People usually correlate or associate the goods or products with its place of origin. The association or correlation is may be because that particular good or product has its origin in that geographical area or it was firstly introduced in that region or it is associated with particular community or group of people. For example “Block Print of Jaipur” has its certain qualities and it is associated with the particular region only or “Darjeeling Tea” or “Coorg Orange” etc. Therefore any product or goods of any particular region have it distinct qualities that are not similar and cannot be found in any other region or found in very limited regions.
As per Section 2(1)(e) of the Geographical Indication of goods Act, 1999, goods such as agricultural goods, natural goods or manufactured good are either originating or manufactured in the particular region or locality and the given quality or characteristics of the goods are associated with that particular region only, then that goods can get the Geographical Indication for the goods.
Act only authorize the below mentioned to apply for the registration of the Geographical Indication:
Any association of persons,
Authority established by or under the law established for the interest of the producers concerned goods.
Once the application for registration of the Geographical Indication is filed then application will be examined by the examiner.
If after scrutinizing the application the Examiner found any discrepancies then the applicant need to file the reply within a period of two months
If no discrepancies found then the applicant will proceed for the publication and advertisement in GI Journal.
From the date of the publication a time period of three months is allotted for any Opposition, if any third party has any doubt with the application.
Further if any opposition is filed then the Applicant need to file the Counter Statement within a period of two months from the date of the filling of the Opposition and non-filing of the Counter Statement by the Applicant on time will make the department to abandon the applicant.
Further if no Opposition is filed in the mentioned time period then the application will get registered for a time period of 10 years.
Further after the GI get registration then the date of registration will be considered as the date of filing the Application.
It provides legal protection to the Geographical Indication.
It prevents unauthorized use by others.
Reduce the unfair practices of the trade.
Preserves the local culture and resources.
Due to legal protection it boosts the exports.
It enables to seek legal protection in the WTO member countries.
Having exclusive right to exploit or use the Gis’ products in the course of trade.
The authorized users are allowed to sue infringements confers legal protection to Geographical Indications in India.
Prevents unauthorized use of a Registered Geographical Indication by others.
It provides legal protection to Indian Geographical Indications which in turn boost exports using your invention without your permission.
It promotes economic prosperity of producers of goods produced in a geographical territory.
Trade Innovation Services are fully competent to complete your registration procedure of your GI. Documentation of GI is very bulky. You have to provide the complete historical data of the origin of the special Goods in your geographical area with all necessary required documents. Our expert team can assist and guide you at any stage of the filing procedure.
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