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

Posted On & filed under .

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 geographical indications legislation and regulation in india?

Posted On & filed under .

The Geographical Indications of Goods (Registration and Protection) Act, 1999 The Geographical Indications of Goods (Registration and Protection) Rules, 2002 International  Treaties to which India is a signatory Paris Convention for the Protection of Industrial Property Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Geographical indications (GIs) means an indication which identifies goods as… Read more »

What is the registration procedure for GI?

Posted On & filed under .

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 »

Who can apply for the registration of the geographical indication?

Posted On & filed under .

Any association of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods can apply for the registration of the geographical indication in the prescribed format. What cannot be registered as a geographical indication The… Read more »

How is a patent granted?

Posted On & filed under .

A patent is granted by a national patent office or by a regional office that does the work for a number of countries, such as the European Patent Office and the African Regional Industrial Property Organization. Under such regional systems, an applicant requests protection for the invention in one or more countries, and each country… Read more »

Is there any special or unique provision on Patents in the Indian law?

Posted On & filed under .

The Patent Act has a set of exceptions stated in Section 3 by which certain things cannot be protected by the law. One very unique provision is embodied in Section 3, clause (d). This provision prevents patenting of minor improvements in chemical and pharmaceutical entities unless the invention results in the enhancement of known efficacy of… Read more »

What are the criteria for grant of a patent?

Posted On & filed under .

Patents provide property rights to inventions. An ‘invention’ may be defined as a novel idea which permits in practice the solution of a specific problem in a field of technology. Patents are available for any invention, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and… Read more »

Can an application for registration of plant varieties be made through an agent?

Posted On & filed under .

Yes, a breeder or a farmer can apply for registration either in person or through his agent. Variety means a plant grouping except micro-organism within a single botanical taxon of the lowest known rank, which can be- (i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping. (ii)… Read more »

Which is the office for making application for the registration of plant varieties?

Posted On & filed under .

Application for registration of plant varieties can be made in the office of Registrar, PPV&FRA, New Delhi. The address of the Office is: Registrar, Protection of Plant Varieties and Farmers’ Rights Authority, Govt. of India, Ministry of Agriculture, Society Block, 2nd Floor, NASC Complex, DPS Marg, Opposite Todapur, New Delhi – 110012. Also any information… Read more »