Geographical Indications of Goods (Registration and Protection) Act, 1999
The Geographical Indication (GI) Law in India is primarily governed by the following:
a. Geographical Indication of Goods (Registration and Protection) Act, 1999
b. The Geographical Indications of Goods (Registration and Protection) Rules, 2002
The Act was enacted by the Parliament on December 30, 1999 with the objective to provide for the registration and better protection of GI relating to goods.
Important Definitions under the Act
“Producer” in relation to a Geographical Indication – Producer in relation to goods, means any person who,–
a) If such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods;
b) If such goods are natural goods, exploits the goods;
c) If such goods are handicraft or industrial goods, makes or manufactures the goods,
d) It also includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods.
“Authorized User” – Any person claiming to be a producer of the goods in respect of which a geographical indication has been registered may apply for registration as an authorized user.
“Registered Proprietor” – Any association of persons or of producers or any organization or authority established by or under the law can be a registered proprietor.
Register of Geographical Indications- The GI Act provides for the Register of Geographical Indications, which is kept at the Registry, wherein entry is made of all registered GIs alongwith the names, addresses and description of the proprietors.
The Act also prohibits registration of certain GI’s like:
- the use of which would likely to deceive or cause confusion; or
- use of which would be contrary to any law for the time being in force; or
- which comprises or contains scandalous or obscene matter; or
- which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or
- which would otherwise be disentitled to protection in a court; or
- which are determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their country of origin, or which have fallen into disuse in that country; or
- which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be
The Geographical Indication Act can be accessed https://ssrana.in/wp-content/themes/ssrana/images/GI-Act.pdf
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