geographical indications protection

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GEOGRAPHICAL INDICATIONS PROTECTION :

GEOGRAPHICAL INDICATIONS PROTECTION Prepared By :- KULDEEP KINJA M.Pharma (Pharmacology) 2nd YEAR NIMS INSTITUE OF PHARMACY, JAIPUR

Contents:

Contents Introduction History of GI PROTECTION Overview of GI PROTECTION Procedure for attaining GI PROTECTION Current status of GI PROTECTION registration Offfences and penalties for voilation of Act Importance of GI PROTECTION in pharma industry GI Registry offices in India

4th Sept 2009:

4 th Sept 2009 Banaras sarees and brocades, renowned for intricate designs of silk and gold threads, will now be protected as a geographical indication under Geographical Indication of goods (Registration and Protection) Act, 1999 Distt covered : bhadohi, jaunpur, chaundauli,mirzapur, varanasi and azamgarh

Why GI PROTECTION ?:

Why GI PROTECTION ? Such similar names we usually come across like : Kanjivaram sarees South silk suites Sanganeeri block printing of rajasthan Fazli mango of west bengal

Introduction:

Introduction Under article 1 & 10 of the Paris convention of trade marks (1883) for protection of Industrial property, GI are covered as element of IPR. Also under article 22,23,24 of TRIPS Agreement these have been covered. India being a member of WTO enacted the GI of Goods (Registration & Protection) Act 1999.

…contd:

…contd Came into force in India on 15 th sept 1999. In year 2002, certain rules were further added to the Act under GI of Goods (Registration & Protection) Act 2002. Under this act “ GI is an IPR which identifies a good as originating in a certain region where a given quality, reputation or other characterstic of the product is essentially attributable to its geographical origin.”

History of GI PROTECTION :

History of GI PROTECTION In Europe : 3 RULES TO DEFINE IT Protected designation of origin Protected geographical indications Traditional speciality guaranteed e.g. : Florida (oranges), Washington State (apples), Idaho (potatoes)

…..contd:

…..contd In France : rule named as “ Appelation d’origine controllee” Act of 1958 It issues official certification of origin & standard of product. E.g. tequila (spirits), Jaffa (oranges) and Bordeaux ( wines)

….contd:

….contd In Asia : following rules Chinese “ Trademark law” of 1982 in china “Trademark law of Japan” (law no 127) of 1959 in Japan “Geographical Indications of Goods (Registration& Protection) Act 1999” for India

Overview of GI PROTECTION:

Overview of GI PROTECTION Application (register) submitted at branch office Head office GI Registry (in country or state) Centre government GI Registry Office

….contd:

….contd Registrar : Controller –General of Patents, Designs and Trade Marks (CGPDTM) Period of holding GI Registration :10 year Difference b/w GI and other IPR : It is a publicaly owned right and other IPRs are private monopoly rights

…..contd:

…..contd Application (hard file + soft file) Part A Part B Particulars related to registration of GI are filed in this particulars related to registration of authorized users are filed in this

Procedure for attaining GI Protection:

Procedure for attaining GI Protection Step 1 : completely filled application + prescribed fee filed to registrar; comprising : Statement Class of goods Geographical map Particulars regarding apppearance of GI Particulars of procedures of concerned goods

……contd:

……contd Step 2 : application completed in all respects filed to regional registry office Step 3 : application analysed by registrar & amendments made (if required) Step 4: application advertised & oppositions are invited Step 5 : counter statement is asked by registrar from applicant

….contd:

….contd Step 6 : oppositions settled & necessary modifications done (if required) Step 7 : the application meanwhile moves to centre government for publication; applicant gets its right to GI Protection

Offences & penalties :

Offences & penalties On voilation of the Act : Imprisonment : NLT 3 months & NMT 3 years Fine : NLT Rs. 50,000 and may extend to 2 lac rupees

Current status of GI REGISTRATION:

Current status of GI REGISTRATION UNCTAD’s India + its partners (textile committee & human welfare association) is working in this field. Their projects include : Lucknow Chikan Craft Pipli Applique work of Orissa Uppada Jamdani sarees of Andhra Pradesh Cannore Home furnishings Kutch embroidery from gujrat Bagh prints of Dhar Fazli mango of West Bengal

GI & PHARMA INDUSTRY:

GI & PHARMA INDUSTRY In pharmaceutical industry products/ crude drugs of a particular biological origin; belonging to particular geographical region are covered. This is just beginning there is yet more in pipeline

Address of GI Registry:

Address of GI Registry International Private company Intellectual Property Office Bldg., G.S.T. Rd., Guindy, Chennai, 600035, India ()4422502091 FAX : 4422502090