KARNATAKA STATE OPEN UNIVERSITY

DEPARTMENT OF LAW AND STUDIES

TOPIC
REGISTRATION AND PROTECTION OF GEOGRAPHICAL
INDICATION FROM THE PERSPECTIVE OF COMMUNITY INTEREST
A CRITICAL STUDY
SUBMITTED TO: JANAVI
HEAD OF THE LAW DEPARTMENT
K.S.O.U
MANASA GANGOTRI, MYSORE

SUBMITTED BY: NEETU SINGH N

ROLL NO: 12003900031,
2ND YEAR LL.M, 4TH SEM
K.S.O.U
MANASA GANGOTRI, MYSORE

The Dissertation Submitted in Partial Fulfillment of Requirements

for the award of L.L.M (IP& Tech. Law) Post Graduate Degree.

KARNATAKA STATE OPEN UNVERSITY

Manasagangothri, mysore-570006
Department Of Post Graduate Studies And Research In Law.

DESSERTAION
REGISTRATION AND PROTECTION OF GEOGRAPHICAL
INDICATION FROM THE PERSPECTIVE OF COMMUNITY INTEREST
A CRITICAL STUDY

BY
N.NEETU SINGH
REGISTER NUMBER: 12003900031

Under the guidance

of
Vineetha P.K., B.A LL.M
principal
Sharda Vilas Law College
K.M. Puram.
Mysore.
The Dissertation Submitted in Partial Fulfillment of Requirements for the
award of L.L.M (IP& Tech. Law) Post Graduate Degree.

CERTIFICATE
This is to certify

that Mrs.

NEETU SINGH.N 4TH Semester. LL.M

(I.P.&

Tech,

Law),

Register

No

12003900031 has authored dissertation on

REGISTRATION AND PROTECTION
OF

GEOGRAPHICAL

FROM

THE

COMMUNITY

INDICATION

PERSPECTIVE
INTEREST

In

OF
Partial

fulfillment of requirement for the award of

LL.M(I.P

&Tech.LAW)Post

Graduate

Degree. It is her bonafide work done under

my Supervision and my Guidance.

Place : Mysore
Date: 30/08/2014

Vineetha P.K.,BA,LLM
PRINCIPAL

SharadaVilsLawCollege
K.M.Puram,
Mysore

DECLARATION
I Mrs. N. NEETU SINGH 4th Semester, LL.M (IP& Tech, Law),
REGISTER No: 12003900031, do here by declare that I myself has
authored this dissertation on REGISTRATION AND PROTECTION OF
GEOGRAPHICAL INDICATION FROM THE PERSPECTIVE OF
COMMUNITY INTEREST A CRITICAL STUDY

in partial fulfillment of requirement for the award of LL.M (IP & Tech
Law) Post Graduation Degree. It is my Original work and not submitted
to any other university.

Place: Mysore
Date: 30/08/2014

N.NEETU SINGH
Register No: 12003900031

ACKNOWLEDGEMENT
I Mrs. N.NEETU SINGH 4TH Semester, LL.M. (IP & Tech, Law),
Register NO:12003900031, duly hereby acknowledge my gratitude
Vineetha P.K., for her unending encouragement in spite of her many
commitments. She has shared her valuable ideas, and given her precious
time to make this project a reality Vineetha P.K., has been a meritorious
teacher and scholar and thus her immense valuable guidance and
understanding has helped me to pursue and complete this research in a
successful manner.
I extended my thanks to the Chairperson, Department of Post
Graduate Studies and Research in Law, Karnataka State Open
University (KSOU) and to my Friends, Family, who have helped me in
accomplishing this dissertation.
Place: Mysore
Date: 30/08/2014

N. NEETU SINGH
Register No12003900031,

TABLE OF ABBRIVATION
GI

GEOGRAPHICAL INDICATIONS

WTO

WORLD TRADE ORGANIZATION

TRIPS

TRADE RELATED ASPECTS OF

INTELLECTUAL PROPERTY RIGHTS

GATT

GENERAL AGREEMENT OF TARIFF AND TRADE

USPTO

US PATENT AND TRADEMARK OFFICE

WIPO

THE WORLD INTELLECTUAL PROPERTY

ORGANIZATION

GIR

GEOGRAPHICAL INDICATION REGISTRY

ICTA

THE CENTER FOR TECHNOLOGY

ASSESSMENT

RFSTE

RESEARCH FOUNDATION FOR SCIENCE,

TECHNOLOGY AND ECOLOGY

USDA

US DEPARTMENT OF AGRICULTURE

FTA

FEDRAL TRADE COMMISSION

SI NO

TABLE OF CASES

1.

DARJALING TEA CASE

2.

AIR 1987 GUJ. 147 A. Ambu Parmar Vs The

Commissioner of Police

3.

AIR 1969 SC 227 Amalgamated Electricity Co Vs

Municipal Committee Ajmer

4.

(1951) 1 K.B.547. Tinkham Vs Perry

5.

AIR 1978 Bom. 71 Vikram Yeshwanta Vs Eknath Trombak

Gadekar

6.

Basmathi Case

7.

Mohan Meakin Vs Scotch Whisky AIR 1980 Del 125

8.

Scotch Whisky Association Vs Pravara Sahakar Karkhana

9.

AIR 1960 MYS 230 Prasad Vs State of Mysore

CONTENTS
CERTIFICATE
DECLARATION
ACKNOWLEDGEMENT
TABLE OF ABBREVIATIONS
CHAPTER -1
CHAPTER -2
CHAPTER -3
CHAPTER -4
CHAPTER -5
CHAPTER -6
CONCLUSION
REFERENCES

CONTENTS
CHAPTER 1: INTRODUCTION
1.1 INTRODUCTION
1.2 DEFINITION
1.3 MEANING AND CONTENT
1.4 OBJECTIVES
1.5 RESEARCH METHODOLOGY
1.6 CHAPTERIZATION

CHAPTER 2: THE REGISTER AND CONDITIONS FOR REGISTRATION

2.2

INTRODUCTION

2.3

FUNCTIONS OF GECOGRAPHCIAL INDICAITONS

2.4

REGISTRAR OF GEOGRAPHICAL INDICATIONS

2.5

REGISTER OF GEOGRAPHICAL INDICATIONS

2.6

PART A AND PART B OF THE REGISTER

2.7

REGISTRATION TO BE IN RESPECT OF PARTICULAR GOODS AND

AREA

2.8

PROHIBITION OF REGISTRATION OF CERTAIN GEOGRAPHCIAL

INDICATINS

2.9

REGISTRATION OF HOMONYMOUS GEOGRAPHICAL INDICAITONS

CHAPTER 3: PROCEDURE FOR AND DURATION OF REGISTRATION

3.1 INTRODUCTION
3.2 ESSENTIALS OF REGISTRATION

3.3 APPLICAIATON FOR REGISTRATION

3.4 WITHDRAWAL OF ACCEPTANCE
3.5 ADVERTISEMENT OF APPLICATION
3.6 OPPPOSITON TO REGISTRATION
3.7 CORRECTION AND AMENDMENT
3.8 REGISTRATION AND APPLCIAITON FOR REGISTRATION AS AUTHORISED
USER
3.9 DURATION, RENEWAL, REMOVAL AND RESTORATION OF
REGISTRAITON
3.10 EFFECT OF REMOVAL FROM REGISTER FOR FAILURE TO PAY FEE FOR
RENEWAL

CHAPTER 4: EFFECTS OF REGISTRAITON

4.1 INTRODUCTION
4.2 NO ACTION FOR INFRINGEMENT OF UNREGISTERED GEOGRAPHCIAL
INDICAITON
4.3 RIGHTS CONFERRED BY REGISTRATION
4.4 INFRINGEMENT OR REGISTERED GEOGRAPHCIAL INDICAITONS
4.5 REGISTRATION TO BE PRIMA FACIE EVIDENCE OF VALIDITY
4.6 PROHIBITION OF ASSIGNMENT OR TRANSMISSION, etc

CHAPTER 5:
5.1 INTRODUCTION
5.2 APPEALS TO THE APPELLATE BOARD
5.3 BAR OF JURISDICTION OF COURTS, etc
5.4 PROCEDURE FOR APPLCIATION FOR RECTIFICAITON, BEFORE
APPELLATE BOARD
5.5 APPEARANCE OF REGISTRAR IN LEGAL PROCEEDINGS
5.6 COSTS OF REGISTRAR IN PROCEEDINGS BEFORE APPELLATE BOARD

CHAPTER 6:
6.1 INTRODUCTION

6.2 FALSIFYING AND FALSELY APPLYING GEOGRAPHICAL INDICAITGONS

6.3 PENALTY FOR APPLYING FALSE GI AND SELLING GOODS TO WHICH
FALSE GI IS APPLIED
6.4 ENHANCED PENALTY ON SECOND OR SUBSEQUENT

CONVICTION

6.5 PENALTY FOR FALSELY REPRESENTING A GI AS REGISTERED

6.6 PENALTY FOR IMPROPERLY DISCRIBING A PLACE OF BUSINESSAS
CONNECTED WITH THE GIR

6.7 PENALTY FOR FALSIFICATION OF ENTRIES IN THE REGISTER

6.8 NO OFFENCE IN CERTAIN CASES
6.9 FORTEITURE OF GOODS
6.10 EXEMPTION OF CERTAIN PERSONS EMPLOYED IN ORDINARY COURSE
OF BUSINESS
6.11 PROCEDURE WHERE INVALIDITY OF REGISTRATION IS PLEADED BY
THE ACCUSED
6.12 OFFENCE BY COMPANIES
6.13 COGNIZANCE OF CERTAIN OFFENCES AND THE POWERS OF POLICE
OFFICER FOR SEARCH AND SEIZURE
6.14 COSTS OF DEFENCE OF PROSECUTION
6.15 LIMITATION OF PROSECUTION
6.16 INFORMATION AS TO COMMISSION OF OFFENCE
6.17 PUNISHMENT FOR ABATEMENT IN INDIA OF ACTS DONE OUT OF INDIA.

7. CONCLUSION
8. REFERENCES

CHAPTER 1
INTRODUCTION

1.1 INTRODUCTION
Geographical Indication indicates that particular
goods originate from a country, region or locality and have some special characteristic qualities
or reputations which are attributable to its place of origin. These special characteristics, qualities
or reputation may be due to various factors, eg natural factors such as raw materials, soil,
regional climate, temperature, moisture etc; or the method of manufacture or preparation of the
product such as traditional production methods; or other human factors such as concentration of
similar businesses in the same region, specialization in the production or preparation of certain
products and the maintaining of certain quality standards. The connection between the goods and
place becomes so famous that any reference to the place reminds the goods being produced there
and vice versa. For instance, the reference to District of Champagne, France brings to mind the
wine Champagne which is being produced there.

1.2 DEFINITION
Geographical indication, in relation to goods, means an indication which
identifies such goods as agricultural goods, natural goods or manufactured goods as
originating, or manufactured in the territory of a country, or a region or locality in that
territory, where a given quality, reputation or other characteristic of such goods is
essentially attributable to its geographical origin and in case where such goods are
manufactured goods one of the activities of either the production or of processing or
preparation of the goods concerned takes place in such territory, region or locality, as the
case may be .

Explanation:- For the purposes of this clause, any name which is not the name of a
country, region or locality of that country shall also be considered as the geographical
indication if it relates to a specific geographical area and is used upon or in relation to
particular goods originating from that country, region or locality, as the case may be;

1.3 MEANING AND CONTENT:The geographical indication means an indication which identifies goods as originating in
a certain territory and having a given quality, reputation or other characteristics essentially
attributable to their geographical origin. The geographical indication can have a reference to
the agricultural produce, natural products or products manufactured or processed. Such goods
must have a reputation and quality which are attributable to the place of origin, environment
and other inherent natural and human factors. The indication here may mean, the name of the
geographical area or any figurative representation suggesting the geographical origin of the
produce and goods. It is not necessary therefore that geographical indication shall contain the
name of the territory where the goods are produced. It can be a word or combination of
words as for instance Basmati or Darjeeling Tea the former particular scented rice grown
in North-west India and latter a particular flavoured tea with a special tang produced in
North-East India. The goods referred to here include handicrafts and food stuffs such as
Golkonda Toys and Hyderabad Biryani.
Essentially, geographical indication is not such a right as trademark and patent,
conferred on the individuals. If a geographical indication is registered, it amounts
to a public notice stating that a given product originates in a given geographical
area. The well-known examples of geographical indications are champagne used
to indicate a special kind of sparkling wine, which originates from a region called
champagne in France, Cognac used for Brandy originating from the town called
cognac again of France. Similar are Cuba, tobacco grown in Cuba, Roquefort
cheese produced from Roquefort. Since, indication is used to show that a certain
product as certain regional origin, the indication is available for use by all the
producers of that region.

1.4 OBJECTIVES:
A discussion on the definition on Geographical indications
A view on Registration of Homonymous Geographical Indication
To study the procedure of registration of Geographical indication
Essentials for Registration of Geographical indication
A discussion on infringement of registered geographical indication
An evaluation of the Penalties imposed for the offences.

1.5 RESEARCH METHODOLOGY:

The study method of this research dissertation will be examination in library sources on
the concept of Geographical indications of goods (Registration and Protection) Act, 1999 and the
secondary sources relate to this concept such as text books, journals, and electronic data and
from internet sources.

1.6 CHAPTERIZATION:
This research dissertation will have 6 chapters, with last chapter of conclusion and each
chapter will have focus and investigate and fulfillment of the said concept of Geographical
indications of goods (Registration and Protection) Act, 1999.

REFERENCES
1) BOOK: INTELLECTUAL PROPERTY RIGHTS, AUTHOR: N.C. ACHARYA, 3RD
EDITION, PUBLISHED BY S.P. GOGAIH, YEAR OF PUBLICATIN 2005-2006
2) BOOK: INTELLECTUAL PROPERTY LAW , AUTHOR: NARAYAN.P, 3RD
EDITION, PUBLISHED BY EASTER LAW HOUSE PVT , YEAR OF PUBLICATION
2002
3) BOOK: LAW RELATING INTELLECTUAL PROPERTY RIGHT, AUTHOR: AHUJA,
PUBLISHED BY LEXIS NEXIS, YEAR OF PUBLICAITON 2007
4) BOOK: LAW RELATING INTELLECTUAL PROPERTY RIGHT, AUTHOR: DR.
B.L.

WADEHRA,

4TH

EDITION,

PUBLISHED

BY

UNIVERSAL

LAW

PUBLISHING.CO.PVT.LTD.
5) BOOK: LAW RELATING INTELLECTUAL PROPERTY RIGHT,AUTHOR :
DR.MYNINEE,

4TH

PUBLICATION 2007

EDITION

PUBLISHED

BY

S.P.

GOGAIH,YEAR

OF