Geographical Indication Services
Process of filing an application and grant of Geographical Indication Certificate involves the following steps as detailed in the flow chart herein below:


Object of the Geographical Indications of Goods (Registration And Protection) Act, 1999 is to provide for the registration and better protection of geographical indications relating to goods in India. It is an indication of goods originating from a definite geographical territory. It is used to identify agricultural, natural or manufactured goods; the manufactured goods should be produced or processed or prepared in that territory and have a special quality or reputation. The primary purpose of this Act is to provide legal protection to Indian Geographical Indications which in turn boost exports. Registration of Geographical indication promotes economic prosperity of producers of goods produced in a geographical territory. Examples of geographical indications are Basmati rice, Darjeeling tea, Kanchipuram silk sari, etc.

The registration of a geographical indication is not compulsory, however, it better legal protection to facilitate an action for infringement. The registered proprietor and authorized users can initiate infringement actions. The authorized users can exercise the exclusive right to use the geographical indication.

Term of Registration and Renewal
An authorized user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered for an initial period of 10 years which is renewable for a further period of 10 years. If a registered geographical indication is not renewed, it is liable to be removed from the register

Who Can Apply?
Any association of persons or producers, or any organization or authority established by or under the law, can apply to register a geographical indication. The applicant must represent the interests of the producers. Producers are parties that work with the following categories of goods:

agricultural goods, including production, processing, trading or dealing; natural goods, including exploiting, trading or dealing; and handicrafts or industrial goods, including making, manufacturing, trading or dealing. Prescribed Form

Transfer/Assignment
A geographical indication is a public property belonging to the producers of the concerned goods. It shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement. However, when an authorized user dies, his right devolves on his successor in title.

List Of Information Required For Geographical Indication Registration

Name & address of the applicant. Name of the articles to which the indication is to be applied. Time of usage by the user. The applicant shall file an affidavit testifying to such user with exhibits showing the geographical indication as used, the volume of sales under that geographical indication, the definite territory of the country, region or locality in the country to which geographical indication relates, etc. Representation of the geographical indication in the space provided on the application form for that purpose provided the size of such representation shall not exceed 33 centimeters by 20 centimeters with a margin of 4 cm. on the left hand side. A geographical signification of the indication regarding the goods, explaining how the indication serves to designate the goods as a geographical indication; the class of goods. The geographical area. Details of the appearance of the goods. The particulars of the producers. An affidavit setting out the applicant's right to become the registrant. Special characteristics of the geographical indication. A certified copy of the map of the territory. Growth attributes in relation to the geographical indication. Special human skills involved. The number of producers. Details of any inspection structures to regulate use of the geographical indication.

Infringement of Geographical Indications
Once the geographical indication is registered, it gives a legal right to bring an action against those persons who infringe the indication. The registered proprietor of the geographical indication has the right to file a suit for infringement or passing off and can claim any damage to which he is legally entitled to.

The suit for infringement or passing off etc may be filed in a District Court. The relief which a court may grant in any suit for infringement or for passing off includes injunction (subject to such terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or account of profits, together with or without any order for the delivery- up of the infringing labels and indications for destruction or erasure.

A registered geographical indication is infringed if an unauthorized user uses it to indicate or suggests that certain goods originate from a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the goods, or when use of the geographical indication results in unfair competition. This includes passing off in respect of a registered geographical indication, or when the use of another geographical indication results in false representation to the public that goods originate from a territory in respect of which there is a registered geographical indication. The registered proprietor or the authorized users of a registered geographical indication can initiate an infringement action

When an application is filed, the registry will allocate a number to the application. The application is then examined to check whether it meets the legislative requirements. The registrar may set up a consultative group of experts to ascertain the correctness of information provided. The registry will then issue an examination report and the applicant's submission will be considered before an application is accepted or rejected. If no objections are raised the application will be accepted and published in the Geographical Indications Journal. Opposition to the geographical indication must be lodged within four months (consisting of three months plus a one-month extension). If no opposition is filed, or if the opposition is dismissed, the application will proceed to registration in Part A of the register unless the government directs otherwise.

Once a geographical indication has been registered, any person claiming to be a producer of goods covered by the registered geographical indication can file an application for registration as an authorized user in Part B of the register. The procedure for registration as an authorized user is similar to that for the registration of a geographical indication.

Enforcement Of Intellectual Property
The cutting edge of the firm also includes the enforcement team, which boasts of a considerable experience in al kinds of intellectual property enforcement in a broads spectrum consisting of diversified products and services. Vast experience coupled with understanding of counterfeiting in various industries be it FMCG, pharmaceuticals, entertainment, software, hardware etc. is perhaps what makes the firm's enforcement services unique. Members of the enforcement team in addition to of having an in-depth knowledge of the functioning of enforcement agencies such as CBI, Police Forces of States, have built a good rapport with such agencies. Enforcement team has the capability and experience of successfully conducting simultaneous multiple actions pertaining to infringement of intellectual rights in different reasons of the country. The firm through its enforcement team offers its clients an answer to the problems of piracy/infringement by way of liaisons and coordination with leading private as well as state controlled investigation houses

Apply For Our Services