The statement contained in the application shall also include the following: If registered the date of filing of the application shall be deemed to be the date of registration. The application was advertised and accepted in the Geographical Indications Journal, Numberdated March 28, Where the counter-statement has been filed, the registrar shall serve a copy on the person giving the notice of opposition.
Publication in the geographical indications Geographical indicators application process in india Every application, within three moths of acceptance shall be published in the Geographical Indications Journal. The application is required to be signed by the applicant or his agent.
The Convention Application should contain the following: If the applicant wishes to appeal, he may within one month make a request. For registrability, the indications must fall within the scope of section 2 1 e of GI Act, Specification- A brief statement describing the special characteristics and quality parameters of the goods; Description of goods giving its uniqueness and geographical linkage; Method of production including the process involved, raw materials and tools, packaging specialty etc.
In case of a homonymous indication, the material factors differentiating the application from the registered geographical indications and particulars of protective measures adopted.
Appeal Any person aggrieved by an order or decision may prefer an appeal to the intellectual property appellate board IPAB within three months.
Registration Where an application for a GI has been accepted, the registrar shall register the geographical indication. Renewal A registered GI shall be valid for 10 years and can be renewed on payment of renewal fee. Type of Applications Ordinary Application: Generally, application can be filed by 1 a legal practitioner 2 a registered agent.
Within two months the applicant shall sent a copy of the counter statement. Affidavits The Affidavits required by the Act and the rules to be filed at the Geographical indications Registry or furnished to the Registrar, unless otherwise provided in the matter or matters to which they relate, paragraphs consecutively numbered, and each paragraph shall as far as practicable be confined to one subject.
A copy of the register and such of the other documents mentioned in section 78, as the Central Government may by inspection at each branch office of the Geographical Indications Registry as and when established.
The applicant should within one month of the communication in this regard, remedy the same.
The decision will be duly communicated. After five years of detailing, the Geographical Indication registry office in Chennai has given acceptance in principle in this regard.
Every affidavit shall state the description and the true place of abode of the person filing it and shall state on whose behalf it is filed. Thereafter an Examination Report would be issued.
Application for Registration of GI Every application for the registration of a geographical indication is to be made in the prescribed form for single class or for multiple classes and accompanied by the prescribed fee.
The registrar shall issue to the applicant a certificate with the seal of the Geographical indications registry. Being so, it has to also satisfy the provisions of section 9, which prohibits registration of a Geographical Indication the use of which would be likely to deceive or cause confusion; or the use of which would be contrary to any law for the time being in force; or which comprises or contains scandalous or obscene matter; or which comprises or contains any matter likely to hurt the time being in force; religious susceptibilities of any class or section of the citizens of India; or which would otherwise be dismantled to protection in a court; or which are determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their country of origin or which have fallen into disuse in that country; or which although literally true as to the territory region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality as the case may be.A.
Application for Registration of GI. Every application for the registration of a geographical indication is to be made in the prescribed form for single class or for multiple classes and accompanied by the prescribed fee. The present geographical indications regime in India is governed by the Geographical Indications of Goods (Registration & Protection) Act, and the Geographical Indication of Goods (Regulation and Protection) Rules, The Registration Process STEP 1: Filing of application Please check whether the indication comes within the ambit of the definition of a Gl under section 2(1)(e).
Registration process An application for registration must be made before the Registrar of Geographical Indications by any association of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods.
India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, has come into force with effect from 15 September 1. Preliminary Examination. On receipt of the application, the Examiner/Authorized Officer scrutinizes the application and the accompanying Statement of Case as to whether it meets the requirements of the GI Act and the Rules.Download