By Pooja Thakur and Ananyaa Banerjee
The Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) vide notification G.S.R. 528(E) dated 26th August, 2020 have amended the Geographical Indications of Goods (Registration and Protection) Rules, 2002. These rules will now be called the Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2020 (hereinafter referred to as ‘GI Rules 2020’).
GI Rules 2020- Key amendments
- Only proposed authorized user can file application – The GI Rules 2020 has substituted Rule 56 as:
- Authorised User.-
(1) An application for registration of authorized user under section 17 may be made to the Registrar in Form GI-3 accompanied by a statement of case as to how the applicant claims to be the producer of the registered geographical indication.
(2) A copy of application made under sub-rule (1) shall be forwarded to the registered proprietor of geographical indication and intimate the same to the Registrar.
- Amendment in Rule 59 titled ‘Registration of an authorised user entry in the Register’ – It has amended Rule 59(1). For the registration of an authorized user entry in the register, where an opposition is filed and dismissed the registrar can enter the authorized user in Part B of the register and shall issue a registration certificate with the seal of Geographical Indication Registry. The position before the amendment was that the Registrar had to wait till the end of the appeal period after the opposition is dismissed to enter the authorized user in Part B of the register and the same was to be done with the prescribed fees but the draft amendment rules seek to remove the appeal period obligation along with removal of the fees that is charged currently. Further it amended Rule 59(3) as a result of which the unmounted representation of the geographical indication will now not be required at the time of registration.
- No fees for registration of an authorized user of a registered GI – In Schedule I, under Entry 3A, the fees to be paid for the registration of an authorized user of a registered geographical indication is proposed to be reduced from INR 500 (7 USD Approx.) to INR 10. Similarly, the fees for renewal under Entry 3C of Schedule I is proposed to be reduced from INR 1000 (14 USD Approx.) to INR 10. Further, Entry 3B in Schedule I is deleted to cancel the fees charged for the issuance of certificates.
One of the highlights of the amendment is that it will further strengthen the Intellectual Property Ecosystem as it has reduced the fees to be paid for the GI registration process and has further eased the procedure for registration of an authorized user of the registered geographical indication.
The Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2020 can be accessed over here.