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Requirements for Registration of Geographical Indication

Courtesy/By: Shubham Singh | 2020-07-09 12:35     Views : 293

In India, the Geographical Indications Act, 1999, lays down the provisions governing the registration of Geographical Indications, in chapter 2, from Sections 3 to 10. Section 8 (1), which reads as “a Geographical Indication can be registered in respect of any or all of the goods, comprised in such elegance of products as can be categorized via the registrar and in appreciate of a precise territory of a rustic, or a region or locality in that territory, as the case can be” states that the registration could be in appreciate to a particular elegance of goods and a selected geographical place.

Registration may be sought for all or any of the products comprised within a selected elegance.

Section 9 lists down certain geographical warning signs that are prohibited from registration. The listing includes geographical indications:

  1. The usage of which could be likely to misinform or purpose confusion; or
  2. The use of which could be opposite to any regulation in the meanwhile in force; or
  3. Which contains or consists of scandalous or obscene remember; or
  4. Which contain or contains any count in all likelihood to harm the religious susceptibilities of any magnificence or segment of the citizens of India; or
  5. Which would in any other case be disentitled to safety in a court docket; or
  6. Which might be determined to be time-honoured names or symptoms of products and are, consequently, no longer or ceased to be covered of their united states of America of foundation, or which have fallen into disuse in that USA; or
  7. Which even though actually authentic as to the territory, region or locality in which the products originate, but falsely constitute to the persons that the products originate in another territory, location or locality, as the case can be.

Section 10 deals with the registration of homonymous geographical indications. Homonymous geographical symptoms are those which can be similar in terms of spelling or pronunciation, but fluctuate of their meaning and designate items originating from unique countries. Section 10 of the GI act, 1999 states that a homonymous geographical indication can be registered problem to provisions of Section 7 and “if the registrar is happy, after considering the practical conditions below which the homonymous indication in query shall be differentiated from different homonymous indications and the want to make certain equitable remedy of the manufacturers of the goods worried, that the customers of such goods shall not be pressured or misled in result of such registration”. A geographical indication is specific from other types of IP rights as instead of a selected character, it belongs to a particular network. due to this cause, the utility for registration of a geographical indication can best be filed via “any affiliation of persons or manufacturers or any agency or authority installed through or below any regulation for the time being in force representing the hobby of the producers of the worried goods ” and not by way of an person. However, an man or woman who is claiming to be the manufacturer of the products in admire of which a geographical indication has been registered underneath segment 16 can follow for registration as a certified consumer of the geographical indication.

Courtesy/By: Shubham Singh | 2020-07-09 12:35