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Geographical Indication (GI) protection in India

Courtesy/By: Akshit Goyal | 2020-05-28 22:13     Views : 230

Introduction

A geographical indication refers to a sign, regardless of whether as a name or sign, utilized on merchandise that have a particular geographical starting point and has characteristics that are because of the spot of root. GIs are significant rights, which if not sufficiently secured, can be misused by untrustworthy business administrators to the disadvantage of both the shoppers and the authentic clients.

The TRIPS describe minimum principles of assurance of GIs and extra security for wines and spirits. Articles 22 to 24 of Part II Section III of the TRIPS recommend minimum measures of insurance to the GI that WTO individuals must give. India, in consistence with its commitment under TRIPS, has taken authoritative measures by establishing the Geographical Indications of Goods (Registration and Protection) Act, 1999, which became effective on fifteenth September, 2003 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002.

 According to the (Indian) Geographical Indications of Goods (Registration and Protection) Act, 1999 "Land Indication", corresponding to merchandise, implies a sign which recognizes such merchandise as farming products, normal products or fabricated merchandise as starting, or made in the region of a nation, or an area or region in that domain, where a given quality, reputation or other trait of such merchandise is basically owing to its geographical beginning and in the event that where such merchandise are made merchandise one of the exercises of either the creation or of handling or planning of the merchandise concerned happens in a such area, district or territory, all things considered.

 GIs have been utilized in India for a wide assortment of items, for example, Basmati Rice, Darjeeling Tea, Kangra Tea, Feni, Alphonso Mango, Alleppey Green Cardamom, Coorg Cardamom, Kanchipuram Silk Saree, Kohlapuri Chappal, Rasgulla and so forth.

 

How to register GIs in India

For registration of a GI an application have to submit to the Registrar of Geographical Indications in the form given under  the Geographical Indications of Goods (Registration and Protection) Act, 1999 (the GI Act) read with the Geographical Indications (Registration and Protection) Rules, 2002 (the GI Rules).

 

Time Duration of a Registered GI

A Geographical Indication is protected for a time of 10 years and then registration may be renewed for next 10 years.

 

Infringement of a registered GI

If anyone misuse the registered GI then according to Geographical Indications of Goods (Registration and Protection) Act, 1999 the penalty will be imprisonment not less than 6 months which can extend up to 3 years and with a fine which is not less than Rs 50,000 which can extend up to Rs. 2,00,000.

Courtesy/By: Akshit Goyal | 2020-05-28 22:13

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