Geographical Indications (GI)

INTRODUCTION TO GEOGRAPHICAL INDICATIONS (GI) : 

INTRODUCTION TO GEOGRAPHICAL INDICATIONS (GI) DR. HIMANSHU SEKHAR ROUT PG DEPARTMENT OF ECONOMICS DR. SRK GOVERNMENT ARTS COLLEGE (PONDICHERRY UNIVERSITY) YANAM – 533464, INDIA E-mail: hsrout1970@gmail.com Presented at the Stakeholders’ Workshop for GI Registration of Kannur Home Furnishing under the UNCTAD-DFID-GoI project “Strategies and Preparedness for Trade and Globalization in India” (SPTGI) at Kannur (Kerala) on May 15, 2008 organized by IMC, New Delhi and NMCC, Kannur.

SCHEME OF THE PRESENTATION : 

SCHEME OF THE PRESENTATION Intellectual Property Rights (IPR) Geographical Indications (GI) Why does GI need Protection? Advantages of GI How can GI be registered? Procedure for Registration Post Registration Activities GI Registration in India

Intellectual Property Rights (IPR) : 

Intellectual Property Rights (IPR) IPR gives the creator exclusive right over the Creation of human mind like technology, designs, literature, et cetera. IPR gives protection to creation of human mind.

Geographical Indication is one form of Intellectual Property : 

Geographical Indication is one form of Intellectual Property

What is GI? : 

What is GI? An indication which identifies goods as agricultural, natural or manufactured goods as originating or manufactured in the territory of country or a region or locality in that territory where a given quality, reputation or other characteristic of such goods is essentially attributable to its Geographical origin.

What can be an Indication? : 

What can be an Indication? Name of a country region or locality (Darjeeling Tea) Any name which relates to a specific Geographical area and is used upon or in relation to particular goods originating from that country region or locality (Basmati Rice) Goods: Agricultural, Natural, Manufactured, Handicrafts, Industrial Products, Food Stuffs, wine and Spirit

Agricultural Goods : 

Agricultural Goods Rice: Basmati, Nellore Wheat: Punjab, MP, UP Fruits: Nagpur Orange Spice: malabar Pepper

Natural Goods : 

Natural Goods Illmanite and Monosite of Kerala South Affrican Dimonds Neyveli Lignite

Manufactured Goods : 

Manufactured Goods Textiles: Pochampally Ikat, Kanchipuram Silk, Mysore Silk Leather Products: Kolhapuri Chappals

Handicrafts : 

Handicrafts Mysore Rosewood Inlay (Karnatak) Chanapattana Toys and Dolls (Karnatak) Tanjavur Art Plate Arnmula Kannadi (Kerala) Bidri Ware (Karnatak)

Industrial Products : 

Industrial Products Swiss watches Coimbatore Wet Grinders

Food Stuffs : 

Food Stuffs Andhra Pickles Agra Peta Bikaneri Bhujiya

Wine and Spirits : 

Wine and Spirits Goan Feni Champagne Scoth Whisky

Non-registrable GIs : 

Non-registrable GIs A GI which is likely to deceive or cause confusion, or is contrary to law, or which comprises or contains scandalous or obscene matter, or likely to hurt religious sensibilities, or otherwise be disentitled to protection in a court, or generic names or indications, or which although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be. (Sec.9)

Why does the GI need Protection? : 

Why does the GI need Protection? Consumer’s Point: GI’s are denoting quality and origin of the products. If not protected properly many of the GI’s which have acquired reputation and good will could be misrepresented by unscrupulous commercial operators.

Why does the GI need Protection? Cont… : 

Why does the GI need Protection? Cont… Producer’s Point: Producers of genuine GI products suffer damage because their valuable business is taken away from them and their long standing reputation and goodwill are spoiled.

Why does the GI need Protection? Cont… : 

Why does the GI need Protection? Cont… To prevent it from becoming generic. It helps local enterprises.

Advantages of GI Registration : 

Advantages of GI Registration Confers legal protection and safeguards against unauthorised use Promotes economic prosperity Assigns a collective form of monopoly right Creates privilege for initiating legal action against infringers Reduces or eliminates unfair competition Conserves the traditional knowledge Tool to promote rural development Tool to preserve local know-how and natural resources

Empirical Study on Benefits (International) : 

Empirical Study on Benefits (International) International Developing countries loose about US$ 5 billion a year from unauthorised use of traditional knowledge (UN: 2003). 40% EU consumers are willing to pay 10% more for GI designated products.

Empirical Study on Benefits (National) : 

Empirical Study on Benefits (National) National (Study on Pochampally) Income of the weavers increased from Rs 2200 to Rs 3000 (36%) Production growth by 5% Price increased by 13% Development of new designs and product diversification Popular place of study for researchers

Activities Prior to Application : 

Activities Prior to Application Identification of stakeholders Grass root level Blue collar White collar Awareness building amongst stakeholders Identification of the protectable TK. Determining the geographical spread Identification of true owners

Preparatory Activities : 

Preparatory Activities Formation of consortium Study & documentation Historical evidence Production process Establishment of uniqueness Identification of geographical region Drafting of application Filing of application

Post Registration Activity : 

Post Registration Activity Creation of institutional mechanism Enforcement Marketing of registered product Domestic International Sensitisation of the supply chain Sensitisation of the consumers Providing Marketing information Supporting Product diversification Supporting brand building

Initiative in India : 

Initiative in India Indian parliament passed GI Act in 1999 & implemented in 2003 The Geographical Indications (Registration and Protection) Rules, 2002 2 parts, 116 rules, 3 schedules, 10 forms GI application received: 152 (as on the 31st January 2009) GI Registered: 110 (as on the 31st January 2009)

Registered Products of T & C : 

Registered Products of T & C Pochampally Ikat Mysore Silk Saree Solapur Jacquard Bed Sheets Kancheevaram Silk Saree

Manufactured Goods : 

Manufactured Goods Channapattana Toys Rosewood Inlay of Mysore Aranmula Kannadi (Metal Mirror) Mysore Sandal Soap

Agricultural Goods : 

Agricultural Goods Coorg Orange Nanjangud Banana Darjeeling Tea Kangra Tea

THANK YOU : 

THANK YOU

Benefits of Registration : 

Benefits of Registration Media Attention Creates motivation among stakeholders Develops sectoral net works among stakeholders, traders and Govt agencies. Market expansion Increase in production Protection of unique quality.

Formation of Consortium : 

Formation of Consortium Written prior consent of all producers Preempt possible objections and possess their counter No genuine stakeholder should be left

Follow up Action : 

Follow up Action Scrutiny of the application by the GI examiner and raising of objections, if any Addressing the objections (if any) and the subsequent acceptance of the application Notification of the acceptance in the Gazette for third party opposition If no opposition is filed within the statutory period of 4 months, the GI proceeds to registration. However, if an opposition is filed by a third party, they have to be settled to the satisfaction of the Registrar before the GI may be registered. Once the GI is registered, the term of protection is for a period of 10 years at the end of which, the term has to renewed for a further period of 10 years by paying a government fee of Rs. 3000/-.