Module 5

Industrial Designs & Geographical

Indications
• The word ‘Design’ is defined as the features of shape, configuration,
pattern, ornament, or composition of lines or colors applied to any
article.
• The Design may be of any dimension, i.e., one or two or three
dimensional or a combination of these.
• However, the word ‘Design’ does not include any mode or principle of
construction or anything that is in substance a merely mechanical
device
Registration
• Object of Registration:
• The main object of registration of industrial designs is to protect and
incentivize the original creativity of the originator and encourage
others to work towards the art of creativity
eg:If an artist creates a novel and unique design for a chair, registering
that design ensures that he artist is recognized as the originator and
has exclusive rights to the design
Design Registration
• Eligibility Criteria
• Acts and Laws to Govern Industrial Designs
It should be novel and original.
It should be applicable to a functional article.
It should be visible on a finished article.
There should be no prior publication or disclosure of the Design
• List of Industrial Designs :
A list of Industrial Designs can be accessed from
[Link]
• Application: A trademark application is filed after completing a clearance
search to identify any potentially conflicting marks.
• Examination: An examining attorney reviews the application to ensure it
meets legal requirements and that the trademark is registrable. The
applicant may need to respond to any refusals or objections.
• Publication: If approved, the trademark is published in the Trademark
Official Gazette for a 30-day period, allowing the public to raise any
objections.
• Registration: If no opposition is filed, a registration certificate is issued,
but ongoing maintenance is required to keep the registration activesign
Rights
Geographical Indication
• A GI is defined as a sign which can be used on products belonging to a
particular geographical location/region and possesses qualities or a
reputation associated with that region.
• In GI, there is a strong link between the product and its original place
of production
• In India, GI was introduced in 2003 and is governed under the
Geographical Indications of Goods (Registration & Protection) Act,
1999 and the Geographical Indications of Goods (Registration &
Protection) Rules, 2002
REGISTERED GI IN INDIA
• GI products registered in India belong to the domains of handicrafts,
agricultural, food stuffs, alcoholic beverages, etc.
• The first GI tag was granted in 2004 to Darjeeling Tea and the latest
being Kashmir Saffron and Manipur Black rice (Chakhao) in May 2020. A
total of 370 GI have been registered in India till May 2020.
• Nearly 58% of these belong to handicrafts, followed by agriculture
(30%).
• Other categories belong to food stuff, manufacturing, and natural goods.
• In the Handicraft category, Tamilnadu holds the maximum number (21) of
GI followed by Uttar Pradesh (20) and Karnataka (19).
GI products
Mysore Silk Handicraft Karnataka

Kashmir Pashmina Handicraft Jammu & Kashmir

Banaras Brocades and Sarees Handicraft Uttar Pradesh

Naga Mircha Agriculture Nagaland

Tirupathi Laddu Foodstuff Andhra Pradesh

Phulkari Handicraft Punjab, Haryanam Rajasthan

Basmathi Agriculture India

IDENTIFICATION OF REGISTERED GI
• Registered GI products are granted a tag, which is printed on the
registered products. The tag confirms the genuineness of the product in
terms of its production (by set standards) and location of production.
• Non-registered GI products cannot use/exploit this tag.
• By and large, GI tags represent the place of origin (of the product) along
with cultural and/or historical identity e.g. Darjeeling Tea, Mysore Silk,
Tirupathi Laddu, etc.
• In India GI tags are issued by the Geographical Indication Registry under
the Department for Promotion of Industry and Internal Trade, Ministry
of Commerce and Industry.
CLASSES OF GI
• GI certified goods are classified under 34 different classes, such as
Class 1 is for chemicals used in industry, science, photography,
agriculture, horticulture and forestry; unprocessed artificial resins,
unprocessed plastics; manures; fire extinguishing compositions;
tempering and soldering preparations; chemical substances for
preserving foodstuffs; tanning substances; adhesives used in industry.
• Class 33 is for alcoholic beverages (except beers) and Class 34 is
related to tobacco, smoker‘s articles and matches. More details can
be extracted from the official website of CGPDTM Office.
 RIGHTS GRANTED TO THE HOLDERS
• Right to grant the license to others - The holder has the right to gift,
sell, transfer/grant a license, mortgage or enter into any other
arrangement for consideration regarding their product. A license or
assignment must be given in written and registered with the
Registrar of GI, for it to be valid and legitimate.
• Right to sue - The holder of GI has the right to use and take legal
action against a person who uses the product without his consent.
• Right to exploit - The holder of GI can authorize users with
exclusive right to use goods for which the GI is registered.
• Right to get reliefs - Registered proprietors and authorized users
have the right to obtain relief concerning the violation of such GI
products
NON-REGISTERABLE GI
• For GI registration, the indications must fall within the scope of section
2(1) (e) of GI Act, 1999. Being so, it has to also satisfy the provisions of
Section 9, which prohibits registration of a GI mentioned below:
• The use of which would be likely to deceive or cause confusion.
• The use of which would be contrary to any law.
• Which comprises or contains scandalous or obscene matter
• Which comprises or contains any matter likely to hurt the sentiments of
society
• Religious susceptibilities of any class or section of the citizens of India
• Which are determined to be generic names or indications of goods and
are, therefore, not or ceased to be protected in their country of origin or
which have fallen into disuse in that country.
PROTECTION OF GI
• Sui generis systems (i.e. special regimes of protection) and under
certification or collective mark systems. Many countries, including
India to protect GI by using the sui generis system.
• This decision was taken after the TRIPS agreement (1995) and an
option was given to the countries to choose either TRIPS standards or
the sui generis system.
• This was decided by considering the fact that every country has
different legislation and geographical structures & resources.
Therefore, this system is not uniform in all countries and varies
according to the jurisdiction and legislation of the particular country.
 COLLECTIVE OR CERTIFICATION
• MARKS
Certification marks aim to certify the products comply with specific
quality standards irrespective of their origin. These standards include
permitted materials and manufacturing methods.
• Therefore, the purpose of certification marks is to distinguish
certified goods from non- certified ones.
• Collective marks are owned by associations ensuring compliance
with the agreed standards.
• Collective marks signify that a good or service originates from a
member of a particular association.
• The Collective mark is used by cooperating enterprises that have
agreed to comply with defined quality standards for goods or services
that share common characteristics
ENFORCEMENT OF GI RIGHTS
• The rights to GI protection are typically enforced by
the court of law.
• The sanctions provided could be civil (injunctions
restraining or prohibiting unlawful acts, actions for
damages, etc.), criminal, or administrative
Flow
GI ECOSYSTEM IN INDIA
• India is among the geographically and traditionally rich countries.
• The scope of generating GI products in India is enormous. These products can
contribute to the economic development of a particular region or society.
• However, till June 2021, a total of 370 GI have been registered in India, which is much
below its potential.
• The below Figure represents the statistics for GI (filed, and registered) for the period
2010-20. Maximum number (148) of GI was filed in 2011-12 whereas, minimum number
• (17) was observed in 2015-16.
• Not much change in the number of GI registrations was observed during the period
2010-
• 20. Each year the number hovered around in the twenties, with maximum registrations
• (34) seen in 2016-17
CASE STUDIES ON PATENTS
• Case study of Curcuma (Turmeric) Patent,
• Case study of Neem Patent
• Case study of Basmati patent