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Geographical Indications And

Geographical Indications And. Protection Of Plant Varieties. Definition of Geographical Indications.

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Geographical Indications And

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  1. Geographical IndicationsAnd ProtectionOf Plant Varieties

  2. Definition of Geographical Indications • “It is defined as indications which identify a good as originating in the territory of a member, or locality in that territory, where a given quality, reputation or other characteristics of the good is essentially attributable to its geographic origin.”

  3. Benefits of Geographical Indications • It confers legal protection to Geographical Indications in India. • Prevents unauthorized use of a Registered Geographical Indication by others. • It provides legal protection to Indian Geographical Indications, which in turn boost exports. • It promotes economic prosperity of producers of goods produced in a geographical territory.

  4. Examples Of Some Indian GIs • Basmati rice • Darjeeling Tea • Kanchipuram Silk Saree • Alphanso Mango • Nagpur Oranges • Kolhapuri Chappal • Bikaneri Bhujia • Agra Petha

  5. Examples Of GIs from United States • “Florida” for oranges. • “Idaho” for potatoes. • “Napa” for wine. • The U.S protects GIs through our trademark system because, like trademark, GIs are source-identifiers, indicators of quality, and business interests. • It gives relief from acts of infringement and unfair competition.

  6. Registration Process filling an application Examination objections opportunity refused appeal to IPAB for hearing acceptance advertised in GI journal opposition, allowed or appeal to if any refused IPAB entered in GI register registration certificate issued

  7. The registry of Geographical Indications in India is based at Chennai. • There are 34 different classes on the basis of which the goods are classified. • The Geographical Indications of Goods (Registration and Protection) Act, 1999 allows the filling of a multi-class application. Contd..

  8. In consonance with the TRIPS obligations the Geographical Indication Act 1999 came into effect on 15th September 2003 in India. • Before the advent of the TRIPS Agreement there were no multinational or multilateral agreements which dealt with the protection of geographical indications.

  9. How to get information about GIs? • GeographicIndication.com is a resource for those seeking information about the use of names that point to a specific geographic place on agricultural and other products. • Geographically based products may be found in all parts of the world, both old and new.

  10. Geographic Indications in jeopardy • Geographic Indications of Indian origin such as “Basmati” rice and “Darjeeling” tea continue to remain open, being wrongfully exploited internationally. • The protection of GIs has, over the years, emerged as one of the most contentious IPR issues in the realm of the WTO.

  11. Protection of GIs under TRIPS • Article 22 of TRIPS merely stipulates the general standards of protection that must be available for all GIs against deceptive or misleading business practices and other facts of unfair competition. Contd..

  12. Due to high commercial implications of GIs , it is quite obvious that the legal protection of this IPR would play a significant role in commercial relations, both at the national as well as at the international level.

  13. Protection Of Plant Varieties What protection means? Varieties that are protected under the “Plant Variety Protection Act” can be sold or advertised for seeding purposes only by the owner of the protection certificate or with the owners permission.

  14. Types Of Protection • Two options for plant variety protection are available to the developer of a variety. • The first option enables the developer and certificate holders to either certified or uncertified seed of the variety. • In a manner similar to patent rights, certificate holders can authorize the use of their varieties in any way they wish on a royalty or free basis. Contd..

  15. The second option for protecting a variety is the “certificate only”. • A variety that is protected in this way may be sold only as a class of certified seed. • Most state institutions and some private companies have chosen to protect their varieties under second option.

  16. THANK YOU

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