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Indications identifying goods originating in a territory are now registrable in India

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Patent
Novelty, Inventive Step and Industrial Applicability
Trademarks
Distinctive character of mark. Exclusive rights to use allowed to the honest and bonafide …
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The most important attributes of Design are shape, configuration, ornamentation, surface pattern …
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Geographical Indication
Geographical Indication is defined as any hint that identifies a good as originating from a particular place …

GEOGRAPHIC INDICATIONS - Governed by The Geographical Indications of Goods(Registration & Protection)Act,1999

Geographical Indication is defined as any hint that identifies a good as originating from a particular place, where a given quality, reputation or other unique characteristics of the good essentially attributes to the geographical origin of the good.

GIs may be associated with dairy products, agricultural, manufactured or industrial goods. Non-agricultural products, which typically qualify for GI protection, include handicrafts, jewellery, textiles, etc.

The Geographical Indications of Goods (Registration and Protection) Act, 1999 now provides for the statutory protection of geographical indications of Goods. The effective implementation of Geographical Indications of Goods (Registration and Protection) Act, 1999, acts as a deterrent to unethical producers selling their low quality and cheap products, free riding on the reputation enjoyed by GI goods.

Qualifications of Geographical Indication:

An indication of any special

  • Quality
  • Reputation
  • Characteristics; indicating the origin of the Goods from a distinct Geographical Terrain by way of Production / Processing in that topography.

Geographical Indication which are not Registrable:

Any indication, use of which,

  • would be likely to deceive or cause confusion; or
  • would be contrary to any law for the time being in force; or
  • comprises or contains scandalous or obscene matter; or
  • comprises or contains any matter likely to hurt the time being in force; religious belief of any class or section of the citizens of India; or
  • be otherwise disentitled to protection in a court; or
  • generic names or indications of goods are not or ceased to be protected in their country of origin or which have fallen into disuse in that country; or
  • although literally true as to the territory region or locality in which the goods originate, but falsely represents to the persons that the goods originate in another territory, region or locality as the case may be.

Examples of Some Geographical Indications of Goods:

  • Basmati Rice
  • Darjeeling Tea
  • Mysore Silk
  • Dhaka Muslin
  • Nagpur Orange
  • Kashmir Pashmina
  • Lucknow Zardozi