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GI(Geographical Indications) are signs used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. They may also highlight specific qualities of a product, which are due to human factors that can be found in the place of origin of the products, such as specific manufacturing skills and traditions. 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. Place of origin may be a village or town, a region or a country. It is an exclusive right given to a particular community hence the benefits of its registration are shared by the all members of the community. Keeping in view the large diversity of traditional products spread all over the country, the registration under GI will be very important in future growth of the tribes / communities / skilled artisans associated in developing such products. Laws related to GIs in India: Items which can not be registered as GI:
Who can apply Any association of persons or of 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, who are desirous of registering geographical indication in relation to such goods shall apply in writing to the Registrar in such' form and in such manner and accompanied by such fees as may be prescribed for the registration of the geographical indication. GI is registered for a period on ten years but can be renewed from time to time for a further period of 10 years by paying the renewal fees. If a registered geographical indication is not renewed it is liable to be removed from the register The registration of GI, though not compulsory, offers better legal protection to facilitate an action for infringement. Also the authorized user can exercise his exclusive right to use the GI and can initiate can initiate infringement actions against the infringer. What is GI infringement When an unauthorized user uses a geographical indication that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which mislead the public as to the geographical origin of such goods; When the use of geographical indication result in an unfair competition including passing off in respect of registered geographical indication; When the use of another geographical indication results in false representation to the public that goods originate in a territory in respect of which a registered geographical indication relates. Penalty: The Geographical Indications of Goods (Registration and Protection) Act, provides for a sentence of imprisonment for a term between six months to three years and a fine between fifty thousand and two lakhs rupees in case of GI infringement. Challenges: An analysis of the legal framework as well as experiences with registered GIs, indicate the presence of a number of challenges. Firstly, An important dimension of GI is that it does not protect knowledge or technology as such. It only protects the name or indication. This essentially means that the famous Banarasi sari can be produced anywhere in the world but it cannot be named ‘Banarasi sari’. For a price-conscious consumer, it might not make much sense to buy GI certified products at a premium, if the same product is available elsewhere. Secondly, there is the ambiguity in the definition of the term ‘producer’ in the legislation which does not distinguish between real producer, retailer or dealer. Thirdly, Government activities related to GI is concentrated mostly on registering GI products where the state governments are acting in haste. Identification of GI based products and their registration is happening without adequate due thoroughness. Groups filling for GI registration do not assess the commercial prospect of a GI product in the domestic and international markets or the potential of such registration in contributing towards the future growth of the product as well as the socio-economic implication for the communities involved in the supply chain. fourthly, Defining the exact geographical boundaries of a product is often a big challenge, particularly in the context of non agricultural products. Fifthly, There is currently exists no standard procedures for consultation before registration and it is most probable that pre- application process may end up in inadequate consultations with various stakeholders including retailers. While marketing and promotion efforts may need sustained commitment of resources, yet there is no guarantee of such success particularly for new GI products. There is also constant need for building capacity and awareness about GIs among various stakeholders including consumers.
By: Vishal ProfileResourcesReport error
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