Ipr management geographical indication

IPR MANAGEMENT-Geographical indication 

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

IPR MANAGEMENT

TANMOY MUKHERJEE

ADVOCATE

Difference between GI & Trademark: -

Basis/Subject

               GI

         Trademark

DEFINITION

A signed used on goods with specific Geographical origin and qualities or reputation due to place.

A distinctive sign or symbol or identifying goods or services of a particular Source of company.

PURPOSE

To indicate the origin and quality linked to region.

To identify and distinguish products of one business from another.

OWNERSHIP

Owned collectively by producers or associations of region.

Owned by an individual and company or organization.

NATURE OF RIGHTS

Collective right used by all registered producers in that region.

Exclusive right belongs to the trademark owner only.

TRANSFE-RABILTY

Cannot be transferred or sold.

Can be assigned, sold or licensed.

SCOPE OF USE

Only producers in the define region can use the GI.

Owner has global or national exclusive rights based on registration.

LEGAL PROTECTION

Geographical Indications of Goods (Registration and Protection Act, 1999).

Trademark Act, 1999.

EXAMPLE

Darjeeling Tea, Banarasi Saree, Alphonso Mango.

Nike, Tata, Amul

 

 

.

DURATION

10 years (Renewable)

10 years (Renewable).

FOCUS

Protects place-based identity and traditional knowledge.

Protects brand identity and commercial Good-Will.

Authorised Users:

Legal Provisions: -

  1. Section 17: Application for registration as an authorised user.
  2. Section 18: Duration, renewal, and rights of authorised user.

Rights:

Reference Cases-