As per the Geographical Indication of Goods (Registration and Protection) Act 1999, the agricultural, natural or manufactured goods originating or manufactured in the territory of a 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 and in cases where such goods are manufactured goods, one of the activities of either production or of processing or preparation of the goods concerned takes place in such territory, region or locality, are registrable as Geographical Indications.
Geographical Indications filing requirements in India
Following are the basic requirements for filing of a Geographical Indication application in India:
Name of all the Applicants (If there is a large number of producers a collective reference to all the producers of the goods may be made in the application and the G.I., If registered will be indicated accordingly in the register)
List of association of persons/producers/organisation/authority
Nationality
Address of Applicant
Legal status and country of incorporation
Statement as to novelty
Representation/ Copy of Geographical Indication
User date in India (if any)
Three certified copies of the map of the region to which the GI relates
Details of the special characteristics and how those standards are maintained
Details of the inspection structure if any to regulate the use of the GI in the territory to which it relates
Affidavit by association of persons or producers or any organization or authority representing the interest of producers of the concerned goods stating how the applicant claims to represent interest of producers of goods
Power of authority in favour of Indian Attorney/ Advocate, to be stamped in India. It may be filed later (before or along responding to official letter). Notarisation or legalisation is not mandatory
Certified copy of priority document (where priority is claimed)
Preliminary scrutiny and examination
Pursuant to filing of the application, the content of statement of case is assessed by a consultative group of experts will versed on the subject. They ascertain the correctness of particulars furnished and thereafter an Examination Report is issued. The Application is examined in due course and scrutinized for any deficiencies, which should be remedied within one month from the communication.
Show cause notice
If the Registrar has any objection to the application, the objections are communicated to Applicant and the applicant must respond within two months or apply for a hearing. The decision will be duly communicated. If the applicant wishes to appeal, he may within one month make a request. The Registrar is also empowered to withdraw an application, if it is accepted in error, after giving on opportunity of being heard
Publication in the geographical indications Journal
Every application, within three months of acceptance is published in the Geographical Indications Journal
Opposition to Registration
Any person can file a notice of opposition within three months (extendable by another month on request which has to be filed before three months) opposing the GI application published in the Journal. The registrar serves a copy of the notice on the applicant. Within two months from receipt the applicant has to file counterstatement. If he does not do this the Application is deemed to have been abandoned. Where the counter-statement has been filed, the registrar serves a copy on the person giving the notice of opposition. Thereafter, both sides will lead their respective evidences by way of affidavit and supporting documents. A date for hearing of the case will be fixed thereafter for adjudication of opposition
Registration of Geographical Indication
Where an application for a GI has been accepted, the registrar shall register the geographical indication. If registered the date of filing of the application shall be deemed to be the date of registration. The registrar shall issue to the applicant a certificate with the seal of the Geographical indications registry
Term of Registration
The term of registration of GI is for 10 years and can be renewed further.
Renewal of GI Registrations
A registration of GI can be renewed further for 10 more years and so on, on payment of renewal fee.
