Geographical Indications - Registration Procedure Intricacies
A question from the editor of a magazine invigorated me to write this post. The question was directed to the procedure of registration of Geographical Indications (GI) in India. A lot has been said regarding the formal procedure which ends with a high note that the procedure is lengthy and complex. However, not much has been said or written giving practical insights about the procedural intricacies and that's what this post is about!
Categorize the goods at hand: whether it is agricultural, handicraft, manufactured or natural goods?
Moving on, find out the need for protection of the particular community product. A little bit of market research of the product would prove to be useful in establishing the case later, if required. If there has been misappropriation of the name of the product then record the incident with the available evidences such as news, analytical report etc.
Before commencing the drafting of application, an applicant, necessarily representing the interests of the community should be identified. The applicant can preferably be a registered society or trust formed by the community itself.
Fresh physico-chemical analysis of the product should be performed so that the same values can be entered in application while identifying the unique properties associated with the goods. For example, Pomegranate from a particular region has higher antioxidant content as compared to adjacent and distant regions growing pomegranate.
With all this data, a stage is set for drafting the application.
One of the foremost thing is to get the Proof of Origin of the goods for which protection is being sought. Historical records in the district gazetteer with the precise name of the product will be useful in establishing the case. True copy of the same can be submitted along with the application as Annexure.
Identify the unique properties of it which can be associated with the geographical origin. Comparative analysis of the similar product from nearby region can be given in order to prove the contribution of the soil, water and overall climatic conditions in the development of the product.
Reason out and elaborate on how the protection is must for the applied product. Passing off, infringement of the product should be noted and resulting economic loss could also be pointed out.
Lastly, the application must elaborate on how the applicant is going to ensure on the protection of the communities' product. Inspection Body and Internal Watchdog Mechanism should be formed by applicant to ensure the enforcement of rights, when granted.
According to my little understanding from what I have seen and experienced in past two years, communities need to see their goods as their own first, come together and maintain the genuineness of the product in order to gain the larger market coverage. I am sure a GI Revolution will happen in India with such efforts!!
~ until next time ~
Stay tuned..
Cheers..!
Categorize the goods at hand: whether it is agricultural, handicraft, manufactured or natural goods?
Moving on, find out the need for protection of the particular community product. A little bit of market research of the product would prove to be useful in establishing the case later, if required. If there has been misappropriation of the name of the product then record the incident with the available evidences such as news, analytical report etc.
Before commencing the drafting of application, an applicant, necessarily representing the interests of the community should be identified. The applicant can preferably be a registered society or trust formed by the community itself.
Fresh physico-chemical analysis of the product should be performed so that the same values can be entered in application while identifying the unique properties associated with the goods. For example, Pomegranate from a particular region has higher antioxidant content as compared to adjacent and distant regions growing pomegranate.
With all this data, a stage is set for drafting the application.
One of the foremost thing is to get the Proof of Origin of the goods for which protection is being sought. Historical records in the district gazetteer with the precise name of the product will be useful in establishing the case. True copy of the same can be submitted along with the application as Annexure.
Identify the unique properties of it which can be associated with the geographical origin. Comparative analysis of the similar product from nearby region can be given in order to prove the contribution of the soil, water and overall climatic conditions in the development of the product.
Reason out and elaborate on how the protection is must for the applied product. Passing off, infringement of the product should be noted and resulting economic loss could also be pointed out.
Lastly, the application must elaborate on how the applicant is going to ensure on the protection of the communities' product. Inspection Body and Internal Watchdog Mechanism should be formed by applicant to ensure the enforcement of rights, when granted.
According to my little understanding from what I have seen and experienced in past two years, communities need to see their goods as their own first, come together and maintain the genuineness of the product in order to gain the larger market coverage. I am sure a GI Revolution will happen in India with such efforts!!
~ until next time ~
Stay tuned..
Cheers..!
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