PROTECTION OF GEOGRAPHICAL INDICATIONS GOODS IN INDIA PreTRIPS

PROTECTION OF GEOGRAPHICAL INDICATIONS GOODS IN INDIA

Pre-TRIPS Scenario GLOBAL Imitation / usurpation of GIs Insufficient / ineffective protection Fight for their reputation & market access INDIAN Courts have recognized GIs Enactment of GI statute. TRIPS obligation Need to protect Indian Treasures (Darjeeling tea, Basmati Rice, Bikaner Bujia, Alphonso Mango, etc. ) Prevent GI becoming generic

LABELING ORIGINS Protected designation of origin (PDO). Protected geographical indication (PGI). Appellation of origin. GEOGRAPHICAL INDICATIONS. Defined as ‘Indications, which identify goods as originating in the territory of a member country, or locality in that territory, where a given quality, reputation or other characteristics of the goods are essentially attributable to their geographical origin’. 4 R. G. I. India

Why GIs Protection? n n n INSTRUMENT OF RURAL DEVELOPMENT Promotion of products of considerable benefit to the rural economy in less favoured or remote areas (EC Regulation 2081/92) DIFFERENTIATION OF PRODUCTS: n Increase in prices of the protected products n Allows genuine producers to capture the rents, entry barriers for “fakes” Darjeeling Tea sold than produced - shows large market for genuine products.

CHAPTER 9 Secs. 1& 2 short title, extent and commencement. Definitions & Interpretation Ii. Registrar & conditions for registration Secs. 3 to 10 III. Procedure for & duration of registration Secs. 11 to 19 SECTION 87 I. PRELIMINARY IX. MISCELLANEOUS Secs. 55 to 87 Viii. Offences, penalties and procedure GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 Iv. Effect of registration Secs. 20 to 24 No. 48 of 1999 Secs. 37 to 54 Vii. Appeals to the appellate board Secs. 31 to 36 Vi. Rectification and correction of the register Secs. 27 to 30 V. Special provisions relating to trade Secs. 25 &26 marks and prior uses

Statement of Objects & Reasons At present there is no specific law governing GIs of goods in the country which could adequately protect the interests of producers of such goods. Exclusion of unauthorised persons from misusing GIs would serve to protect consumers from deception, add to the economic prosperity of the producers of such goods, & also promote goods bearing Indian GIs in the export market.

HOW GI ACT OPERATES IN INDIA? n n n n Purely voluntary. Who can apply? Method of filing an application. Concept of authorised user. Registration Process. Importance of Consultative Group of Experts. Additional protection for notified goods.

G. I. REGISTRY n n This Act is administered by the Controller General of Patents, Designs and Trade Marks, who is the Registrar of Geographical Indications. The Geographical Indications Registry is located at Chennai. The following functions have been envisaged to be discharged by the Geographical Indications Registry :

SALIENT FEATURES OF THE GI ACT n n n Wide definition of GI Registration Procedure Authorised user concept Collective right concept Penalties for infringement and offences Higher level of protection for notified goods Prohibition of assignment, etc. Prohibition of registration of GI as a trademark Protection foreign GIs Independent Passing Off action Appellate Board.

Indian GI & Globalization n n HAND-WOVEN INDIAN TEXTILES n On the fashion ramps in Paris HAND-CRAFTED INDIAN JEWELLERY n Widely sold in the best retail stores in New York HAND MADE INDIAN CARPETS n Covers some of the most elegant floors all over the world PRODUCTION SKILLS n Highly intricate and specialized n Closely guarded secrets GLOBAL SCENARIO: Protection and preservation imperative through GI

DEFINITION n n n An indication which identifies goods as agricultural, natural or manufactured. 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. - Section 2(i) (e) of G. I. Act 1999.

INDICATION n Includes Any name n Geographical or Figurative representation (or) n Any combination of them n Conveying or suggesting the Geographical Origin n - Section (2) (i) (g) of G. I. Act 1999.

Working of the Act v v v 49 products registered. No authorised user registered so far. No foreign product registered. One foreign application (Pisco) published No appeals against the decisions of the Registrar of GIs so far. Foreign GIs: No discrimination. Applicant has to give an address in India. Principle of reciprocity: Government can deny rights for registration to nationals of a country which does not extend same rights enjoyed by its nationals in GIs to Indian nationals (Section 85).

GOODS n n n Agricultural Natural Goods of Handicrafts (or) Industry Manufactured goods Food Stuffs - Section (2) (1) (f) of G. I. Act 1999.

AGRICULTURAL GOODS DARJEELING / ASSAM TEA KANGRA TEA Black_Ctc_Assam_Tea

AGRICULTURAL GOODS Alphonso / Dasheri / Langra Mango

AGRICULTURAL GOODS HORTICULTURAL PRODUCTS Udupi mallige Mysore mallige Hadagali mallige

AGRICULTURAL GOODS HORTICULTURAL PRODUCTS COORG ORANGE NANJANGUD BANANA

DNA Fingerprinting Laboratory Biotechnology Centre, Hulimavu Department of Horticulture M 1 2 3 4 5 6 7 8 9 Gel profile of Mysore jasmine (Jasminum sp. ) developed using Randomly Amplified Polymorphic DNA (RAPD) with decamer primers of arbitary sequence (OPB-01 to OPB-10). PCR reaction was performed using 800 u. M d. NTP (4 ul), 5 m. M Mg. Cl 2(0. 5 ul), Triton buffer (0. 1%) and Taq Polymerase enzyme 1 unit. 10

NATURAL GOODS GOA IRON ORE

HANDICRAFTS INCLUDING TEXTILES ASSAM Asomiya Gamocha aru Jaapi Assomiya Gohana Japi

ASSAM Cane Pital

ASSAM Terracotta Work Sarai Bamboo

ASSAM Pottery Wood Carving Ornamant

ASSAM TEXTILES Dress Miri Dress Paator Mekhela Muga Silkcraft Assam Antique 1