Skip to main content

Meaning and concept of Geographical Indication

 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.


Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree