GI Flashcards
who can file a GI application
(1) THE ASSOCIATION OF PERSONS REPRESENTING PRODUCERS OF THE CONCERNED GOODS
(2) ADVOCATE
(3) BYREGISTERED AGENT
registration process
- The application must be submitted in triplicate explaining why the product qualifies for GI protection (meets criteria of _______)
- Contents: Details of the Goods, Map of the Region, details of Inspection body: List of Producers
- Submission of Supporting Documents:
proving the geographical origin of the goods and affidavit that the applicant represents the interest of the producers
GI term
10 years, renewable for another 10
importance of GI
PROHIBIT UNAUTHORISED PERSONS FROM MISUSING GEOGRAPHICAL INDICATIONS
PROTECT CONSUMERS FROM DECEPTION,
*
ENCOURAGE AND PROMOTE EXPORTS OF THE GOODS BEARING INDIA GEOGRAPHICAL INDICATION
PROMOTES ECONOMIC PROSPERITY - PLAYS A ROLE IN CONSUMER DECISIONS (HIGHER PRICE FOR REGIONALLY BRANDED PRODUCTS)
registration restrictions
- deceptive or confusing signs
- contrary to law
- scandalous content
- religious sensitivities
- misrepresentation of the place of origin.
rights conferred by registration
GI holder has the right to obtain relief for infringement and the right to use the GI in connection with the registered goods.
remedies for infringed GI
- CIVIL - injunction, delivery up of INFRINGING LABELS/INDICATIONS FOR DESTRUCTION OR FORFEITURE OF GOODS, claim damages or profits
- CRIMINAL - 6 mo - 3 years prison; 50k - 200k fine
examples of infringement
Tea Board vs ITC: The Tea Board sued ITC for using “Darjeeling Lounge,” but court ruled that there was no likelihood of deception or confusion.
Banarasi Sari: weaving a Banarasi Sari and advertising it as such in region other than Varanasi constitutes an infringement.
Mysore Silk: Mysore Silk is protected by the Karnataka state government, and only government sales emporiums can sell the products.
