Geographical Indication Registration & Renewal in India
The registration of GI, though not compulsory, offers better legal protection to facilitate an action for infringement.
Geographical Indication Registration
Where no Notice of Opposition is filed to an application for the registration of a geographical indication advertised or re-advertised in the Journal within the period specified or where an opposition is filed and it is dismissed and the appeal period is over, the Registrar shall, enter the geographical indication in Part A of the Register on receipt of a request.
After registration, the registered proprietor can exercise the exclusive rights to use the GI and prevent others from using the GI without his permission. He can also initiate infringement action against the infringers.
GI registration benefits in India
GI confers legal protection to goods in domestic as well as international market.
It prevents the unauthorized use of a Registered Geographical Indication by others
As legal protection is provided to Indian Geographical Indications, the export is promoted.
It returns financial benefits to the producers of goods produced in a geographical territory.
A registered proprietor can also seek legal protection in other WTO member countries.
- An application for the renewal of a geographical indication (GI) or an authorized user of a registered GI can be made at any time not more than six months before the expiration of the last registration of the GI or the authorized user;
- If no application for renewal of the registration of a GI or of an authorized user together with the prescribed fee has been received, the Registrar shall notify the registered proprietor or the authorized user, as the case may be, within a period of not less than one month and not more than three months before the expiration of the last registration, of the approaching expiration of the GI and the renewal due;
- If at the expiration of last registration of a GI or an authorized user, the renewal fee has not been paid, the Registrar may remove the GI or the authorized user, as the case may be, from the register and advertise the fact forthwith in the Journal.
- Provided that the Registrar shall not remove the GI or the authorized user from the Register if an application is made within six months from the expiration of the last registration of the GI or the authorized user.
|On what payable||Amount||Corresponding Form|
|On application for registration of a geographical indication in one class||INR 5000||GI-1|
|On application for registration of a geographical indication in one class from a convention country||INR 5000||GI-1|
|On a single application for the registration of a geographical indication for goods in different classes||INR 5000 for each class||GI-1|
|On a single application for the registration of a geographical indication for goods in different classes from a convention country||INR 5000 for each class||GI-1|
List of registered geographical indications as published by the IPO on October 25, 2017 can be accessed here.
Geographical Indication Rights in India