GEOGRAPHICAL INDICATION
- Geographical Indication (GI) is a symbol that identifies a product as originating from a particular territory, region or locality and possesses a specific quality, characteristic or reputation that are due to that origin. It can be a name or diagram of the geographic location, a symbol or anything capable of identifying the source of origin of the product. Few registered GIs include: Darjeeling Tea, Kanchipuram Silk Saree, Tirupathi Laddu, Madurai Malli and Thanjavur Doll.
- In general, a trademark identifies a product or service as originating from a particular person or business, whereas a GI identifies a product as originating from a particular place.
- In India, first legislation with respect to GI was introduced in the year 1999 and came into effect from 15 September 2003. Currently, GIs in India are protected under the Geographical Indications of Goods (Registration and Protection) Act, 1999 and The Geographical Indications of Goods (Registration & Protection) Rules, 2002.
- The ‘Geographical Indications Registry’ located at Chennai is administering the registration procedures.
- GIs are typically used for agricultural, natural and manufactured goods including handicrafts, foodstuffs and industrial products.
- In India, only an association of persons, producers, corporation or organisation registered under the law who represents the interest of the producers can apply for GI.
- A registered GI is valid for 10 years from the date of filing an application for registration and is renewable indefinitely for subsequent periods of ten years on the payment of renewal fees before the expiry date.
- Producers of a registered GI have the right to restrain others from using the indication on their product that does not originate from their geographical area and/or does not conform the applicable standards. For example, producers of Tirupathi Laddu can prevent the use of the term Tirupathi in any laddu not prepared by their authorised producers and not prepared as per their established standards.
PLANT VARIETY RIGHTS
- Plant variety right (PVR) is a legal right granted for the breeders of a new, distinct, uniform and stable variety of plant. Typically, PVR offers the same kind of protection as patents does, but with many exceptions as to infringement.
- In India, following the ratification of the TRIPS agreement, first legislation with respect to plant variety protection was introduced in the year 2001. Currently, PVR in India are protected under the Protection of Plant Variety and Farmers’ Rights Act, 2001 and Protection of Plant Varieties and Farmers’ Rights Rules, 2003.
- The registration procedures are being administered by the ‘Protection of Plant Varieties and Farmers’ Rights Authority’ located at New Delhi under the Ministry of Agriculture.
- In India, the government has notified 57 species of ordinary crops like wheat, rice, mango, maize, etc., and 57 species of prioritised crops like cashew, tea, eucalyptus, coriander, etc. as the crops eligible for registration as new varieties.
- The applicant for registering a new plant variety must file, together with the application, a declaration that the plant variety does not contain any gene or gene sequence involving terminator technology/genetic restriction technology that could make the plant produce sterile seeds.
- A registered plant variety is valid for an initial period of 9 years from the registration date in case of trees and vines and 6 years from the registration date in case of other varieties.
- The protection term may be extended on an application for review with renewal fees filed during twelve to eighteen months before the expiration of the initial period of registration. The maximum term of protection should not exceed 18 years for trees and vines and 15 years other varieties.
