Meaning and concept of geographical indication
The word says for itself.
Geographical here means a specific representation of a land in a particular region or area.
Geographical indication identifies the birth place of a product.
Basically it is related to the initial origin of a particular product where it was first made , researched , introduced ,produced .
The geographical position of a product indicates the quality and nature of the product. It basically plays a vital role in setting an image of the product on the basis of it’s origin place. It lays down the fact that a particular products belong to a particular place even if it is available all over the world or country but first it originated in particular place basically from where it belongs.
The geographical place of production of that particular product speaks a lot about the quality of the product. So, there is a very fair link between the product and the place it belongs. Geographical indication of product sets a stereotypical mindset in public mind backed with the birth place of product. It is basically granted or approved to the departments of agricultural, natural manufactured or handicraft Products.
By this we can assume it is more of a man-made, labour extensive or production depending on the soil of the place by which the quality of the product can be assumed.
For example Darjeeling tea , Bikaner Bhujia production of both of these products have a place Identification in their brand name only. There are many tea and Bhujia production happening around different cities but Bikaner Bujia directly puts an impact on consumer mind that it would be nice choice compared to other Bhujia . So, with this, the origin or the birthplace of a product helps in creating a mindset relating to the image of the product in a person mind.
Place helps consumers in differentiating the quality of the product with other products. So, it is necessary to give it a tag of geographical indication.
Some examples like Darjeeling Tea , bikaneri bhujia, Agra Peta, Nagpur orange, Kashmiri Pashmina shawl, Lucknow chicken craft . All these products has given a special image to the city by excelling in the production or manufacturing process .We can also say all these products place of origin is important as the these products is related to soil , labour , Climate condition etc .
The chicken craft was firstly originated in Lucknow, it was the innovation of Lucknow people and is a highly labour extensive product and due to its fine work it has set an image in the market . If we remove the origin name from the product it would lose its value and the grounds on being differentiated with other crafts. So ,giving a tag of geographical indication is essential to maintain the goodwill and value of the product.
Intellectual property rights provides protection to copyright, Patents, trademarks etc. geographical indication tag provide similar rights and protection to holders.
Article 1 (2) and 10 of the Paris convention of the protection of intellectual property, geographical indications are covered as the elements of intellectual property rights If geographical indication of a product is not given certain protection and rights anybody can claim and manipulate their product naming it with other place.
Statutory provisions of graphical indications are covered under article 22 to 24 of the trade related aspects of intellectual property rights agreement. That geo position of a product is essential as it renders the product reputation and characteristics of the product essentially attributable to its geographic origin.
India as a member of World Trade Organisation and TRIPs agreement. It thus decided to protect geographical indication of a good under registration and protection act 1999. The Act came into force with effect from 15 September 2003 with its office in Chennai.
Benefits of registration of geographical indication:
So, we have seen many times people when trying to manipulate the mind of public by other place names to their product in order to channelise strong customer base. For example, a normal tea vendor selling its tea with the name and phase that it’s a Darjeeling tea In order to attract customers As customers has a reputation set for Darjeeling tea in their mind. Registration of geographical indication prevents unauthorised use of registered geographical indications by others.
If a product is getting registered for geographical indication it means it holds certain speciality and brand. The more Indian geographical indications is registered the more is the exports which boost up the economy. Any association of persons, producers, organisation or a thought established by or under the law can apply for the registration of geographical indication.
Section 9 speaks about the indications that cannot be registered
-which would likely to deceive or cause confusion to the public regarding the identity of the product
- which would be contrary to any law for the time being in force
- Which comprise a contain scandalous or obscene matter
- Comprise a contains any matter likely to hurt the religious susceptibility is of any class or section of the citizens of India
- Generic names
- Falsely manipulating the place of origin and lying about the origin of the product
Since 18 speaks about the duration of the registration of a geographical indication which is a period of 10 years from the date of registration
The registration can be renewed again for a period of another 10 years, following the renewal application procedure.
The rights of registered geographical indication can be enjoyed by the registered proprietor or authorised user. In case of infringement a suit can be filed in district court under section 66. Relief is granted under section 67.