In case the Government of India is interested to protect the 'Darjeeling Tea' under the Geographical Indications of Goods (Registration and Protection) Act, 1999, how can an application be filed and what should be the co

Filing of Application An application for the registration of a Geographical Indication by the Government of India can be made in triplicate in Form GI-1(A) for single class and in GI - 1 (C) for multiple classes. A Convention Application shall be made in triplicate in Form GI-1(B) for single class and in GI - 1 (D) for multiple classes. Power of Attorney, if required. The application shall be signed by the applicant or his agent. The application is to be made to the Registrar of Geographical Indications. Contents of Application As provided in Section 11 of the GI Act, 1999, an application for registration of a GI should include the requirements and criteria for processing a GI application as specified below: A statement as to how the geographical indication serves to designate the goods as originating from the concerned territory of the country or region; The class of goods to which the GI shall apply; The geographical map of the territory or locality in which goods are originate or manufactured; The particulars of appearance of the geographical indication; Particulars of the producers; An affidavit of how the applicant claims to represent its interest in the GI; The standard benchmark for the use or other characteristics of the GI; The particulars of special characteristics; Textual description of the proposed boundary; The growth attributes in relation to the GI pertinent to the application; Three certified copies of the map of the territory, region or locality; Particulars of special human skill involved, if any; Full name and address of the association of persons or organization seeking registration; Number of producers; and Particulars of inspection structures, if any, to regulate the use of the GI. [Rule 32]. On receipt of the application, a number is allotted. Thereafter, the examiner scrutinizes the application to check whether it meets the requirements of the GI Act and the Rules. Deficiencies, if any, found through a preliminary examination would be communicated by the Examiner to the Applicant. The deficiencies need to be complied within the time limit mentioned in the communication. [Rule 31] Upon compliance of the deficiencies, the Registrar shall ordinarily constitute a Consultative Group of experts (not more than seven representatives) to ascertain the correctness of the particulars furnished in the Statement of Case. The Consultative Group is chaired by the Registrar of Geographical Indications. [Rule 33] After issuance of the Examination Report, submissions of the applicant would be considered. If no further objection is raised, the application would be accepted and published (within three months of acceptance) in the Geographical Indications Journal. [Rule 34 & 38] After advertisement of a Geographical Indication in the Geographical Indications Journal, any person may within three months oppose the registration of an application for GI. This period may be extended by a period, not exceeding one month, by making an application to the Registrar along with the prescribed fee. Such an application for extension shall be filed before the expiry of the period of three months. The Notice of Opposition shall be filed only before the Registrar of Geographical Indications at Chennai. [Section 14, Form GI-2]