A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to its origin. In order to function as a GI, a sign must identify a product as originating in a given place. Some examples of GI are Mysore silk, Pashmina, Nagpur orange etc.
A geographical indication right enables the owners to use the indication to prevent its use by a third party (ies) whose product does not conform to the applicable standards. For example, in the geography or jurisdictions in which the Darjeeling tea as geographical indication is registered, producers of Darjeeling tea can exclude use of the term “Darjeeling” for tea not grown in their tea gardens or not produced according to the standards specified in the code of practice for the geographical indication.
A geographical indication shall be registered to claim rights over it and is usually obtained by acquiring a right over the sign that constitutes the indication. The steps to register GI are as below:
Steps to register a Geographical Indication (GI)
STEP 1: Filing of application (Fees for filing registration is 5000/- each class)
Please check whether the indication comes within the ambit of the definition of a Gl under section 2(1)(e).
The association of persons or producers or any organization or authority should represent the interest of producers of the concerned goods and should file an affidavit how the applicant claims to represent their interest.
- Application must be made in triplicate.
- The application shall be signed by the applicant or his agent and must be accompanied by a statement of case.
- Details of the special characteristics and how those standards are maintained.
- Three certified copies of the map of the region to which the GI relates.
- Details of the inspection structure if any to regulate the use of the GI in the territory to which it relates.
- Give details of all the applicant together with address. 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.
Please sent your application to the following address in India
- Geographical Indications Registry
Intellectual Property Office Building
Industrial Estate, G.S.T Road
Guindy, Chennai – 600 032
Phone: 044 – 22502091-93 & 98
Fax: 044 – 22502090
E-mail: gir-ipo@nic.in
Website: ipindia.gov.in
The applicant must have an address for service in India. Generally, application can be filed by (1) a legal practitioner (2) a registered agent.
STEP 2 and 3: Preliminary scrutiny and examination
- The Examiner will scrutinize the application for any deficiencies.
- The applicant should within one month of the communication in this regard, remedy the same.
- The content of statement of case is assessed by a consultative group of experts will versed on the subject.
- They will ascertain the correctness of particulars furnished.
- Thereafter an Examination Report would be issued.
STEP 4: Show cause notice
- If the Registrar has any objection to the application, he will communicate such objection.
- 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.
STEP 5: Publication in the geographical indications Journal
- Every application, within three months of acceptance shall be published in the Geographical Indications Journal.
STEP 6: Opposition to Registration (Notice of opposition to registration is 1000/- each class, 300/- in case of time extension & Counter statement to that notice is 1000/-)
- 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 shall serve a copy of the notice on the applicant.
- Within two months the applicant shall sent a copy of the counter statement.
- If he does not do this be shall be deemed to have abandoned his application. Where the counter-statement has been filed, the registrar shall serve 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.
STEP 7: Registration
- 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 indication’s registry.
STEP 8: Renewal (fees is 3000/-)
- A registered GI shall be valid for 10 years and can be renewed on payment of renewal fee.
STEP 9: Appeal
- Any person aggrieved by an order or decision may prefer an appeal to the intellectual property appellate board (IPAB) within three months. The address of the IPAB is as follows:
- Intellectual Property Appellate Board
Annexe 1, 2nd Floor, Guna Complex,
443, Anna Salai, Chennai – 600 018
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