“The Leading Law Firm for matters relating to Geographical Indication”
Agnihotri & Jha Associates® is one of the leading IPR law firms in India. Agnihotri & Jha Associates® has been dealing with IPR matters for over two decades and have built a remarkable reputation in the industry. The team at Agnihotri & Jha Associates® has offered excellent solutions to its clients and continues to grow with most of its clients.
Geographical Indication
Geographical Indication of goods are unique intellectual property rights. Geographical Indication of goods are signs which are used on products to indicate the country or geographical region where it was originally found. Such goods possess a unique difference and are distinct from the competing products in the market.
The Geographical Indications Registry is located in Chennai and was established in the year 1999. India being a country with a rich history and heritage, it also has numerous good, products and food items which are unique to its regions. The uniqueness may be in the process of manufacturing, taste, appearance or occurrence. Some of the Geographical Indications which are popular globally are Darjeeling Tea (popular beverage), Mysore Silk(textile) and Dharwad Peda (food item).
Registration
The team at Agnihotri & Jha Associates® offers its clients a wide range of services including the Registration of Geographical Indication of goods. The registration of Geographical Indication can be done under the Geographical Indication of Goods (Registration and Protection) Act, 1999. The application for registration of Geographical Indication of goods must be made to the Registrar of Geographical Indications.
The applicant is expected to make sure that there is no conflict of interest with any other good. It is best to get the search done by industry experts or professionals like ADJ Legal who have years of experience in this exercise can make sure that the search is done efficiently.
Upon the submission of the application, there is deep scrutiny of the application. If there are any deficiencies in the application, they are intimated to the applicant. The applicant is required to revert on those deficiencies within the stipulated time period of one month. If the application is accepted by the Registrar, the Geographical Indication is published in the Geographical Indication Journal. Any party seeking to oppose the allocation of Geographical Indication can make an application stating the grounds. If the geographical indication does not receive any opposition, the Registrar shall issue the Certificate of Registration to the applicant.
The registered Geographical Indication is valid for a period of 10 years. After the expiration of the initial period of 10 years, the geographical indication can be renewed every 10 years.
Protection
The successful registration of geographical indication offers exclusive rights to the owner. The geographical indication is an effective tool to mark on the products or goods to distinguish it from other competing products in the market. Unauthorized use of the geographical indication harms the goodwill as well as the market share of the goods. Therefore, it is important that the owners are vigilant about the use of geographical indicators by other players in the market.
Remedies
The team at ADJ Legal has a dedicated team that has over numerous occasions appeared on behalf of clients in their claims of geographical indications as well as opposition. They have appeared for a wide range of clients ranging from producers to unions/associations to protect or defend their respective geographical indications. However, there is no restriction on the use of unregistered geographical indication.
There are remedies to the unauthorized use of geographical indications and the geographical indication holders are also protected under the Act. There are civil remedies available to the party, such as the right to recover damages from the infringing party, the discovery of document and injunction. There are punitive actions that can be taken against the infringing party. Particularly in cases where falsifying geographical indication of goods is done or when selling of goods to which false geographical indication is applied. In such cases, the first-time offenders may be imprisoned for the period between 6 months to 3 years and fine not less than Rs50,000 and not more than Rs.2,00,000. And in the subsequent offence, the period of imprisonment may be not less than 1 year up to 3 years and fine not less than Rs1,00,000 and not more than Rs2,00,000 may be imposed.