Thursday 30 April 2020

Registered Proprietors And Authorised Users of Geographical Indications (GIs) #OdishaGI #KnowYourGI

A Geographical Indication certificate/tag is used to identify goods having unique or special characteristics and originating from a definite geographical area.

In December 1999, Parliament passed the Geographical Indications of Goods (Registration and Protection) Act 1999. This Act seeks to provide for the registration and protection of Geographical Indications relating to goods in India. This Act is administered by the Controller General of Patents, Designs and Trade Marks, who is the Registrar of Geographical Indications. The Geographical Indications Registry is located at Chennai.

About Geographical Indication (GI)
GI is an indication that:
·  Is used to identify agricultural, natural, or manufactured goods originating in a specific area,
·  Originates from a definite territory in India (or world),
·  Has a special quality or characteristics unique to the geographical indication.
Sambalpuri Bandha Saree - GI of Odisha, India
Some examples of Geographical Indications of India:
Darjeeling Tea, Basmati Rice, Sambalpuri Bandha Saree & Fabrics, Nagpur Orange, Odisha Rasagola etc.
Applicant of a GI
Any association of persons, producers, organization or authority established by or under the law can submit GI application. The applicant must represent the producers’ and community interests.

Registered Proprietor of a GI
Any association of persons, producers, organization or authority established by or under the law can be a Registered Proprietor.
Their name is entered in the Register of Geographical Indications as “Registered Proprietor” for the Geographical Indication they represent and the application that they have submitted.

Authorised User of a GI
A producer of goods can apply for registration as an Authorised User, with respect to a registered Geographical Indication.  

One may think that user of a GI is the customer- one who uses the GI product!
However, the producer or promoter is the Authorised User.
Sambalpuri Bandha Saree - GI of Odisha, India
Producer in relation to a GI
Producer deals with these three categories of goods-
Agricultural Goods including the production, processing, trading or dealing.
Natural Goods including trading or dealing.
Handicrafts or industrial goods including making, manufacturing, trading or dealing.

Registration of a GI
GI registration offers better legal protection for action for infringement.

Advantages of GI Registration  
GI Registration equips better legal protection to facilitate an action for infringement.
The Registered Proprietor and Authorized Users can initiate infringement actions.
The Authorized Users have the exclusive rights to use the Geographical Indication in relation to goods in respect of which it is registered.

GI Registration Validity
The registration of a Geographical Indication is for a period of 10 years.
Renewal is possible for further periods of 10 years each. If a registered Geographical Indications is not renewed, it can be removed from the register.

Infringement of Registered GI  
A registered GI is infringed when-
- unauthorized use indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods that misleads the public as to their geographical origins.  
- use of Geographical Indication results in unfair competition including passing off in respect of registered Geographical indication.  
- use of another Geographical Indication results in a false representation to the public that goods originate in a territory in respect of which a Geographical Indication relates.

In the above cases, the Registered Proprietor or Authorised Users of a registered Geographical Indication can initiate an infringement action.

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.

To earn the GI tag, aspiring Registered Proprietors/Authorised Users need to go through an elaborate Registration Process as follows:

Their details are then on the GI Registry site. They earn the certificate.

Proud to be the first GI Authorised User (GIAU) of Orissa Ikat.
This is how an Authorised Certificate looks like:
U For- User
Authorised Users & Registered Proprietors of GIs

I am writing A-Z posts about the Geographical Indications (GIs) of Odisha #OdishaGI.
GI is a distinctive certificate used to identify a product as originating from a particular region or locality that has specific qualities, reputation or other unique characteristics. GI products are linked with the culture, traditions, history etc. of a geographical location. 
Only when info is shared, people can learn and be aware.
This is my sincere attempt to share information about the GI Tags of Odisha.
You can check out my other GI posts here.
My previous #AToZChallenge posts here.
Let us all use GI products - the "invaluable treasures of incredible India", and encourage our artisans, weavers, and farmers.
Are you aware of the Geographical Indications of India? 
Had you heard of "Authorised Users and Registered Proprietors of GIs"?
Please do share in the comments below.

1 comment:

  1. You have provided very important technical information about GI products. This will be helpful to all stakeholders.


Your words mean a lot to me.

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