Home IPR STUDY OF RECENT GI (GEOGRAPHICAL INDICATION) NOTIFICATION...

STUDY OF RECENT GI (GEOGRAPHICAL INDICATION) NOTIFICATION OF 26TH AUG, 2020.

Strengthening of GI laws motivates the commercialization of GI products. Make in India campaignis been very strongly dependent on GI growth and law. It’s the powerhouse of local manufacturing campaign without the help of the FDI. Several changes have been made to demand the goals of today. In so far total number of GI has been filed are 361, which is a massive development for socio economic state of farmers of India. This act may be called as Geographical Indication of Goods (Registration & Protection) Amendment Rules 2020 itself tells it importance.

Farmers and business fraternity are highly hopeful to see how this law and change promotes the growth. It’s highly crucial to recognize and invest in Indigenous Culture by way of Traditional Knowledge and Geographical Indication as much as can.

RECENT  GI (GEOGRAPHICAL INDICATION)   NOTIFICATION OF 26TH AUG, 2020.
RECENT GI (GEOGRAPHICAL INDICATION) NOTIFICATION OF 26TH AUG, 2020.

Better legal protection and methods of Traditional Knowledge and Geographical Indications boosts the commercialization scenario of any business. Awareness of Traditional Knowledge investments possibilities, opportunities and benefits coming out of is needed for a business to grow. An attempt has been made by the government very recently to meet the goals of today which has been mentioned down below:

Central government has recently proposed an amendment in  the Geographical Indication of Goods   (Registration & Protection) Rules 2002 on the date of 26 th Aug., 2020 after consulting and inviting respective opinions and suggestions, it was within the 30 days from the date on which the copies of the notification were made to the public as per the rule . Vide notification of the Government of India in the Ministry of Commerce & Industry (Department of Promotion of Industry and Internal Trade) number GSR .645 dated the 12th Sept 2019 in the Gazette of India, Extraordinary, Part II, Sec3, sub section 1.

However no objections and suggestions were received in so far from the public in respect of the draft rules central government has herby made the following rules further to amend the Geographical & Indications (Registration & Protection) Rules 2002 under the power mentioned in the Sec 87 ( Power to make Rules ) of the Geographical Indication of Goods  (Registration & Protection) act 1999.

Changes are as follows:

1. Short title and commencement – Now onwards these rules may be called as the Geographical Indication of Goods (Registration & Protection) Amendment Rules 2020.

(2) The shall come into the force from the date of their publication in the official gazette.

2.  In the Geographical & Indications (Registration & Protection) Rules 2002 the Rule 56 shall be replaced:

Sec 56.  Authorised User (1) an application for the authorised user under section 17, (Application for registration as authorised user)  may be made to the registrar in the Form GI.3  accompanied by a  statement of case as to how the applicant claims to be the producer of the registered geographical indication.

(2) A copy of the application made under sub section (1) shall be given to the registered proprietor of the geographical indication and intimate the same to the registrar.

(3) In the Rule of sec 59 for sec (1) the following rule shall be replaced:

– If at any case where no opposition has been filed regarding application advertised or re  advertised within the period mention in sec 17 (3) where an opposition is filled and it is dismissed the registrar shall enter the authorised user of part B of the registrar and shall issue a registration certificate with the seal of geographical indication registry .

(4) In the sec 59 (2), clause (f) and (g) shall be omitted.

(5) In the sec 59 (3) the words would be omitted.

“A representation of the geographical indication exactly as shown in the form of application for registration thereof at the time of the registration shall be accompanying such request’’.

(6) In the said rule of the First schedule, for the entry in the 3A following rule shall be substituted,  

–  Application of the registration of an authorised user of the registered geographical indication under sec 17, rule 56(1).

– The entry 3 B shall be omitted.

– For the entry in 3 C, the following entry shall be replaced: 3B ; for renewal of an authorised user of sub sec 2 of Sec 18 sub rule (1) of rule 60.

(7) In the second schedule the following Form:  

– GI – 3 of Sec 18 (5) of Rule 59, i.e. Request for issuance of a registration certificate as an authorised user. 3B. shall be omitted. 

– For the form number, GI (3) of sec 18(2), rule 60(1) i.e. for renewal for the authorised user. 3C the following has been substituted {GI (3) of se 18 (2), rule 60 (1) for renewal of an authorised user. 3B.}

(8) In the said rules, for Form GI 3, the following form shall be substituted, namely:-

Geographical Indications of Goods (Registration & Protection) Act, 1999

Geographical Indications of Goods (Registration & Protection) Rules, 2002

Form GI 3A

Application for the Registration of an Authorized User [Section 17 (1), Rule 56 (1)]

Fee: Rs. 10 [See entry No.3A of the First Schedule]

 1) Name of the Applicant (proposed Authorized user: _______________

(2) Address of the applicant: _______________________________

(3) Address of service (if different from Above): ___________________

(4)Registered Geographical Indication for which application is made: _____________________________________

(5) Email id: __________________________________

(6) Phone/mobile number: _________________________

Declaration: (1) I hereby declare that I have enclosed the statement of case and evidence of due service of copy of my application to the registered proprietor (Name of registered proprietor) for____________, registered as a Geographical Indication.

(2) I also declare that all the above information is true and correct to the best of my knowledge and belief.

(3) I undertake that if any of the information is found incorrect or false, my application may be rejected and if already accepted, my registration maybe revoked and my name removed from Part B of the register.

Date:

Place:

SIGNATURE

Geographical Indications of Goods (Registration & Protection) Act, 1999 Geographical Indications of Goods (Registration & Protection) Rules, 2002 Form GI 3B Application for Renewal of Registration of an Authorized User [Section 18 (2), Rule 60 (1)] Fee: Rs. 10 [ See entry No.3B of the First Schedule]
(1) Name of the Applicant (Authorized User): __________________ (2) Address of the Applicant: _____________________________ (3) Address of service (if different from above): ______________________________________________ (4) Registered Geographical Indication for which application is made: ___________________________________________ (5) Email id: _______________________________ (6) Phone/mobile number :__________________________ MANOJ KUMAR VERMA Digitally signed by MANOJ KUMAR VERMA Date: 2020.08.26 20:25:47 +05’30’ DECLARATION: I acknowledge that my registration as an authorized user will be valid after renewal for a period of 10 Years, or for such period as the geographical indication continues to be registered, whichever is lesser. Date: Place: SIGNATURE

[F. No. P-24027/4/2018-IPR-IV (Pt-1)]

RAVINDER, Jt. Secy.

Note: The principal rules were published in the Gazette of India; Extraordinary, Part II, Section 3, Sub-section (i) vide notification number G.S.R. 176 (E), dated 08th day of March 2002.

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