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Geographical Indications (or GI) are granted to identify products that bear a close association with the region or a specific geographical area, where they are found/originated/manufactured.
The protection is granted to the undertakings and establishments located in that particular area and may use the ‘geographical indication’ on the exclusive goods produced in such area. This allows the owners of GI to take prompt action against any potential or real violation of a registered Geographical Indication.
We have expertise in taking action against parties violating the registered Geographical Indications. We also provide legal advice against civil and criminal proceedings.
Our Attorneys handle Geographical Indication filings for agricultural products, industrial products, hand-crafted goods, food and other items of consumption.
GI is an indication, originating from a definite geographical territory. It is used to identify agricultural, natural or manufactured goods produced, processed or prepared in that particular territory due to which the product has special quality, reputation and/or other characteristics.
Registration of a GI is not compulsory. Registration of a GI has the following benefits:
The list of the registered GIs in India is published by the Geographical Indications Registry and can be accessed here.
A GI is not registrable in the following situations:
Any association of persons, producers, organisation or authority established by or under the law can be a registered proprietor; and their name should be entered in the Register of GI as registered proprietor for the GI.
An Authorised User has the exclusive rights to the use of GI in relation to goods in respect of which it is registered.
An authorised user of GI is a producer of goods in respect of a registered GI. An authorised user should apply in writing in the prescribed form along with prescribed fee.
The persons dealing with three categories of goods are covered under the term Producer:
The registration of a GI is valid for a period of 10 years. The registered GI can be renewed for every 10 years on the payment of prescribed renewal fee.
If a registered GI is not renewed it is liable to be removed from the register.
A GI is infringed in the following situations:
The Registered Proprietor or an Authorised User of a registered GI can initiate an infringement action.
The Geographical Indications of Goods (Registration and Protection) Act 1999, provides for a sentence of imprisonment for a term between 6 months to 3 years and a fine varying from Rupees Fifty Thousand (INR 0.05 million) to Rupees Two Lakhs (INR 0.2 million) in case of GI infringement.
No, a GI is a public property belonging to the producers of the concerned goods. Therefore, it is not a subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement. However, when an Authorised User dies, his right devolves on his successor in title.
Yes, the Appellate Board or the Registrar of GI has the power to remove the GI or an Authorised User from the register. Further, on application by an aggrieved person action can be taken.
A Trademark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises, whereas a GI is an indication used to identify goods having special characteristics originating from a definite geographical territory.
Any association of persons, producers, organisation or authority established by or under the law can apply for registration of a GI, provided:
It has been a pleasure working with a professional, efficient and knowledgable team of lawyers at Singhania & Partners' Intellectual Property Practice.
I really appreciate your expertise, professional and responsive approach and always have the feeling that our client is in very good hands.
We are always grateful and happy with your firm's swift work, starting from our incorporation till attaining the trademark it was done in a very short time.
We look forward to your legal guidance and support on our startup journey & definitely we shall speak about your work in our circle.
Many thanks for your diligent work on this matter. We greatly appreciate it.
The client’s satisfaction is evident from years of their association with us, more than a decade for a lot of them. We act as an extension of in-house legal teams and act as External Legal Counsel to you. Our efforts are towards being strategic partners in your growth and not to be just a law firm.
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