A Geographical Indication shows that the goods originate from a country, region, or locality. It also represents some special characteristics and qualities which are attributable to its place of origin. An application for registration of a Geographical Indication can be made by any associations of persons or organizations representing the interests of the producers of the respective goods. The applicant must be a legal entity and represent the interests of the producers of the goods applied for. In this article we discuss about the process of Geographical Indication Registration in India.
Registration of Geographical Indication Process in India
The petitioner must verify if the indicator is covered under the Geographical Indications of Goods (Registration and Protection) Act, 1999's section 2(1)(e) description of a GI. Manufacturers of the relevant items should be represented by an institution or agency, and they should be offered an affidavit outlining how the application purports to serve their interests.
There are certain guidelines that the applicant must adhere to while filing for the Geographical Indication. It includes - the application has to be filed in a triplicate manner, there should be a sign of the applicant and include a statement of case, and so on. On the submission of the application to the IPO, the learned examiner studies the application under scrutiny. The content of the statement of case is assessed by a consultative group of experts who are well versed in the subject. If the Registrar has any objections to the application, the applicant will be notified. Following that, the applicant must respond within two months or request a hearing. If the applicant desires to appeal the judgement, he must do so within one month of receiving the verdict.
The Registrar also has the authority to withdraw the application at any time if it has been accepted in error, in which case the proposed Geographical Indication should either not be registered or should be registered with extra restrictions. If no objections are raised, the application advances to the next level.
After the application for a Geographical Indication is accepted unopposed or opposed but decided in favour of the applicant, the registrar registers the Geographical Indication. If the application is accepted by the Office, it is published in the Journal of Geographical Indication within 3 months of such publication. This is to invite any opposition. Anyone can file for opposition, but must do so within 2 months of the publication. The Registrar sends it over to the registered owner, who should file a counter statement within 2 months. Both sides provide evidence with an affidavit, and fix a date of hearing. A Geographical Indication is valid only for 10 years, after which it should be renewed for 10 more years, by paying the prescribed amount of fees. If not renewed, it will be removed from the Register.
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