GEOGRAPHICAL INDICATIONS FAQ
- GI and trademark difference in India
A trademark is a sign that an individual trader or company uses to distinguish its own goods or services from the goods or services of competitors.
A geographical indication on the other hand is used to show that certain products have a certain regional origin.
- Can registered GI be assigned or transmitted in India?
Since a geographical indication is a public property belonging to the producers of the concerned goods, it shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement.
However, when an authorized user dies, his right devolves on his successor in title.
- What are the penalties for GI infringement in India?
The Geographical Indications of Goods (Registration and Protection) Act, provides for a sentence of imprisonment for a term between six months to three years and a fine between fifty thousand and two lakhs rupees in case of GI infringement.
- Is registration of a Geographical Indication compulsory in India?
The registration of GI, though not compulsory, offers better legal protection to facilitate an action for infringement.
- Who is a producer in relation to a Geographical Indication in India?
Producer in relation to goods, means any person who,–
If such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods;
If such goods are natural goods, exploits the goods;
If such goods are handicraft or industrial goods, makes or manufactures the goods,
It also includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods.
- Who is an “Authorized User” in India?
Any person claiming to be a producer of the goods in respect of which a geographical indication has been registered may apply for registration as an authorized user.
- Geographical indication rights in India
The registered proprietor can exercise the exclusive rights to use the GI and prevent others from using the GI without his permission.
He can also initiate infringement action against the infringers.
- Who is a “Registered Proprietor” of a geographical indication in India?
Any association of persons or of producers or any organization or authority established by or under the law can be a registered proprietor.
- What is a generic GI in India?
If a geographical term is used as the designation of a kind of product rather than an indication of the place of origin of that product, the term no longer functions as a GI.
- GI registration benefits in India
GI confers legal protection to goods in domestic as well as international market.
It prevents the unauthorized use of a Registered Geographical Indication by others
As legal protection is provided to Indian Geographical Indications, the export is promoted.
It returns financial benefits to the producers of goods produced in a geographical territory.
A registered proprietor can also seek legal protection in other WTO member countries.