What is a generic geographical indication?

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geog.indications

In the context of geographical indications, generic terms are names which, although they denote the place from where a product originates, have become the term customary for such a product. An example of a GI that has become a generic term is Camembert for cheese. This name can now be used to designate any camembert-type… Read more »

What does a geographical indication do?

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geog.indications

A geographical indication points to a specific place or region of production that determines the characteristic qualities of the product that originates therein. It is important that the product derives its qualities and reputation from that place. Since those qualities depend on the place of production, a specific “link” exists between the products and their… Read more »

What are the advantages to my business of obtaining protection for a geographical indication?

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law

Protecting a GI (Geographical Indication) enables those who have the right to use the indication to take measures against others who use it without permission and benefit from its reputation (“free-riders”). A geographical indication’s reputation is a valuable, collective, and intangible asset. If not protected, it could be used without restriction and its value diminished and… Read more »

Who can use the registered geographical indication?

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geog.indications

An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered. ‘Authorised user’ is any person claiming to be the producer of the goods in respect of which a geographical indication has been registered. For becoming an authorized user the person has… Read more »

Who is a producer in relation to a Geographical Indication?

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Privy Counci

The persons dealing with three categories of goods are covered under the term Producer – Agricultural Goods includes the production, processing, trading or dealing Natural Goods includes exploiting, trading or dealing Handicrafts or Industrial goods includes making, manufacturing, trading or dealing. The term GI has been defined as “Geographical Indications”, in relation to goods, means… Read more »

How long does geographical indication protection last?

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geog.indications

In many sui generis legislations, registrations for geographical indications are not subject to a specific period of validity. This means that the protection for a registered geographical indication will remain valid unless the registration is cancelled. Geographical indications registered as collective and certification marks are generally protected for renewable ten-year periods. A geographical indication (GI)… Read more »

Who is a registered proprietor of a geographical indication?

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geog.indications

Registered proprietor of a geographical indication :  Any association of persons or of producers or any organisation or authority established by or under the law can be a registered proprietor. Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for. Geographical Indication : A geographical… Read more »

What rights does a geographical indication provide?

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Privy Counci

A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards. For example, in the jurisdictions in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can exclude use of the term “Darjeeling”… Read more »

Who can apply for registration of the Geographical Indication?

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Generally geographical indications are registered in the name of association of persons or an organization hailing from the same geographical region can apply for registration. Statutory bodies like development boards can also apply for registration.