This Act seeks to provide for the registration and better protection of geographical indications relating to goods in India. However, a new Geographical Indications Act 2022 ("new GI Act"), which effectively repeals the previous Act, came into operation on 18 March 2022. A geographical indication (GI) is a sign used on products that come from a particular geographical location and which possess a quality, reputation or other characteristic linked to that location. The GI Act also confers rights to a registered proprietor of a geographical indication where the registered proprietor has the right to use the geographical indication and authorise other persons to . A GI is registered for an initial period of ten years, which may be renewed from time to time. The Geographical Indications of Goods (Registration and Protection) Rules, 2002. [17] In case of second and for every subsequent offence, a person can be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. q%z@|p\MtEgA*&"N`pkuBC%e Your email address will not be published. (c) which comprises or contains scandalous or obscene matter; or. 38 Persons who may apply for registration, 39 Application for registration of geographical indications, 40 Registration only in respect of prescribed categories of goods, 42 Registration of homonymous geographical indications, 45 Publication and opposition proceedings, 46 Requests for qualification to be entered in register, 47 Withdrawal or amendment of application, 48A Application for limitation of scope to be entered in register, 52 Cancellation of registration of geographical indication, 53 Transfer of registration of registered geographical indication, 56 Request for detention of suspected infringing goods, 57 Security for liability or expense of detention, storage and disposal, 61 Compulsory release of detained goods to importer or exporter, 62 Compensation for failure to take action, 64 Retention of control of detained goods, 67 Detention and examination of suspected infringing goods, 68 Powers of inspection in relation to vehicles, 70 Power to remove packages and goods to examination station, 71 Inspection of baggage and belongings on person, 72 Powers of authorised officers to enter certain premises, 75 Registration to be prima facie evidence, 76 Certificate of validity of contested registration, 79 Burden of proving use of registered geographical indication, 83 Minister may designate other qualifying countries. Section 3. act, 1999 defines "geographical indication, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation (2) It extends to the whole of India. 1051(E), dated 15th September, 2003, see Gazette of India, Extraordinary, Part II, sec. under the section 2 (e) of the g.i. Registrar of Geographical Indications. Court means the General Division of the High Court; earlier geographical indication, in relation to an application for registration of a geographical indication made under section39 (called in this definition the application in question), means a geographical indication, which has been registered under section48; or. 3(ii). What is the GI Act ? when used as a verb, to enter in the register; registered geographical indication means a geographical indication that is registered under section48; registered trade mark means a trade mark registered under the Trade Marks Act1998; registrant, in relation to a registered geographical indication, means the person in whose name the geographical indication is registered; Registrar means the Registrar of Geographical Indications appointed under section17 and includes any Deputy Registrar or Assistant Registrar of Geographical Indications appointed under that section; Registry means the Registry of Geographical Indications established under section19; repealed Act means the Geographical Indications Act (Cap. We have no control over the nature, content and availability of those sites. Department of Promotion of Industry and Internal Trade. (2) It extends to the whole of Pakistan. The Geographical Indications of Goods Act is designed to protect the use of such geographical indication from infringements by others and protect the consumers from confusion and deception through the process of registration of such indication by law. A Geographical Indication (GI) is a name of agricultural product, and from which a specific geographical origin and established characteristics such as the quality that are linked to that origin are identified. If there is no opposition, the Registrar will grant a certificate of registration to the applicant and authorised users. On paper, the law existed but there were no regulations to bring this Act to full [] 117B, 1999 Revised Edition) repealed by this Act; trade mark has the meaning given by the Trade Marks Act1998; trader, in relation to goods, means any person. In this Act. Title. The Geographical Indication (Registration and Protection) Act, 2020 was enacted to provide for registration and protection of geographical indications of goods for public interest and advancing the economic reform and development of the least developed areas of Pakistan. Geographical Indications 2000 Act 602. In Japan, there are many regional brand products which are high quality and have obtained reputation as a result of unique production methods and natural characteristics of . . a. Geographical Indication of Goods (Registration and Protection) Act, 1999. b. Section 2. Registrar shall, within three months of acceptance may advertise the application in the GI Journal. hG If you continue to use this site we will assume that you are happy with it. 9lj7iPaG[!f`vtk~)sz^ <> Date of Commencement: 21st November 2022 Part 6. : 48. Remedy for groundless threats of proceedings regarding use of misleading geographical indication. Geographical Indications Registry and offices thereof. Prohibition of registration of certain geographical indications. When geographical indication regarded as misleading. Darjeeling tea became the first GI tagged product in India, in 200405, since then 370 goods had been added to the list as of August 2020. A- Block, C.G.O. While we endeavour to keep the information provided here up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Witness giving false evidence before Registrar. This Website belongs to Legislative Department, Ministry of Law and Justice, Government of India. In India the Geographical Indications of Goods (Registration and Protection) Act, 1999 came in force with effect from September 2003. 1. The Geographical Indications of Goods (registration and Protection) Rules, 2002, The Geographical Indications of Goods (Forms & making an appeal and fees therefore) Rules, 2013. Revised Editions of Subsidiary Legislation, This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021. which would likely to deceive or cause confusion, which would be contrary to any law for the time being in force; or, which comprises or contains scandalous or obscene matter; or, which comprise 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, falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be, This page was last edited on 11 July 2022, at 11:42. Acts yearwise: List Of Acts Of 1999. Geographical Indications also help to preserve the traditional cultures of the regional areas as products identified by a GI are often the result of traditional processes and knowledge carried forward by a community in a particular region from generation to generation. This Act may be cited as the Geographical Indications Act [Chapter 26:06]. The Geographical indication act,1999 was enforced with effect from 15th September 2003. Register of Geographical Indications. Further, registration gives right to institution of suit against infringement and recovery of damages for such infringement. 4 Salient Features of the Geographical Indication Act 2013 and Its Compatibility with TRIPS . to offer, advertise, keep, possess, expose, consign or deliver for sale; to barter, exchange, supply or dispose of for any consideration, direct or indirect. % []7^yu2XVV(yY)xYje(t>}B[ FY:jBLVyP(B+l Geographical Indications Act, the respondents are not entitled to maintain an application for rectification is required to be stated to be rejected.The aforesaid contentions were not raised either.Trade Marks Act.Article 22 of TRIPS requires member states to make provisions for protecting geographical indications and make provisions for preventing the acts resulting in unfair. Purpose This paper aims to assess the impact of protected geographical indications (GIs) on the trade performance of South Africa's wine industry within the European Union (EU). It prevents others from using GI tag products without permission. Remedies available in proceedings regarding use of misleading geographical indication. Examples of Indian Geographical Indications are Darjeeling Tea, Kanchipuram Silk Saree, Alphanso Mango, Nagpur Orange, Kolhapuri . (2) This Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette. (1) The Act may be called the Geographical Indications (Registration and Protection) Act, 2020. 3 0 obj who supplies the goods in Singapore for the purpose of their being sold by another person in Singapore; use means use as part of, or in connection with. Last Update: October 15, 2022 . PART III. The Geographical Indications Act and Regulations 2022 have come into force on 18 March 2022, and repealed the Geographical Indications Act 2000 and Regulations 2001. It shall not be assigned or transferred, pledged, mortgaged to others. The GI Act 2013 Footnote 48 has recently been adopted in Bangladesh. a registrar referred to in subsection (3) of section, an officer who is exercising a function which the Controller has directed, in terms of subsection. <>>> In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits or any other patrimonial loss arising out of, or in connection with, the use of this website. (2)Sections4(6) to (9), 75, 76 and 79, Division2 of Part3, Division2 of Part5, and Part6 only apply to registered geographical indications. Your use of this website constitutes acceptance of the Terms of Use and Privacy Policy. This new GI Act seeks to provide a wider scope of protection to GI proprietors and more clarity in relation to the examination procedure for the registration of GIs. area includes a country, region locality or place; Controller means the Controller of Patents, Trade Marks and Industrial Designs referred to in paragraph (a) of subsection (2) of section 3 of the Patents Act [Chapter 26:03]; geographical indication means an indication, however expressed, which identifies a product as originating in a particular area, where some quality, reputation or other characteristic of the product is essentially attributable to its geographical origin; Journal means the Patent and Trade Marks Journal published in terms of section 95 of the Patents Act [Chapter 26:03]; Minister means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act; misleading geographical indication means a geographical indication that is misleading as described in section three; package means anything in or by which a product is covered, contained or packed; product means any natural or agricultural product or any product of handicraft or industry; Register means the Register of Geographical Indications kept at the Trade Marks Office in terms of section seven; registered means registered in the Register in terms of this Act; Registrar means (a) the Controller; or. However, ZiMutemo (Pvt) Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. Answer:- No. Q99U%Y3PVr~oTZ?fS@EGX0hd_K5 Any reliance you place on such information is therefore strictly at your own risk. The GI Act repeals and replaces the Geographical Indications Act 2000 and provides for the protection and registration of geographical indications in relation to goods, and for the implementation of relevant treaties and related matters. according to section 2 (1) (e) of the act, geographical indication has been defined as "an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other Language Undefined . We are not affiliated with the Law Society of Zimbabwe or any other regulatory body for lawyers. Geographical Indications Act 2022. Definitions.- The Geographical Indications (Registration and Protection) Act, 1999 was enacted to provide for the registration and better protection of geographical indications relating to goods in India. The Registrar may accept, partially accept or refuse the application. 7| Md;+EWQxAE as per the (indian) geographical indications of goods (registration and protection) act, 1999 "geographical indication", in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that (2) Part 6 comes into operation on such date as the Minister may, by notification in the Gazette, appoint. According to section 2 (1)(e) of the Act, Geographical indication has been defined as "an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be."[2]. (2) Registration of a geographical indication under Part II of this Act, raises a presumpti on that the indication is a geographical indication within the meaning of section 22. It states that a particular product belongs to a particular place. The United States has found that by protecting geographical indications through the Through this website you are able to link to other websites which are not under our control. To achieve the GI tag, both the product and its quality must depend on the geographical place of production. In case of re-refusal, the applicant can make an appeal within one month of such decision. w4Y a:Xl)fm:ehHSE%MBZg +KkA fZ6sK"`: :$A "I:>"Z"r`M(BG(s E8 \B96B The Geographical Indications Bill 2021 ("the Bill") was passed by the Dewan Rakyat (House of Representatives) on 15 December 2021 and the Dewan Negara (Senate) on 22 December 2021.The Bill will become law and be known as the Geographical Indications Act 2022 ("the New Act") after it has received Royal Assent from the Yang di-Pertuan Agong.. In India, the Parliament has passed the Geographical Indications of Goods (Registration and Protection) Act, 1999 (in December 1999). 36 Publication of geographical indication applications, etc. any transaction, including a purchase, a sale or an exchange; any invoice, wine list, catalogue, business letter, business paper, price list or other commercial document; variant, in relation to a geographical indication, means a variant of the indication constituting the geographical indication, and includes any translation, transliteration or other variation of the indication; well known trade mark has the meaning given by the Trade Marks Act1998. (1)This Act is the Geographical Indications Act 2014. Defences available in proceedings regarding use of misleading geographical indication. endobj 4 Interested party may bring action for certain uses of geographical indication, 6 Order for delivery up of goods, material and articles, 7 Order as to disposal of goods, material or articles, 8 Remedy for groundless threats of proceedings under section4, 10 Homonymous geographical indications for prescribed goods, 11 Certain uses of geographical indications excepted, 15 Certain uses of registered geographical indications excepted, 16 Exceptions for prior users of registered geographical indications and trade marks, 17 Registrar of Geographical Indications and other officers, 23 Inspection of and extract from register, 25 Falsely representing geographical indication as registered, 31 Exclusion of liability in respect of official acts. USE OF MISLEADING GEOGRAPHICAL INDICATIONS, CORRECTION AND RECTIFICATION OF REGISTER AND CANCELLATION OF REGISTRATION. [3] A more complete list is available at List of Geographical Indications in India. However, ZiMutemo (Pvt) Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. P.U. (4) of section five, should be exercised by that officer; Trade Marks Office means the Trade Marks Office referred to in subsection (1) of section five; Tribunal means the Intellectual Property Tribunal established by section 3 of the Intellectual Property Tribunal Act [Chapter 26:08]. Can register geographical indication? Short title, extent and commencement. A geographical indication is a sign used on products that has a specific geographic origin and includes the qualities or reputation of that origin. Geographical indications Ravi Shekhar Indian patent act 1970 vansh raina Benefits of gi goods for a nation M S Siddiqui Similar to Geographical indication (20) Intellectual property rights in Agriculture Agri Adhyapak Introduction to intellectual property rights Dr. Prashant L. Pingale GES's Sir Dr. M. S. Gosavi College of Pharmacy, Nashik (2)There may be 2or more variants constituting the same geographical indication. 28 April 2022. PART 1 PRELIMINARY Short title and commencement 1. (1) This Act is the Geographical Indications Act 2014. Being a member of the world economic community is was mandatory for India to have such a law. Site designed and developed by National Informatics Centre, . Section 3Homonymous Geographical Indications for Wines. 2 0 obj Publication of application and opposition thereto. Your use of this website constitutes acceptance of the. (1)Unless expressly provided otherwise in subsection(2) or elsewhere in this Act, this Act applies to all geographical indications, whether or not registered under section48. Power of Registrar to withdraw or transfer cases, etc. The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) is a sui generis Act of the Parliament of India for protection of geographical indications in India. the geographical indication in relation to the goods is of such a nature which may mislead the public as to the true place of origin of the goods. Power of Registrar to fix time and place of sitting and to adjourn proceedings. ngt 0 bp#+ yqYg 7HS`B o ! [13] However, in case of non-registered GIs, a case of passing off can be instituted. a member of the World Trade Organization; designated by the Minister as a qualifying country under section83; when used as a noun, the register of geographical indications maintained by the Registrar under section21; and. Saving of right to use certain descriptions, names or trade marks. x]]s7r}W}7T\%SZZ6M74f^`4Vy%tq}~vbWNNfb_>~^lK@WA?~%w"G 5__(?87r/]W_^ Nqa(.|9|xO5PMHar%&9 In this note, we would like to share some of the pertinent changes introduced by the Act which are highlighted as follows:- Examination of Geographical Indications The Act stipulates that Geographical Indication (GI) applications . [14] Registration acts as a prima facie evidence of validity of the indication and ownership. An Act to provide for the registration and better protection of geographical indications relating to goods. 15th September, 2003, vide notification No. GIs thus represent a collective . This Act provides for the registration and also gives protection to geographical indications that relates to goods in India. When geographical indication regarded as applied to product. (1) In the case of homonymous geographical indications for wines or other products, protection shall be accorded to each indication, subject to section 2(1)(b) of this Act. [15] The registration cannot be transferred, mortgaged, assigned or licensed, except in case of inheritance of the mark upon death of an authorised user.[16]. Section 6. as per section 2 (1) (e) of the geographical indications of goods (registration and protection) act, 1999, a geographical indication refers to an indication capable of identifying goods, including natural goods, agricultural goods, or manufactured goods, as manufactured or originating in a country's territory, or a locality or region within that Persons entitled to apply for registration. Through this website you are able to link to other websites which are not under our control. S.O. fBLu#M(Q-]n|)bDp*d4ak5 4Bl/K Section 3Homonymous Geographical Indications for Wines. The full name of GI Act 1999 is Geographical Indication and Goods (Registration and Protection) Act 1999. The Act on Protection of the Names of Specific Agricultural, Forestry and Fishery Products and Foodstuffs (Geographical Indication (GI) Act) entered into force in June 2015. Categories of goods under which geographical indication may be registered, Select the provisions you wish to print using the checkboxes and then click the relevant "Print", Please check the legislation timeline to ensure that you are viewing the correct legislation version. This act came into force in September, 2003. in relation to products of handicraft or industry, a person who manufactures those products for sale or other commercial purposes; in relation to a registered trade mark, the person in whose name the trade mark is registered; in relation to an unregistered trade mark that is a well known trade mark, the person to whom the trade mark belongs; or, in relation to a trade mark referred to in section41(5)(, qualifying country means any country or territory which is. 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. Despite the fact that the GI Act has been around since 2002, it only came into force after 2006 albeit without regulations to operationalize same. Attachment File: Download The file (303.75 KB) Act No. ZI uP(CBAUbIadL''Lzd(X`Rhm/z)^9"n:I^BI}&LoI v}[?/L8:v mFv!p>//D8{[=0n9xJIE&,X&`u7frfESLG@#-9Hv9'(yY&4XBO|X,?MSbPx2_b P):,"w0j*L>(o&U\(YK(jN(Z$I$$QDY$( $=3l?gjgP |/s+?BmjM (A) 225/2013. Ministry of Justice Legal & Parliamentary Affairs, Department Of Deeds Companies & Intellectual Property, While we endeavour to keep the information provided here up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. (3) It shall come into force on such date as the Federal Government may by notification in the Official Gazette appoint. As per Section 2 (1) (e) Geographical Indication is defined as "an indication . PART II. -. A Geographical Indication (GI) refers to a sign, name, or symbol used on products having a specific geographical origin and possessing qualities or reputation that are due to that origin itself. A GI tag represents a geographical indication. What is a geographical indication? an application for registration of which has been made under section39. before the date of the application in question; geographical indication means any indication used in trade to identify goods as originating from a place, provided that, the place is a qualifying country or a region or locality in a qualifying country; and. In order to function as a GI, a sign must identify a product as originating in a given place. Apart from the same, Section 2e of the Geographical Indication act, 1999, defines that "it is an Indication which identifies such a . Section 2. An Act to provide for the registration and better protection of geographical indications relating to goods. Deceiving or influencing Registrar or officer. u8q/ZkiUId&VeR-@,3:,X*R Its purpose is to protect the interests of the producers, manufacturers and consumers for being deceived by the falsity of the geographical origin. . In its application, India claimed that ''Basmati'' is special long grain aromatic rice grown and produced in a particular geographical region of the . Trending:Call for Papers Volume 3 | Issue 1: International Journal of Advanced Legal Research [ISSN: 2582-7340] <> Help; Website Policies; Geographical indications serve the same functions as trademarks, because like trademarks they are: 1) source-identifiers, 2) guarantees of quality, and 3) valuable business interests. . Geographical indications (GIs) are marks, signs or symbols which indicate that the associated goods: Introduction Geographical Indications (Registration and Protection) Act 2020 Comment. Part 2 PROTECTION FOR GEOGRAPHICAL INDICATIONS, Division 1 Exceptions applicable to all geographical indications, Division 2 Exceptions applicable to registered geographical indications, Part 4 REGISTRY OF GEOGRAPHICAL INDICATIONS AND ADMINISTRATION, Division 3 Powers and duties of Registrar, Division 4 Forms, fees, hours of business and publication, Part 5 REGISTRATION OF GEOGRAPHICAL INDICATIONS, Division 2 Administration of registered geographical indications, Part 7 MISCELLANEOUS AND GENERAL PROVISIONS, THE SCHEDULE The Act would be administered by the Controller General of Patents, Designs and Trade Marks - who is the Registrar of Geographical Indications. TQ/fFU`jd,b5%,Pa21cP6A>Um @ v3`V#Eik7n~Q>/3`SK`Q:lzb;{})]zo%)?=?ux[P"\U#7F(r{oWRq;f_jZDEc5Z*4L(@1-$SdjXn20(~2LOjTcK2M;%)$k9(d 6deZ;JN60#2]y8y4s07_bo4vpY1Rl|\jb7t-\kc}b'$z,"!=s)3L?7eP/gL Every effort is made to keep the website up and running smoothly. 2. The Geographical Indications of Goods {Registration and Protection} Act, was first approved on 30 th December 1999 and was commenced on 15 th September 2003. Act A1141. endobj Need for Legal Protection of Gi Exercise of discretionary powers of Registrar. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed on those sites. A geographical indication is a trademark used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. Register to be evidence of entries therein. "I am glad to inform you that Pakistan has registered Basmati Rice as a Geographical Indication (GI) under the Geographical Indications Act 2020. . All rights reserved. Home Actsofparliamentfromtheyear The Geographical Indications of Goods (Registration and Protection) Act, 1999. Power of Registrar to authorise corrections. Any person who falsely applies or falsifies any geographical indication, tampers the origin of a good, make or have in possession of dye, blocks, machines to use in falsification of GI may be punished shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakhs (200,000) rupees.