ICORP LEGAL is one of the few firms in India that focuses on Geographical Indication (GI), a highly specialised area. We have filed several GI Applications to register the GI Rights of producers and artisans of India.
Our services include:
- Conducting search and due diligence.
- Counselling and support for the registrability of Geographical Indications.
- Filing applications for registration of GI.
- Conducting oppositions and cancellation actions.
- Attending to the objections raised.
- Representing clients before GI Registry.
- Renewal services.
Representing clients in infringement proceedings for GI proceedings.
Registration Process of Geographical Indications
The registration of GI for a product has many benefits. Firstly, it protects the interests of producers of such goods. Secondly, it excludes unauthorised persons from misusing such GI and promotes goods with GI for export in the international market. A GI can be registered in the following manner:
- Filing of Application
The Application for registration of a product as GI should be made in triplicate and shall be signed by the Applicant or his agent accompanied with a Statement of Case detailing the special characteristics of such product and how those standards are maintained.
The Application should be supplemented with three certified copies of the map to which the geographical indication relates and the detailed inspection structure, if any, to regulate the GI in that region. Details of the Applicant with the address should also be provided in the Application.
- Preliminary Scrutiny and Examination
After the Examiner had scrutinised the application, the Applicant has 1 month to clear all the deficiencies. A consultative group of experts in that field ascertain the correctness of particulars furnished in the Statement of Case. Thereafter, an examination Report is issued by the Examiner.
- Show-Cause Notice
If the Registrar has any objections with the application, the Applicant has 2 months to respond to those objections or he can apply for a hearing and the decision to such hearing is duly communicated to the Applicant. If the Applicant wishes to appeal, he can request so within a period of 1 month. The registrar can also withdraw such application which was accepted in error after giving an opportunity to be heard.
- Publication in Geographical Indication Journal
If the Application is accepted, it is then published in GI Journal within 3 months.
- Opposition to Registration
Any person can file a Notice of Opposition to the GI application within 3 months of its publication in the Journal for which the Registrar shall serve a copy of Notice to the Applicant. The Applicant has to serve a copy of the counter-statement to the Registrar who shall then serve a Notice of Counter-Statement to the person filing the notice of Opposition. In case the Applicant does not file a reply to the Notice of Opposition, the application is considered to be abandoned.
After serving the Notice of Counter-Statement, both parties are required to lead their evidences in form of Affidavits and supporting documents. The Registrar shall then fix a date for hearing.
- Registration
If the application is accepted, it will be registered by the Registrar and the date of filing of such application is considered as the date of registration. The Registrar has to issue a Certificate of Registration of the GI with seal of the GI Registry.
A registered GI has to renew in every 10 years after payment of prescribed fees.
Attorneys at iCorp Legal are well equipped to handle filings, prosecution and renewal of Geographical Indications.
