Can a registered geographical indication be assigned, transmitted, etc?

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No. 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 authorised user dies, his right devolves on his successor in title. Intellectual property rights can be defined as the… Read more »

What is an appellation of origin and how is it different from a GI?

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An appellation of origin means the geographical name of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors. All appellations of origin are geographical indications but not all geographical indications are… Read more »

What are the categories of goods that may be protected by geographical indications?

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There are 34 different classes on the basis of which the goods are classified. Geographical indications (GIs) means an indication which identifies 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… Read more »

Where are the offices of the Registrar of Geographical Indications located in India?

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The Registry of Geographical Indications in India is based at Chennai. Geographical indications (GIs) means an indication which identifies 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 characteristics of… Read more »

Can I register my geographical indication as a trademark too?

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No. The trademark law in India bars the registration of any geographical indication as a trademark. Geographical indications (GIs) means an indication which identifies 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,… Read more »

Is there a penalty for falsely representing a geographical indication as registered?

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Yes. Falsely representing a geographical indication as registered is an offence under the Geographical Indication of Goods (Registration and Protection) Act, 1999. Any person who commits this offence may be punished by imprisonment for a term, which may extend to three years, by a fine or by both. Geographical indications (GIs) means an indication which… Read more »

What is the registration procedure for GI?

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The Register of Geographical Indications is divided into two parts, part A and Part B. Part ‘A’ consists of particulars relating to registered geographical indications and Part ‘B’ consists of particulars of the registered authorized users. The various steps that the rights holder should follow for the registration of their geographical indications in India are… Read more »

Which acts in India protects the Geographical Indications?

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Prior to 1999 there was no specific legislation to regulate geographical indication. It was in the year 1999 that India in compliance with its obligation under TRIPS Agreement enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999. This act seeks to provide for registration and better protection GIs relating to goods. It excludes unauthorised… Read more »

How are geographical indications protected at the international level?

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GI protection is granted by the TRIPS Agreement. There are various international agreements (The Paris Convention for the Protection of Industrial Property (1976). The Madrid Agreement for the Repression of False or Deceptive Indications of Source (1981), Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration of 1958) which grant some… Read more »

Examples of geographical Indication in world?

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Geographical Indication in world Bulgaria: Traminer From Khan Kroum (Wine), Merlou From Sarkar (Wine); Canada: Canadian Rye Whisky,, Canadian Whisky; Czech Republic: Beers: Pilsen, Budweis; EU: Wines: Champagne, Sherry, Porto, Chianti, Samos, Fheinhessen, Mossele Luxembourgeoise, Mittleburgenland, Spirits: Cognac, Brandy De Jerez, Grappa Di Barolo, Berliner Kummel, Genievre Flandres Artois, Scotch Whicky, Irish Whickey, Tsikoudia (From… Read more »