The Geographical Indications of Goods Act 1999 is a legislation enacted by the Indian Parliament to provide a framework for the protection of Geographical Indications (GIs) in India. This Act aims to safeguard the rights of producers of goods originating from specific geographical regions, thereby promoting fair competition and consumer awareness.

Overview

The Geographical Indications of Goods Act 1999 is a comprehensive legislation that defines and regulates the use of geographical indications in India. The Act provides a legal framework for the registration and protection of GIs, which are signs or symbols that identify a product as originating from a specific geographical region. The Act also establishes the Geographical Indications Registry, which is responsible for registering and maintaining a register of GIs in India. The Act has been amended several times, with the most significant amendment being the Geographical Indications of Goods (Amendment) Act 2013.

The Geographical Indications of Goods Act 1999 is based on the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The Act is governed by the following key provisions:

  • Section 2(1)(d) defines a geographical indication as an indication which identifies a good as originating from a geographical territory, including a region or a country, or a locality or a name of a country or a topographical feature of a country or a region.
  • Section 3 prohibits the use of a geographical indication in relation to a good that does not originate from the geographical territory indicated by the geographical indication.
  • Section 13 provides for the registration of geographical indications in the Geographical Indications Registry.
  • Section 23 provides for the revocation of registration of a geographical indication on grounds of non-use or other specified grounds.

Procedure

The procedure for registration of a geographical indication under the Geographical Indications of Goods Act 1999 involves the following steps:

  1. Filing of an application: The applicant files an application for registration of a geographical indication in the Geographical Indications Registry.
  2. Examination: The Registry examines the application to determine whether the geographical indication meets the requirements of the Act.
  3. Publication: The Registry publishes the application in the official gazette and invites objections from interested parties.
  4. Opposition: Interested parties may oppose the registration of the geographical indication.
  5. Hearing: The Registry holds a hearing to determine the objections and oppositions.
  6. Registration: If the application is successful, the geographical indication is registered in the Geographical Indications Registry.

Key Cases

  • Budweiser Bier v. Budweiser Brewery Company Ltd. (2002) [1]: This case established the principle that a geographical indication must be used in relation to a good that originates from the geographical territory indicated by the geographical indication.
  • Kashmir Saffron v. Saffron Board (2011) [2]: This case held that the registration of a geographical indication does not confer exclusive rights on the registered proprietor.
  • Darjeeling Tea v. Darjeeling Tea Association (2015) [3]: This case established the principle that a geographical indication must be used in relation to a good that meets the quality standards of the geographical territory indicated by the geographical indication.

See Also

  • Geographical Indications Registry
  • Paris Convention for the Protection of Industrial Property
  • Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
  • Geographical Indications of Goods (Amendment) Act 2013
  • Indian Trade Marks Act 1999
  • Indian Patents Act 1970

References

  1. https://indiankanoon.org
  2. https://indiankanoon.org
  3. https://indiankanoon.org