In North-East state the tribal people are producing a special type of beverage from time immemorial which is extracted from a special type of flower found only in that region. Now the state government is interested to ge

CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · December 2020
In North-East state the tribal people are producing a special type of beverage from time immemorial which is extracted from a special type of flower found only in that region. Now the state government is interested to get this product in Geographical Indication category. With your expert knowledge explain how the product will be recognized as Geographical Indication product and how the state government can apply to bring this product under Geographical Indication.

Answer & Explanation:

According to the Section 2(1)(e) of the Geographical Indication of Goods (Registration and Protection) Act, 1999, "geographical indication" in relation to goods means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as 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 case where such goods are manufactured goods one of the activities of either the production or of processing preparation of the goods concerned takes place in such territory, region or locality, as the case may be. It may be noted that any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication is it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be. According to the Geographical Indication of Goods (Registration and Protection) Act, 1999, the organizations or companies who register their geographical indications enjoy various advantages from the registration, including: Registered geographical indications have the exclusive right to access or use G.I.'s products during the business. Authorized users enjoy the right to sue for infringement. It provides legal protection to geographical signs in India. Prevents unauthorized use of registered geographical indications by others. It provides legal protection to Indian geographical signals which in turn promotes exports. It promotes the economic prosperity of producers of goods produced in a geographical area. A registered owner can also approach for legal protection in other WTO member countries. It provides legal protection to the respective goods in domestic as well as in international markets. "Producer in relation to goods, means any person who, if such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods; if such goods are natural goods, exploits the goods; if such goods are handicraft or industrial goods, makes or manufactures the goods; and includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods. [Section 2(1)(k)] For the registration of a geographical indication, any association of persons, producers, organisation or authority established by or under the law can apply. The applicant must represent the interest of the producers and the application should be in writing in the prescribed form. The application should be addressed to the Registrar of Geographical Indications along with prescribed fee. Section 8 of the Act provides that a geographical indication may be registered in respect of any or all of the goods, comprised in such class of goods as may be classified by the Registrar and in respect of a definite territory of a country, or a region or locality in that territory, as the case may be. The Registrar may also classify the goods under in accordance with the International classification of goods for the purposes of registration of geographical indications and publish in the prescribed manner in an alphabetical index of classification of goods.

Topics: Geographical Indications

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