Preliminary GI ACT
1.(1) This Act may be called the Geographical Indications of Goods (Registration and Protection) GI Act, 1999.
1.(2) It extends to the whole of India.
1.(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this GI Act shall be construed as a reference to the coming into force of that provision.
Salient features of Geographical Indications Act?
What is a Geographical Indications?
• It is a form of Intellectual Property Right belonging to a community
• It indicates a definite geographical origin of a Product
• The GI Tag is given to agricultural, Natural and Manufactured goods
• A product may be applied for the GI Status provided it has a special quality or reputation or any other peculiar characteristics limited to a specific Geographical territory.
What does a Geographical Indications provide?
A Geographical Indications enables the rightful user to prevent the misuse of such products by a third party who describes the Products
of having specific origin but is made elsewhere
of having certain unique qualities even when they do not.
of having met applicable standards as mentioned in GI Registry, even when it is not
Can a Geographical Indications be registered in the name of an individual?
No. Geographical Indications is intended for a community or is a right given to a group. Hence it is not possible to get Geographical Indication registration in the name of an individual.
What is the advantage in the registration of Geographical Indications?
Confers legal protection to Geographical Indications Tagged products
No person other than the Producer or those who procure the GI Products from its very Origin and abide by all the applicable standards as mentioned in GI Registry are entitled to Use the name of Such Products.
Negates false Trade Practices
The Geographical Indications Act of India 1999, prevents unauthorized use and imposes penalty and punishment for Using and selling bogus and deceptive GI Tagged products.
Symbol of Authenticity
GI Tagged Products helps consumers Identify between Fake and genuine Products. All products are guided by Standards whereas GI functions under the Law.
Who can apply for the registration of a Geographical Indication?
Any association of persons, producers, organization or authority established by or under the law can apply; the applicant must represent the interest of the producers.
Where do one apply for a Geographical Indication Status?
The application has to be filed to the Registrar of Geographical Indications at Chennai.
What is time period for getting a GI registered?
The average time taken is around Twelve months from the date of Receipt of Application.
What is the term of a Geographical Indications?
There is no expiry date for Geographical Indications, but has to be renewed every 10 year.
Who can use the registered Geographical Indications?
The registered proprietor or the authorized user has the exclusive right to use geographical indication in relation to goods in respect of which it is registered.
Whether the Geographical Indications Registered in India valid all over the world?
No. Like any other Intellectual Property Rights, Geographical Indications are also territorial. The rights can be enforced in other countries only if it is registered in that particular country.
Can a registered Geographical Indication be assigned, transmitted, etc.?
No. Geographical Indications is a public property belonging to the producers of the concerned goods. It shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement. But in the case of an authorized user dies, his right devolves on his successor in title.
When a GI is not registerable?
• When it creates confusion or when it is deceptive.
• When it is against the stipulated laws.
• When it comprises repugnant or obscene content.
• When it is likely to harm religious beliefs.
• When it falsely represents the geographical origin, region or locality or as the case may be.
• When it falsifies the qualities or uniqueness as claimed in the application.
Who is an Authorized User?
Authorized user of a GI Registered under Section 17 can be any person claiming to be a producer of the goods in the definite geographical territory. Such Producer should apply in writing to the GI Registry along with prescribed fee.
What are the benefits that you get by being an Authorized user?
Authorized Users gets the exclusive right to use the Registered Geographical Indication and can independently sue an infringer. The Authorized User can also renew or restore a registered Geographical Indications, if the Registered Proprietor fails to renew the same. He further gets the right to be impleaded in any rectification proceedings against a Registered Geographical Indication or Appellate Board
When is a registered Geographical Indication said to be infringed?
• Claiming to have produced it in a Geographical territory as mentioned in the GI Registry even when it has been produced elsewhere.
• False Representation, using and selling of bogus and deceptive Products.
• Not adhering to GI Act, 1999 Government of India.
• Not adhering to Specifications and standards mentioned in the GI Registry
What is the penalty for GI Infringement ?
The GI Act of India (1999) provides for Imprisonment for a term of 6 months that may be extended to 2 years and a minimum fine of Rs 50,000 that may be extended to 2,00,000?
Download the complete Geographical Indications Act, 1999