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The Potential of Geographical Indications and Its Legal Protection.

Geographical Indications and Its Legal Protection

Geographical indications means any indications which define the goods as originating in the particular territory of a country or a region or locality in that territory, provided that the given quality reputation or other characteristics of the product are attributable to its geographical origin which means that the geographical indications have to indicate that a product of a particular origin has a certain quality or reputation or some other characteristics, which is primarily attributed to its geographical origin.

A geographical indication (GI) is a sign or a symbol used on products that have a specific geographical origin and possess qualities or a reputation that belong to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. Besides, the qualities, characteristics, or reputation of the product should be necessary due to the place of origin. Since the conditions depend on the geographical area of production of the product, there is a clear linkage between the product and its original place of production.

Registration of Geographical indications

The filing of a geographical indication shall if accepted, give to the registered proprietor and the authorized user or users the right to obtain relief in respect of its infringements and to the authorized user the exclusive rights to the use of the geographical indication concerning the goods in respect of which it is registered.

The application must contain:

  • A statement that the geographical indication serves to designate the goods as originating from the concerned territory in respect of the quality, reputation or other characteristics which are exclusive or essential to the geographical environment, with its inherent natural, and human factors and the production or processing or preparation of which takes place in such territory, region or locality.
  • The class of goods to which the geographical indication shall apply.
  • The geographic map of the area of the country, territory, region or locality in the state in which the goods are originated or are being manufactured;
  • Regarding the appearance of the geographical indication as to whether it is comprised of the words, figurative elements or both;
  • A statement containing particulars of the producers of the concerned goods, if any, proposed to be initially registered with the registration of the geographical indication as may be prescribed under the act and such others as may be prescribed.

Protection of Geographical indications-

Geographical indications are protected in different countries and regional systems through a wide variety of approaches and often using a combination of two or more of the strategies outlined above. These approaches have been developed according to different legal traditions and within a framework of individual historical and economic conditions.

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