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FILING GEOGRAPHICAL INDICATION APPLICATIONS IN INDIA

 

INDIAN IP LAWS

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A. Application for Registration of GI

 

Every application for the registration of a geographical indication is to be made in the prescribed form for single class or for multiple classes and accompanied by the prescribed fee. 

 

The application is required to be signed by the applicant or his agent.

 

It must be made in triplicate along with three copies of a Statement of Case accompanied by five additional representations.

 

Specification, Description of goods giving its uniqueness and geographical linkage, method of production, proof of origin, present scenario of the GI product etc. are made as statement of case.

 

B. Type of Applications

  • Ordinary Application: An application which has been filed to register a GI of India

  • Convention Application: An application filed for registration of GI from a convention country, along with proof of registration/ filing of that GI in home country.

  • Single Class Application: An application which has been filed to register for specification of goods included in one class.

  • Multi Class Application: A single application filed for registration of GI for different or more than one classes of goods.

C. Content of Application

  • The Application for registration of GI is in triplicate and is 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;

  • Details of all the applicants 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;

  • 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.

The Convention Application should contain the following:

  • A certificate by the Registry or competent authority of the Geographical Indications Office of the convention country;

  • The particulars of the geographical indication, the country and the date or dates of filing of the first application;

  • The application must be the applicants’ first application in a convention country for the same geographical indications and for all or some of the goods;

  • The application must include a statement indicating the filing date of the foreign application, the convention country where it was filed, the serial number, if available.

The statement contained in the application shall also include the following:

  • Specification- A brief statement describing the special characteristics and quality parameters of the goods;

  • Description of goods giving its uniqueness and geographical linkage;

  • Method of production including the process involved, raw materials and tools, packaging specialty etc.;

  • Uniqueness of the product by comparing it with other similar products;

  • Historic proof in the form of documentary evidence to prove the existence of the Geographical Indication;

  • Detail of inspection body set-up by the Applicant to monitor the production in respect of quality, integrity and consistency of the product as well as genuine use of the GI;

  • Present scenario of the GI product.

In case of a homonymous indication, the material factors differentiating the application from the registered geographical indications and particulars of protective measures adopted.

 

D. Jurisdiction

 

All Applications, notices, statements or other documents or any  fee authorized or required to be filed, served, left, made or given  under the Act or Rules, shall be made, served, left, sent or paid at  the office of  Geographical Indications Registry, Intellectual  Property Office Building, G.S.T. Road, Guindy, Chennai  – 600032

            

E. Signing of documents

     

In case of

  • An association of persons or producers the documents shall be signed by the authorized signatory.

  • A body corporate or any organization or any authority established by or under any law for the time being in force the documents shall be signed by the Chief Executive, or the Managing Director or the secretary or other principal officer.

  • In case of partnership it shall be signed by at least one of the partners.


For more information on Geographical Indications application in India please write to us at: info@ssrana.com

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