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Geographical Indications SNS COLLEGE OF ENGINEERING Kurumbapalayam (Po), Coimbatore – 641 107 AN AUTONOMOUS INSTITUTION Accredited by NBA – AICTE and Accredited by NAAC – UGC with ‘A’ Grade Approved by AICTE, New Delhi & Affiliated to Anna University, Chennai Geographical Indications Outline Geographical Indications (GI) Types of GI Why GI needs to be protected? Advantages of GI How are GIs Protected? WIPO and GI GI in India Registration process GI in Tamil Nadu What is Geographical Indication? Geographical indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country) Examples: Basmati rice, Swiss watches etc “Porto”, “Havana”, “Tequila” and “Darjeeling are some well- known examples of names associated throughout the world with products of a certain nature and quality, known for their geographical origin and for having characteristics linked to that origin. Can geographical indications only be used for agricultural products? HISTORY OF GI • First GI system used in France – 20th century--appellation d'origine contrôlée (AOC). – Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins and standards of the product to the consumer. – E.g: Gruyere cheese (from Switzerland) and many French wine 7 Geographical indications have long been associated with the concept of terroir and with Europe as an entity, where there is a tradition of associating certain food products with particular regions EU quality logos Under European Union Law, the protected designation of origin framework which came into effect in 1992 regulates the following systems of geographical indications: Protected designation of origin (PDO), Protected geographical indication (PGI) and Traditional Specialities Guaranteed (TSG) Types of GI .Protected designations of origin (PDO): covers agricultural products and foodstuffs which are produced, processed and prepared in a given geographical area using recognised know-how. .(require all stages of the food production process to be carried out in the area concerned) .“Huile d’olive de Nyons” and “Shetland lamb” Protected Geographical Indication (PGI): covers agricultural products and foodstuffs closely linked to the geographical area. At least one of the stages of production, processing or preparation takes place in the area, while the raw materials used in production may come from another region Eg- Arancia Rossa di Sicilia” Traditional Specialties Guaranteed (TSG): highlights traditional character, either in the composition or means of production. So, what is the difference? A certain product could potentially obtain a PDO if all the stages of production, processing and preparation are carried out in a defined geographical area. If one of this stages is done outside this geographical area (for example, packaging) the product could obtain a PGI. If the product and its ingredients are not directly linked to a specific geographical area, but traditionally the know-how or composition is recognised, the product could obtain a TSG. Why GI is to be protected Denote quality and origin of products Good reputation for the product Preventing the product from generic products Protecting the domestic market from competitors Advantages of GI Legal protection and preventing from unauthorized use Benefits for farmers and local producers Boost the rural development Reduces unfair practices of trade Preserving local culture and resources Provides complete information to consumers How are GIs protected In accordance with international treaties and national laws under a wide range of concepts: special laws for the protection of geographical indications or appellations of origin trademark laws in the form of collective marks or certification marks laws against unfair competition consumer protection laws, or specific laws or decrees that recognize individual geographical indications. CONDITIONS TO GET GI It relates to a good although, in some countries, services are also included; These goods/services must originate from a defined area; The goods/services must have qualities, reputations or other characteristics which are clearly linked to the geographical origin of goods. 16 What cannot be registered under GI The following are the prohibitions to registration of certain GI:- the use of which would be likely to deceive or cause confusion; or the 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 are determined to generic names or indications of goods and are, therefore, not or ceases to be protected in their country of origin, or which have fallen in to 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. Roquefort cheese The unique blue cheese from France is aged in natural caves around the Roquefort-sur-Soulzon region and protected using geographical indications. Pinggu peaches The Pinggu district north of Beijing, China, bills itself as the biggest peach farm in the world, providing employment for over 150,000 people International Agreements and Organizations on Geographical Indications The World Intellectual Property Organization (WIPO) is the global forum for intellectual property services, policy, information and cooperation. Role of WIPO It is an international organization dedicated to ensuring the rights of creators and owners of the intellectual property are protected worldwide, and the inventors and authors are thus recognized and rewarded for their ingenuity WIPO and GI International treaties: part or entire protection of geographical indications. Relevant treaties administered by WIPO Paris Convention Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods Lisbon Agreement Protocol Relating to the Madrid Agreement Overview of the TRIPS Agreement on the WTO website Paris Convention for the Protection of Industrial Property The Paris Convention, adopted in 1883, applies to industrial property in the widest sense, the repression of unfair competition. This international agreement was the first major step taken to help Madrid Agreement for the creators ensure that their Repression of False or Deceptive intellectual works were protected Indications of Source on Goods in other countries. According to the Madrid Agreement, all goods bearing a false or deceptive indication of source, must be seized on importation, or such importation must be prohibited, or other actions and sanctions must be applied in connection with such importation Lisbon Agreement for the Protection of Appellations of Origin and their International Registration Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (which also provides for the international registration of certification marks) The TRIPS Agreement - (came into effect on 1 January 1995): addresses the international protection of GIs within the framework of the World Trade Organization (WTO) The three main features of the Agreement are Standards Enforcement Dispute Settlement . Through the work of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) is the forum where WIPO's member states discuss policy and legal issues relating to the international development of law and standards for geographical indications and appellations of origin. Delegates at a meeting of the SCT (Photo: WIPO). The WIPO international/worldwide Symposia, (held every two years). WIPO GOLD is a free public resource which provides a one- stop gateway to WIPO’s global collections of searchable IP data. WIPO GOLD GI in India In India the Geographical Indications of Goods (Registration and Protection) Act, 1999 came in force with effect from September 2003. Process of registration in India: Producers dealing with the following three categories of goods can apply: Agricultural Goods includes the production, processing, trading or dealing Natural Goods includes exploiting, trading or dealing Handicrafts or Industrial goods include making, manufacturing, trading or dealing Productwise distribution of GIs registered in India till 15 August 2009 Product category No. of registered GIs 1. Handicrafts 73 2. Agricultural Products 24 3. Manufactured Products 6 4. Horticulture 2 5. Foodstuff 1 Total GIs registered 106 How to apply The application must be filed at the Office of the GI Registry located in Chennai Geographical Signification of the Indication Class of goods Geographical Area Details of the appearance Particulars of the producers Affidavit deposing the Applicant’s right to become the Registrant Geographical Indications Registry Intellectual Property Office Building Industrial Estate, G.S.T Road Guindy, Chennai – 600 032 Ph: 044 – 22502091-93 & 98 Fx : 044 – 22502090 E-mail: [email protected] Website : ipindia.gov.in The Registrar will have the Application examined. Published in the GI journal. Notice of Opposition within a maximum period of four months of publication in the Journal. If the Registrar accepts the Application then a certificate of registration issued. The registration of a geographical indication is valid for
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