Registration of Geographical Indications: Procedure, Duration, Renewal, and Restoration

Introduction

The foundational criteria for protecting geographical indications can be traced back to the 1883 Paris Convention for the Protection of Industrial Property, which encompasses patents, trademarks, industrial designs, utility models, trade names, service marks, and geographical indications. This was followed by the Madrid Agreement in 1891, aimed at combating false or misleading indications of the source of goods.

Know more about International Treaties and Convention on Geographical Indications (GIs)

As of now, India has recorded over 635 geographical indications. The inaugural geographical indication was for Darjeeling Tea from West Bengal, established in 2004. Handicrafts represent the most prevalent category of products classified as Geographical Indications, with agricultural products coming in second.

The protection and administration of these GIs in India are governed by the Geographical Indications of Goods (Registration and Protection) Act of 1999.

Procedure for Registration of Geographical Indications

Section 17 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, talks about the registration of geographical indications. It stipulates that an individual filing an application for registration of GI must be an authorized or licensed user who has been registered as such under this section.

Registration Procedure as a Licensed User is:

1. Filing of an Application
2. Preliminary scrutiny and examination
3. Issuing a show-cause notice
4. Publication/Advertisement
5. Registration Opposition
6. Registration

The following are the steps for registration:

STEP 1: Filing of an Application

The group of individuals, producers, or any relevant organization or authority should advocate for the interests of the producers of the specified goods and must submit an affidavit detailing how the applicant asserts their representation of those interests.

• Applications must be submitted in three copies.
• The application must bear the signature of the applicant or their representative and should include a statement outlining the case.
• Provide information about the unique characteristics and how those standards are upheld.
• Submit three certified copies of the map representing the area associated with the GI.
• Outline the inspection framework, if any exists, to oversee the usage of the GI within the relevant territory.
• Include the details of all applicants along with their addresses. If there are numerous producers, a collective reference to all producers of the goods may be provided in the application; the registered GI will be noted accordingly in the register.

STEP 2 and 3: Preliminary Scrutiny and Examination

• The examiner will carefully examine the application for any errors.
• After being notified of this issue, the applicant has one month to resolve any problems.
• A group of subject-matter experts assesses the statement of the case’s content.
• They will confirm the correctness of the information supplied.
• After that, an examination report will be produced.

STEP 4: Issuing a Show Cause Notice

• The Registrar will communicate any concerns he may have about the application.
• The applicant has two months to respond or request a hearing.
• A formal announcement of the decision will be made. The applicant has one month to file a request if he wants to appeal.
• If an application was mistakenly accepted, the Registrar can also withdraw it after giving the applicant an opportunity to be heard.

STEP 5: Publication in the Geographical Indication Journal

Any application for the registration of a geographical indication that has been unconditionally accepted or accepted with conditions or limitations must be published in the Geographical Indications Journal within three months of acceptance.

STEP 6: Opposition of Registration

• Any individual may submit a notice of opposition within three months, which can be extended for an additional month upon request, as long as the request is made before the initial three-month period ends, to contest the GI application that has been published in the Journal. 
• The Registrar is required to send a copy of the notice to the applicant. 
• The applicant must submit a copy of the counter-statement within two months. 
• If the applicant fails to do so, it will be considered that he has forfeited his application. Once the counter-statement has been submitted, the Registrar will provide a copy to the person who filed the notice of opposition. 
• Following this, both parties will present their respective evidence in the form of affidavits and relevant documents. 
• Subsequently, a date for the hearing of the case will be scheduled. 

STEP 7: Registration

If an application for a registration of geographical indication (GI) is approved, the Registrar will proceed to register the geographical indication. Once registered, the application filing date will be recognized as the registration date. The Registrar will provide the applicant with a certificate bearing the seal of the Geographical Indications registry.

Duration of the validity of registration of Geographical Indications

In India, a registration of Geographical Indication (GI) is initially effective for 10 years starting from the date the application is submitted. After this period, the registration can be renewed indefinitely in successive 10-year intervals, providing ongoing legal protection for the GI. To keep the registration valid, a renewal application must be submitted before the current registration expires. Failure to renew within the designated timeframe may lead to the GI being removed from the register, though it can be reinstated within a grace period of six months. This framework facilitates the long-term protection of geographical indications, safeguarding the authenticity, reputation, and market value of products associated with particular regions.

Renewal of Registration of Geographical Indications

• Within the six months preceding the current registration’s expiration, applications to renew a geographical indication (GI) or its authorized user may be made at any time.
• Between one and three months prior to the registration expiring, the Registrar must remind the registered owner or authorized user of the impending renewal deadline if the renewal application and the necessary fee are not submitted.
• The Registrar may remove the GI or authorized user from the official register and promptly announce this removal in the Journal if the renewal fee is not paid by the registration’s expiration date.
• However, if a renewal application is filed within six months of the registration expiring, the registration will not be removed from the register.

Removal of Registered Geographical Indication

The Geographical Indications of Goods (Registration and Protection) Act, 1999, specifies the circumstances under which a Geographical Indication (GI) in India may be removed from the GI Register. The following are the primary causes of cancellation:

1. Non-Renewal of Registration: A registration of geographical indication must be renewed before it expires, as it is valid for ten years. The GI may be removed from the register if the registered owner does not file a renewal application. There is a six-month grace period for restoration; if it fails to be completed, the GI will be cancelled forever.
2. Failure to Maintain Standards: The registration of geographical indication may be cancelled if it is no longer used in accordance with the standards for which it was registered or if the qualities and attributes it represents are no longer maintained.
3. Inaccurate or Fraudulent Registration: If a geographical indication was obtained by deception, fraud, or false representation, its registration may be deemed invalid and subsequently revoked. Any interested party may submit a petition for this removal.
4. Becoming a Generic Term: If a geographical indication evolves into a generic term over time and is no longer linked to a particular region, its registration may be annulled.
5. Cancellation by the Registrar or Tribunal: The Registrar of Geographical Indications has the authority to remove a GI from the register if it is determined that it should not have been registered initially. Any affected party can also seek cancellation before the Intellectual Property Appellate Board (IPAB) or the relevant legal authority.

Restoration of Registration of Geographical Indication

A Geographical Indication (GI) registration in India is valid for ten years and needs to be renewed before then. The registration could be deleted from the register if it is not renewed on time. However, a method for restoring a lapsed GI is provided by the Geographical Indications of Goods (Registration and Protection) Act, 1999.

Procedure for Restoration:

1. Renewal Grace Period: A GI registration may be reinstated within six months of the expiration date if it lapses due to non-renewal. The registered owner must pay the required fees and submit a renewal application along with a restoration request.
2. Registrar’s Authority: The restoration request may be granted or denied by the Registrar of Geographical Indications. The GI may be reinstated if the Registrar determines that the justifications for the lapse are acceptable.
3. Non-Restoration Consequences: The GI will be permanently deleted from the GI Register if it is not restored within the six-month grace period. Anybody can use the indication at any time after it is removed, and re-registration will require a new application.

Conclusion

The Geographical Indications of Goods (Registration and Protection) Act of 1999 provides a comprehensive legal framework that governs the process of registering, renewing, deleting, and restoring Geographical Indications (GIs) in India. Under this approach, GIs are guaranteed legal protection for the first ten years, with the option to extend it forever at successive ten-year intervals. The GI may be removed from the register if you miss the renewal date, but you have six months to restore it. Additionally, a registered GI may be revoked if it becomes a generic phrase, violates specific requirements, or is registered illegally.

The economic advantages of producers are preserved along with the originality of the product and regional tradition thanks to this methodical approach to registration and renewal. Therefore, in order to maintain a GI’s recognition and financial success, it must be renewed on schedule and in accordance with current requirements.