Geographical Indicators application process in India
Darjeeling Tea was the first good to be registered as a GI good in India. The need for Darjeeling Tea to get GI protection became pronounced when it was discovered that the volume of Darjeeling Tea being sold in international market was more than the volume being produced. This made it clear that gross misappropriation by way of free riding on the brand reputation of Darjeeling Tea was taking place in the international market. The move for registration of Darjeeling Tea was initiated soon after the GI Act came into force and the process of registration was relatively smooth because it was initiated by The Tea Board of India which is a financially sound body and could afford hiring the services of all required legal, scientific and other technical experts.
The point which is being made here is that for GI registration, the nature and capacity of the applicant association is crucial. Once the need is felt for registration of a good as a GI good, the first and foremost requirement is the existence of a credible association that can be said to represent the interest of the producers of the good under consideration. The Indian GI Act says that any association of persons, producers, organization or authority established by or under the law is eligible to apply for GI registration. The applicant must represent the interest of the producers. Producers are defined as persons dealing with the following three categories of goods: 1) Agricultural Goods include the production, processing, trading or dealing; 2) Natural Goods include exploiting, trading or dealing; and 3) Handicrafts or Industrial goods include making, manufacturing, trading or dealing
The second stage is the submission of application for registration under the GI Act, 1999. The due diligence exercise requires tremendous amount of time, energy, money and technical expertise. The application has to include details of special characteristics of the...
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