geographical Indication.
Multi-Class Application
Unlike a single-class application, the specification of goods falls under more than one class. Pertinent to which multi-class application will be of use for registration.
The foremost step of registration includes filling out an application under which few measures are crucial for accurate filing.
Authority, organisation, producers, or an association of persons are the applicants who may represent the interest of the original producers of the goods for which the GI application is applicable. For this, they have to file an affidavit reflecting the interest of those producers on behalf of whom they are applying.
Filling and Preliminary Examination
Triplicate submission of application along with Statement of case, specification and description of goods, and categorisation of classes of goods are the criteria that are necessary for filling. Post which the authorised examiner or representative will perform a preliminary examination by checking the application and accompanying documents.
Conveyance of Deficiencies
Upon completion of the preliminary examination, a detailed report will be made available by the examiner, mentioning all the deficiencies, along with the procedures for rectification. It is termed an examination report which comprehensively mentions all the required details for the applicant to make amendments at the earliest.
Secondary Examination
The registrar and other representatives will re-examine the application after a new application removing all the deficiencies is made available by the applicant. Even after resubmission, if the application is non-compliant with the requirements, or if resubmission and any observations are not made available within two months from the date of communication of deficiencies, the application shall be dismissed.
Acceptance of Application
If the application furnishes all the criteria, the application will receive approval for further procedure.
Advertisement in Official Journal of GI
The registrar will publish the details regarding GI applications and authorised users after acceptance. This step is necessary to notify the public to invite any objections.
Who is Entitled to Apply for Geographical Indication Filing?
Applicants representing the interest of producers may be an Association of persons, organisations, the producer itself, or any other authority established by law.
What can All Indications Do Not Qualify for Geographical Indication Filing?
Indications must satisfy the provisions of Section 2(1)(e) along with Section 9 of the Geographical Indications Act, 1999.
Indications that create confusion, in contravention of any law, contain obscene matter, hurt religious sentiments or are generic in the name are not acceptable for registration.
Difference between Trademarks and Geographical Indications
From an overall perspective, trademarks and Geographical Indications reflect similarities. However, it is pertinent to understand that trademark is a brand name depicting the qualities and unique characteristics available in a product for a specific organisation. In contrast, Geographical Indication is about a geographical location’s unique reputation and quality.
Why choose PATHtoIP® for the Geographical Indication process?
Team members of PATHtoIP® have 10+ years of expertise in the field of intellectual property that is depictable from their finest services to their clients.
Geographical Indication filing is one of the complex domains in Intellectual property because of the specifications in geographical origin. Before filling out any application, thorough research and formatting are necessary. Hence, PATHtoIP® being value-driven, ensures that they persistently work on the resources and knowledge by updating themselves with the latest developments in the Intellectual property domain, specifically geographical developments and requirements.
Easing out the application and filing process along with other maintenance services, we at PATHtoIP® have helped several clients create impactful and successful portfolios.