1. GEOGRAPHICAL INDICATIONS Mrs.Annamma Samuel 10/07/11

2. SCOPE OF PRESENTATION

GIS :INTRODUCTION

RATIONALE OF PROTECTION

CASE STUDY:DARJEELING TEA

10/07/11 3. GEOGRAPHICAL INDICATIONS (GI )

An indication which identifies goods as agricultural goods, natural goods or manufactured goods

Originating or manufactured in the territory of a country or a region or locality

Where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin

10/07/11 4. INDICATION

Indication referring to a country or to a place situated therein as being the country or place of origin of a product.

Refers to the geographical origin of the product

No special characteristic implied

10/07/11 5. APPELLATION OF ORIGIN

Used on products that have a specific quality that is exclusively or essentially due to the geographical environment in which the products are produced.

10/07/11 6. FEATURES OF GI

Collective community rights-protects groups of producers

Exclusive (no individual right)

No right to assign- increases scope of protection

Right in perpetuity- remains with the community

Knowledge underlying GI remains in the public domain

Protects goods that are already famous- reputation must pre exist

Functions like a trademark

10/07/11 7. AGRICULTURAL GOODS 10/07/11 8. HANDICRAFT GOODS 10/07/11 9. MANUFACTURED GOODS 10/07/11 10. NATURAL GOODS

LIGNITE- NEYVELLI

GOLD -KOLAR, JOHANNESBURG,S. AFRICA

PETROLEUM - ARABIAN

10/07/11 11. FOOD STUFFS 10/07/11 12. PROTECTION OF GI INTERNATIONALLY Paris Convention (1883):False indication Madrid Agreement (1891) :False and deceptive indication Lisbon Agreement (1958):Define appellation of origin TRIPS Agreement (1994) :First International treaty bound to protect GIs and to enforce its application10/07/11 13. WHO CAN APPLY FOR THE REGISTRATION OF A GEOGRAPHICAL INDICATION

Any association of persons, producers, organisation or authority established by or under the law.

Registered proprietor

Authorised user

Producer

10/07/11 14. Contents of the Application

Every application for the registration must contain-

A statement as to how the GIs serves to designate goods as originating from the concerned territory of the country/region/locality in the country

The class of goods to which the GI shall apply

The Geographical map of the country, region or locality in the country in which the goods originate or are being manufactured.

10/07/11 15. Contents of the Application

The particulars regarding the appearance of the GIs as to whether it comprises of the

words or figurative elements or both.

Shall be in prescribed format

Mechanism to ensure quality, standards, uniqueness

Special human skills

Name and address of the associations

Inspection structure for maintaining quality

Protection measures for eliminating infringement

10/07/11 16. TEN STEP GUIDE FOR REGISTRATION

1. FILING OF APPLICATION 2. PRELIMINARY SCRUTINY 3. CONSTITUTION OF CONSULTATIVE

GROUP OF EXPERTS 4. EXAMINAT ION 5. SHOW CAUSE NOTICE 6. PUBLICATON IN GI JOURNAL 7. OPPOSITION 8. REGISTRATION 9. APPEAL 10.RENEWAL

10/07/11 17. INFRINGEMENT OF GI

Khoday Distilleries Limited v. Scotch Whisky Association & Ors

2008 (36) PTC 315 (Mad.)

PETER SCOT

10/07/11 18. DARJEELING TEA Darjeeling Logo designed in 1983 Registrationin 1986 Logo & word regd. under TMA Regd. under GI registry Also sought protection in UK, US, Japan, Ireland & other countries Hired Compumark- International watch agency to monitor infringement. Spent USD 200,000 in 98-02 for same Protected status in 25 nations 10/07/11