Trademark Registration

Geographical Indication

A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g. a town, region, or country). The use of a geographical indication, as a type of indication of source, may act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin.

Object of the Geographical Indication Services of Goods (Registration And Protection ) Act, 1999 is to provide for the registration and better protection of geographical indications services relating to goods in India. It is an indication of goods originating from a definite geographical territory. It is used to identify agricultural, natural or manufactured goods; the manufactured goods should be produced or processed or prepared in that territory and have a special quality or reputation.The primary purpose of this Act is to provide legal protection to Indian Geographical Indications which in turn boost exports. Registration of Geographical indication services promotes economic prosperity of producers of goods produced in a geographical territory. Examples of geographical indications services are Basmati Rice, Darjeeling Tea, Kanchipuram Silk Sari, etc.


Who Can Apply ?

Any association of persons or producers, or any organization or authority established by or under the law, can apply to register a geographical indication services. The applicant must represent the interests of the producers. Producers are parties that work with the following categories of goods:Agricultural Goods, Including Production, Processing, Trading or Dealing; Natural Goods, Including Exploiting, Trading or Dealing; and Handicrafts or Industrial Goods, Including Making, Manufacturing, Trading or dealing.Prescribed Form

TRANSFER/ASSIGNMENT

A geographical indication services 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 Is Included In Our Package?

  • Prior Art Search

  • Application Drafting

  • Application Filling

  • Government Fees

Procedure for Patent Registration

  • Fill Patent application form

    All you need to do is complete our simple form and provide your basic information which will be required.

  • Conduct Patent Search

    After receiving all the documents from your side, we will conduct a patentability search for you.

  • Prepare Application

    On basis of your basic information and documents, we will draft your Patent application

  • Patent Submission

    After the final review, we will file the Patent application with Indian Patent office.

  • Your work is completed

    After submitting all the documents and Patent application, we will mail you the acknowledgement regarding same.

    CONGRATULATIONS

Rights and Validity Expiration

The patents filed will be thoroughly evaluated and examined for its resourcefulness, applicability and originality before granting rights to the applicant. The patent once granted, makes available the rights claimed by the applicant for a fixed period of time. The holder has the permission and exclusive rights to manipulate or explore the patented product or invention within the National Territory or within the valid patent limits.

The patent holder can prevent unauthorized or illegal production or trade of the patented product or the process of production of the process. The extent of protection of the patented product depends on the claims submitted by the applicant. The holder is also insured against any potential damages that might occur during the exploration or commercialization of the product between the date of publication of the patent and the date of definitive granting.

The Validity of an Invention patent is 20 years counted from the date of filing of patent application and the Utility Model Patent is applicable for 15years from the date of filing.

Criteria for filing a Patent

Novelty: i.e. some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.

Nature of the work: This includes class & description of the work, title of the Work. In case of a website copyright, give the URL of the website. You also need be mention the language of the Work

Date of Publication: Mention the date of Publication in internal magazines (if possible). Like a company magazine or a research paper submitted to a professor does not count as publication.

Why Patent Registration

  • Get royalty by licensing your patent
  • Protection for a period of 20 years in India
  • You can then utilize your invention yourself.
  • Stop others from using your invention without your permission

What is a Patent?

The Patenting system in India is governed by the Patents Act, 1970 & The Patents Rules 1972.

TA patent is a grant by the India patent office that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention.

This right excludes others from making, processing, producing, using, selling, and importing the product or process in India without patent owner’s consent.

Advantage of Registering Geographical Indication

Most of the associations often think whether it is worthwhile to go for geographical indication protection. Below are some of the advantages of geographical indication protection which will help them figure out the importance of protection.

Boosts Exports:

The prime purpose of the geographical indications act is to provide a legal protection to geographical indications which encourages the marketers to expand their business worldwide. Therefore, the protection of geographical indications boosts exports.

Economic Growth:

The protection of geographical indications helps in the economic prosperity of the producers. The marketing of GI products enhances the secondary economic activities in the GI region which boosts the regional economic development. The protection of geographical indications helps in building a good reputation and rewards the producers with incentives.

Prevents Misuse of GI Tag:

A geographical indication is represented by a GI tag. The protection of the GI tag prevents misuse of a registered Geographical Indication. The producer has a legal right to charge anyone not belonging to the GI region trying to use their GI tag and save his reputation from being damaged. The farmers selling products of a given region have to face less competition from fake people who sell bogus products.

Boosts Tourism:

The protection of geographical indications builds a reputation for the GI product throughout the world. More and more people notice the various GI products from various regions which in turn motivates them to visit those places for accessing those products. This helps in the growth of the tourism industry.

Frequently Asked Questions

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