GEOGRAPHICAL
INDICATIONS TAG
E-BOOK X
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Geographical
Indications Tag
Contents
Geographical Indication (GI) tag 2 Intellectual Property Rights (IPR) 2 Types of intellectual property 2
Copyright 2 Patents 2 Trademarks 3 Industrial designs 3 Geographical indications 3 Trade secrets 3
What is a Geographical Indication? 3 Logo of Geographical Indication: 4
Validity of GI Tag 4
Who approves GI Tag in India? 4 Necessity and importance of GI TAG: 5 What is the benefit of registration of geographical indications? 5 Geographical indications-Criteria,Protection,policy etc. 5
GI Tags of 2019 7
Palani Panchamirtham, a 'prasadam' or religious offering in temples: 8 Palani Town, Tamil Nadu
Tawlhlohpuan, is a fine quality fabric woven: Mizoram 8 Mizo Puanchei, essentially a shawl, is considered the most colourful textile: 9 Mizoram
Tirur betel vine valued for its medicinal and cultural usages: 9 Malappuram district of Kerala
'Odisha rasagola', for the delectable eastern sweet: Odisha 10 Other GI Tags list of 2019 10 Kandhamal Haladi - Agricultural-Odisha 11 Kodaikanal Malai Poondu - Agricultural - Tamil Nadu 11 Pawndum-Handicraft - Mizoram 11 Ngotekherh-Handicraft - Mizoram 12 Hmaram-Handicraft - Mizoram 12 Gulbarga Tur Dal- Agricultural - Karnataka 13 Irish Whiskey - Manufactured - Ireland 13 Khola Chilli - Agricultural-Goa 14 Idu Mishmi Textile-Handicraft - Arunachal Pradesh 14 Dindigul Locks-Manufactured - Tamil Nadu 15 Kandangi Saree-Handicraft - Tamil Nadu 15 Srivilliputtur Palkova - Food Stuff- Tamil Nadu 16 Kaji Nemu-Agricultural - Assam 16
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Geographical Indication
Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by c o py r i g h t ra n g e f ro m b o o k s , m u s i c , paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.
A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others. In exchange for this right, t h e p a t e n t o w n e r m a k e s t e c h n i c a l information about the invention publicly available in the published patent document.
A t r a d e m a r k i s a s i g n c a p a b l e o f distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when artisans used to put their signature or "mark" on their products.
These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.
The importance of intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual Property Organization (WIPO).
Intellectual
Property Rights (IPR)
Types of Intellectual
Property
Copyright
Patents
Trademarks
(GI) Tag
An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.
Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods.
Trade secrets are IP rights on confidential information which may be sold or licensed. The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.
Industrial designs
Geographical indications
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What is a
Geographical Indication?
A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation due to that place of origin.
Most commonly, a geographical indication consists of the name of the place of origin of the goods.
Agricultural products typically have qualities that derive from their place of production and are influenced by specific local geographical factors, such as climate and soil.
Whether a sign functions as a geographical indication is a matter of national law and consumer perception.
The use of geographical indications is not limited to agricultural products.
Simply Geographical Indication means It is an indication
It originates from a definite geographical territory.
It is used to identify agricultural, natural or manufactured goods
The manufactured goods should be produced or processed or prepared in that territory. It should have a special quality or reputation or other characteristics
Along with agricultural goods, the natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.
Approved by the Geneva-headquartered World Trade Organization, a GI tag recognises the place of origin of a product and the specific qualities or means of production associated with it. GI Tag acts as a certificate and it is a way of ensuring that similar products from elsewhere cannot be sold under this name.
Logo of
Geographical Indication?
A GI Tag is valid for a decade, after which it can be renewed for another 10 years.
In India, the GI tag is governed by the Geographical Indication of Goods (Registration and Protection) Act which came into being in 1999.
Validity of GI Tag
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Geographical indications are understood by consumers to denote the origin and quality of products.
Many of them have acquired valuable reputations which, if not adequately protected, may be misrepresented by commercial operators.
False use of geographical indications by unauthorized parties, for example
It confers legal protection to Geographical Indications in India
Prevents unauthorised use of a Registered Geographical Indication by others
I t p rov i d e s l e g a l p ro t e c t i o n t o I n d i a n Geographical Indications which in turn boost exports.
It promotes economic prosperity of producers of goods produced in a geographical territory. “Darjeeling” for tea that was not grown in the tea gardens of Darjeeling, is detrimental to consumers and legitimate producers.The former are deceived into believing they are buying a genuine product with specific qualities and characteristics, and the latter are deprived of valuable business and suffer damage to the established reputation of their products.
Necessity and
importance of
GI TAG:
What is the bene it
of registration of
geographical
indications?
Geographical indications are protected in accordance with national laws and under a wide range of concepts, such as laws against unfair competition, consumer protection laws, laws for the protection of certification marks or special laws for the protection of geographical indications or appellations of origin.
Established in 1970, the World Intellectual Property Organization (WIPO) is an international organization dedicated to helping ensure that the rights of creators and owners of intellectual property are protected worldwide, and that inventors and authors are therefore recognized and rewarded for their ingenuity.
This international protection acts as a spur to human creativity, pushing back the limits of science and technology and enriching the world of literature and the arts.
By providing a stable environment for marketing products protected by intellectual property, it also oils the wheels of international trade.
WIPO works closely with its Member States and other constituents to ensure the intellectual property system remains a supple and adaptable tool for prosperity and well-being, crafted to help realize the full potential of created works for present and future generations.
As part of the United Nations system of specialized agencies, WIPO serves as a forum for its Member States to establish and harmonize rules and practices for the protection of intellectual property rights. WIPO also services global registration systems for trademarks, industrial designs and appellations of origin, and a global filing system for patents. These systems are under regular review by WIPO's Member States and other stakeholders to determine how they can be improved to better serve the needs of users and potential users.
In essence, unauthorized parties may not use geographical indications if such use is likely to mislead the public as to the true origin of the product.
Applicable sanctions range from court injunctions preventing unauthorized use to the payment of damages and fines or, in serious cases, imprisonment.
Geographical indications
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Many industrialized nations have intellectual property protection systems that are centuries old.
Among newer or developing countries, however, many are in the process of building up their patent, trademark and copyright legal frameworks and intellectual property systems. With the increasing globalization of trade and rapid changes in technological innovation, WIPO plays a key role in helping these systems to evolve through treaty negotiation; legal and technical assistance; and training in various forms, including in the area of enforcement.
WIPO works with its Member States to make available information on intellectual property and outreach tools for a range of audiences –from the grassroots level through to the business sector and policymakers – to ensure its benefits are well recognized, properly understood and accessible to all.
India has a well-established legislative, administrative and judicial framework to safeguard IPRs, which meets its international obligations while utilizing the flexibilities provided in the international regime to address its developmental concerns. India has a Trade Related Aspects of Intellectual Property Rights (TRIPS) compliant, robust, equitable and dynamic IPR regime.
In addition, the Government of India has taken various steps to further strengthen the IPR regime of the country, some of which are as follows:
The National IPR Policy, 2016 was adopted as a vision document to guide future development of IPRs in the country.
Subsequently, under the Finance Act, 2017, the Copyright Board has also been merged in the Intellectual Property Appellate Board.
The Patents Rules, 2003 and the Trademarks Rules, 2002 have been amended whereby the IP processes have been re-engineered to streamline them and make them more user-friendly
IPR awareness and training programmes are held for academic institutions, industry associations and enforcement agencies.
The Government has entered into an agreement with WIPO for establishment of Technology and Innovation Support Centers (TISC)
Special provisions have been made for startups and MSMEs.
The administration of Copyright Act, 1957 and Semiconductor Integrated Circuits Layout-Design Act, 2000, along with their associated Registries, has been transferred to the Department for Promotion of Industry and Internal Trade (DPIIT).
The Commercial Courts set up under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 also deal with IP disputes.
India has acceded to a number of multilateral treaties and agreements in the past two years, such as WIPO Copyright Treaty, WIPO Performance and Phonograms Treaty, Nice Agreement concerning the international classification of goods & services for the purposes of registration of marks, the Vienna Agreement establishing an international classification of the figurative elements for marks and Locarno Agreement establishing an international classification for industrial designs.
GI Tags of 2019
In the month of September, the government allotted Geographical Indication (GI) tags to four new products from the states of Tamil Nadu, Mizoram and Kerala.
The Department of Promotion of Industry and Internal Trade (DPIIT) recently registered GIs for Palani Panchamirtham in Palani Town, Tamil Nadu, Tawlhlohpuan and Mizo Puanchei from Mizoram and Tirur Betel leaf from Kerala.
Palani Panchamirtham, a 'prasadam' or
religious offering in temples:
Palani Town,
Tamil Nadu
Palani Panchamirtham is a combination of five natural substances, namely, Banana, Jaggery Sugar, Cow Ghee, Honey and Cardamom in a definite proportion. The Palani Panchamirtham is well known for its religious fervour and gaiety. The consistency taste and flavor are typical characteristics of palani Abisega panchamirtham prepared by the Temple Administration. It is very unique in t e r m s o f q u a l i t y , r e p u t a t i o n a n d characteristics which go into its making.
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Tawlhlohpuan, is a ine quality
fabric woven:
Mizoram
Ta w l h l o h p u a n h a d t h e m o s t c u l t u ra l significance among the Mizo Puan. Tawlhloh in Mizo language means 'to stand firm or not to move backward'. It was worn only by a very courageous warrior among the Mizo men as a symbol for their bravery. Before going out to fight in a war, Tawlhlohpuan was draped on the warriors in the Kawrtawnghak style of draping.
Tawlhlohpuan has a particular design. The b r e a d t h w i s e b a n d s o f s t r i p e s i n Tawlhlohpuan is so woven that none of the colored yarns on the warp are allowed to make their appearance against the red and white bands
Mizo Puanchei, essentially a shawl, is
considered the most colourful textile: Mizoram
Mizo Puanchei is the most colourful and popular among the Mizo Puan (Shawl/textile) and it is an essential possession for every Mizo lady, this is one of the traditional marriage outfit, and the most commonly used costume in their festive dances and official ceremonies. It is the most colorful among the Mizo textiles, Mizo Puanchei is truly the most artistic expression of the Mizo women for their natural talent in weaving, designing and color matching. The surface displays stripes of different dimensions with a preponderance of red stripes of different shades.
Tirur betel vine valued for its medicinal
and cultural usages:
Malappuram
district of Kerala
Tirur betel vine is mainly cultivated in Tirur, T a n u r , T i r u r a n g a d i , K u t t i p p u r a m , Malappuram and Vengara block panchayaths of Malappuram District. Betel leaf produced in Malappuram District of Kerala is known as Tirur betel leaf (Tirur Vettila in Malayalam); High antioxidant capacity and high phenol content in Tirur betel leaf adds to its medicinal properties. High eugenol content in TIrur Betel leaf gives better antifungal and antioxident properties to Tirur betel leaf.
'Odisha rasagola', for the delectable
eastern sweet:
Odisha
Odisha rasagola is very soft to feel, juicy and non-chewy in consistency, and can be swallowed without teeth pressure. The rasagola prepared in other places is circular in shape, milk white in colour and basically spongy and chewy in consistency
This mouthwatering culinary delight made of cottage cheese, loved by Odias across the world, is offered to Lord Jagannath as part of bhog since centuries.
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Other GI Tags list of 2019
Kandhamal Haladi-Agricultural:
Odisha
Kandhamal Haladi, a variety of turmeric indigenous to South Odisha and mostly cultivated in Kandhamal district.
Kodaikanal Malai Poondu - Agricultural:
Tamil Nadu
Kodaikanal's famed hill garlic (malai poondu) which is a pungent, raindrop-shaped bulb, has earned the Geographical Indication (GI) tag making it an agricultural product unique only to this southern hill station The tag protects prohibits use of the name 'hill garlic' for other varieties.
'Odisha rasagola', for the delectable
eastern sweet:
Odisha
Ngotekherh is a popular traditional cloth of the Mizo people. It is a delicately sewn cloth which is woven out of a loin-loom. The original Ngotekherh was plain white, rectangular in shape with only two black stripes of 3 of 4 inches broad each running in traverse direction at a distance of about 1/3rd of the whole length from both edge of the puan.
Ngotekherh is produced throughout the state o f M i z o ra m , a n d t h e m a i n C e n t re o f production is at Aizawl and in the village of
Pawndum - Handicraft:
Mizoram
Pawndum is an important traditional cloth of the mizo people. Pawndum literally means 'black cloth'. In Mizo language 'dum' means 'black'. It is one of the few traditional Mizo textiles (handicraft goods) which retains its social and cultural significance in their tradition.
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Hmaram - Handicraft:
Mizoram
Hmaram is a popular traditional cloth of the Mizo people. It is a small skirt, only worn by ladies and girls. In Hmaram, the indigo weft almost entirely conceals the white warp. There are weft-wise stripes of patterning which vary in size; some are broad while others are very narrow.
Gulbarga Tur Dal - Agricultural:
Karnataka
Gulbarga tur dal is light brown in color. It is also known as gulyal local, chaple, bennur local. Dal is light yellow in color; this variety matures in 145 to 150 days for cultivation. This is the shortest cultivation period compared to other varieties. Therefore, it completes its lifecycle during monsoon period; Unique soil properties and spherical nature seeds gives good quality dal with good aroma, taste and shelf life.
Khola Chilli - Agricultural:
Goa
Khola/Canacona chilli is the famous variety of spice-chilli which is grown in Khola village and surrounding areas of Canacona Taluka. The Khola Chillies are attractive red (brilliant red) in color. Khola-Chillies have the highest color value and stand deep red in color on maturity. Khola chilies are not too pungent. It is stated that these chilies alone have the best qualities which are not seen in any other type of chilies grown in the State of Goa and this contributes to the uniqueness the produce.
Irish Whiskey - Manufactured:
Ireland
Irish Whiskey identifies a sprit drink that originates in Ireland where its specific quality, reputation or other characteristics are essentially attributable to its geographical origin. Irish whiskey is a sprit drink produced from cereals with a minimum alcohol content of 40% and with a varying color from pale gold to dark amber physical appearance.
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Idu Mishmis are one of the major tribes among 26 tribes identified in Arunachal Pradesh. India. The main colors used are black (Teei) bright red (shu), and white (Low). while yellow (Meei) and dark green are less prominent. The patterns are inspired by nature. The motifs with small and big diamonds are woven one inside the other which create intricate patterns.
Idu Mishmi Textile - Handicraft:
Arunachal Pradesh
Dindigul Locks - Manufactured:
Tamil Nadu
The delo locks prepared here are very strong and special, these locks cannot be opened using another key or duplicate key. They have to be broken; Twin keys or three keys for a single lock and locks with multi locking system is a special feature of Dindugal locks
Srivilliputtur Palkova - Food Stuff:
Tamil Nadu
The climatic conditions of Srivilliputtur promote the growth of a variety of crops, which are later used as fodder for the livestock. The fodder intake of cows at Srivilliputtur and their rich grazing habit give a unique and a high-quality flavour to the milk and this is reflected in the making of 'palkova'. It is naturally sweet and therefore only less amount of sugar is added to prepare it. The uniqueness of the 'Srivilliputtur palkova' c o m e s f r o m t h e m i l k p r o d u c e d i n
Kandangi Saree - Handicraft:
Tamil Nadu
The art of Kandangi cotton saree making has been prevalent for more than 150 years. It has been believed to be brought by the Devanga Chettiars, a community of Chettiars who hailed from the Karnataka region.
A typical Kandangi Saree is thick, coarse cotton which can endure the roughest washes. The weavers of the Kandangi sarees use natural dyes. These dyes are generally extracted from vegetables and are in the colors of black, red and yellow. Traditionally, the Kandangi sarees are made in hues of mustard, earthy red, orange, brown and chromes. These sarees have the characteristic conventional checks and temple patterns for borders, as well.
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Kaji nemu (Assam lemon)” produces fruits all round the year having two peak seasons in a year. Flavour of “Kaji nemu (Assam lemon)” is different from other Lemon varieties.
The uniqueness of the fruit lies in its bearing habit. Even if it gets ripened it doesn't fall from the tree up to a very long period. Fruit are born in clusters on new shoots.
Kaji Nemu - Agricultural:
Assam
GI tags - a requirement of
agreement
TRIPS
India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection)Act, 1999 has come into force with effect from 15th September 2003.
Darjeeling Tea was the first Indian product to get the geographical indication tag. In 2004, the famous beverage got the recognition
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