• Geographical Indications (GI) meaning:
    Geographical Indication. Geographical Indication (GI) is a form of Intellectual Property that identifies goods originating from a specific geographical location and having distinct nature, quality and characteristics linked to that location. A GI right allows the holder to prevent its use by a third party whose product does not conform to the applicable standards. Darjeeling Tea, Basmati Rice, Banarasi Sarees, Lucknow Chikan, Pashmina Shawls, Madhubani Paintings, Makrana Marbles, Madurai Malli, to name a few, are some well-known examples of GI in India.
  • Geographical Indications (GI Tags) Filing Cost, Fees & Forms in India
    Please check whether the indication comes within the ambit of the definition of a Gl under section 2(1)(e).
    • The association of persons or producers or any organization or authority should represent the interest of producers of the concerned goods and should file an affidavit how the applicant claims to represent their interest.
    • Application must be made in triplicate. Application fee for the registration of a geographical indication for goods included in one class is Rs 5000
    • The application shall be signed by the applicant or his agent and must be accompanied by a statement of case.
    • Details of the special characteristics and how those standards are maintained.
    • Three certified copies of the map of the region to which the GI relates.
    • Details of the inspection structure if any to regulate the use of the GI in the territory to which it relates.
    • Give details of the entire applicant together with address. If there is a large number of producers a collective reference to all the producers of the goods may be made in the application and the G.I., If registered will be indicated accordingly in the register.
  • A registered GI shall be valid for 10 years and can be renewed on payment of renewal fee.
  • Additional protection for notified goods is provided in the Act.
    • An application may be made to the registrar in respect of goods notified by the central Government for additional protection for a registered geographical indication in Form GI-9 accompanied in triplicate along with a statement of case and shall be accompanied with the copy of the notification issued.
    • The application shall be made jointly by the registered proprietor of the Geographical indications in India and by all the producers of the Geographical indication.
    The fee for additional protection to certain goods under Section 22(2), Rule 77(1)is Rs.25,000
  • For registrability, 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 Geographical Indication
    • the use of which would be likely to deceive or cause confusion; or
    • the use of which would be contrary to any law for the time being in force; or
    • which comprises or contains scandalous or obscene matter; or
    • which comprises or contains any matter likely to hurt the time being in force; religious susceptibilities of any class or section of the citizens of India; or
    • which would otherwise be dismantled to protection in a court; or
    • 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; or
    • which although literally true as to the territory region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality as the case may be.
      Explanation 1 to section 9 says that for the purposes of this section, “generic names of indications” in relation to goods which although relates to the place of the region where the goods was originally produced or manufactured, has lost its original meaning and has become the common name of such goods and serves as a designation for an indication of the kind, nature, type of other property or characteristic of the goods.
      Explanation 2 further says that “in determining whether the name has become generic, account shall be taken of all factors including the existing situation in the region or place in which the name originates and the area of consumption of the goods.”
  • As an effort to institutionalize the Entrepreneurship and Skill Development initiatives, National Bank for Agricultural and Rural Development (NABARD) provides support to specialised institutions viz., RUDSETI/RUDSETI type of Institutions & RSETIs, which provide entrepreneurship development and training to rural youth/women on various skills, which can generate better livelihood options. Assistance is provided to these institutions, which comply with the criteria stipulated by NABARD.
    Ministry of Micro, Small and Medium Enterprises (MSME) has formulated scheme wherein the Government is granting reimbursement of upto Rupees 1 Lakh for registered GI.
  • Most of the associations often think whether it is worthwhile to go for geographical indication protection.

    Below are some of the advantages of geographical indication protection which will help them figure out the importance of protection.

    Boosts Exports
    The prime purpose of the geographical indications act is to provide a legal protection to geographical indications which encourages the marketers to expand their business worldwide. Therefore, the protection of geographical indications boosts exports.

    Economic Growth
    The protection of geographical indications helps in the economic prosperity of the producers. The marketing of GI products enhances the secondary economic activities in the GI region which boosts the regional economic development. The protection of geographical indications helps in building a good reputation and rewards the producers with incentives.

    Prevents Misuse of GI Tag
    A geographical indication is represented by a GI tag. The protection of the GI tag prevents misuse of a registered Geographical Indication. The producer has a legal right to charge anyone not belonging to the GI region trying to use their GI tag and save his reputation from being damaged. The farmers selling products of a given region have to face less competition from fake people who sell bogus products.

    Boosts Tourism
    The protection of geographical indications builds a reputation for the GI product throughout the world. More and more people notice the various GI products from various regions which in turn motivates them to visit those places for accessing those products. This helps in the growth of the tourism industry.

    List of Registered GIs in Tamilnadu:
    S.No Geographical Indications (GIs) Goods State
    1 Salem Fabric Handicraft Tamil Nadu
    2 Kancheepuram Silk Handicraft Tamil Nadu
    3 Bhavani Jamakkalam Handicraft Tamil Nadu
    4 Madurai Sungudi Handicraft Tamil Nadu
    5 Coimbatore Wet Grinder Manufactured Tamil Nadu
    6 Thanjavur Paintings Handicraft Tamil Nadu
    7 Temple Jewellery of Nagercoil Handicraft Tamil Nadu
    8 Thanjavur Art Plate Handicraft Tamil Nadu
    9 East India Leather Manufactured Tamil Nadu
    10 Salem Silk known as Salem Venpattu Handicraft Tamil Nadu
    11 Kovai Kora Cotton Sarees Handicraft Tamil Nadu
    12 Arani Silk Handicraft Tamil Nadu
    13 Swamimalai Bronze Icons Handicraft Tamil Nadu
    14 Eathomozhy Tall Coconut Agricultural Tamil Nadu
    15 Thanjavur Doll Handicraft Tamil Nadu
    16 Nilgiri (Orthodox) Agricultural Tamil Nadu
    17 Virupakshi Hill Banana Agricultural Tamil Nadu
    18 Sirumalai Hill Banana Agricultural Tamil Nadu
    19 Madurai Malli Agricultural Tamil Nadu
    20 Pattamadai Pai ("Pattamadai Mat") Handicraft Tamil Nadu
    21 Nachiarkoil Kuthuvilakku ("Nachiarkoil Lamp") Handicraft Tamil Nadu
    22 Chettinad Kottan Handicraft Tamil Nadu
    23 Toda Embroidery Handicraft Tamil Nadu
    24 Thanjavur Veenai Handicraft Tamil Nadu
    25 Thanjavur Art Plate (Logo) Handicrafts Tamil Nadu
    26 Swamimalai Bronze Icons (Logo) Handicrafts Tamil Nadu
    27 Temple Jewellery of Nagercoil (Logo) Handicrafts Tamil Nadu
    28 Mahabalipuram Stone Sculpture Handicrafts Tamil Nadu
    29 Erode Manjal (Erode Turmeric) Agricultural Tamil Nadu
    30 Thirubuvanam Silk Sarees Handicraft Tamil Nadu
    31 Kodaikanal Malai Poondu Agricultural Tamil Nadu
    32 Palani Panchamirtham Food Stuff Tamil Nadu
    33 Dindigul Locks Manufactured Tamil Nadu
    34 Kandangi Saree Handicraft Tamil Nadu
    35 Srivilliputtur Palkova Food Stuff Tamil Nadu
    36 Kovilpatti Kadalai Mittai Food Stuff Tamil Nadu
    37 Thanjavur Pith Works Handicraft Tamil Nadu
    38 Arumbavur Wood Carvings Handicraft Tamil Nadu
  • Indian copyright law is at parity with the international standards as contained in TRIPS. The (Indian) Copyright Act, 1957, pursuant to the amendments in 1999, 2002 and 2012, fully reflects the Berne Convention for Protection of Literary and Artistic Works, 1886 and the Universal Copyrights Convention, to which India is a party. India is also a party to the Geneva Convention for the Protection of Rights of Producers of Phonograms and is an active member of the World Intellectual Property Organization (WIPO) and United Nations Educational, Scientific and Cultural Organization (UNESCO).
  • Under the Copyright Act, 1957 the term "work" includes an artistic work comprising of a painting, a sculpture, a drawing (including a diagram, a map, a chart or plan), an engraving, a photograph, a work of architecture or artistic craftsmanship, dramatic work, literary work (including computer programmes, tables, compilations and computer databases), musical work (including music as well as graphical notations), sound recording and cinematographic film.

    In order to keep pace with the global requirement of harmonization, the Copyright Act, 1957 has brought the copyright law in India in line with the developments in the information technology industry, whether it is in the field of satellite broadcasting or computer software or digital technology. The amended law has also made provisions to protect performer's rights as envisaged in the Rome Convention.
  • In the case of original literary, dramatic, musical and artistic works, the duration of copyright is the lifetime of the author or artist, and 60 years counted from the year following the death of the author.

    In the case of cinematograph films, sound recordings, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations are protected for a period of 60 years which is counted from the year following the date of publication.
  • For an application for registration or copyright in a:
    (a)Literary, Dramatic, Musical or Artistic work Rs. 500/- per work
    (b)Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45) Rs. 2,000/- per work
    For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:
    (a)Literary, Dramatic, Musical or Artistic work Rs. 200/- per work
    (b)Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods or services (Section 45) Rs. 1,000/- per work
    For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45) Rs. 5,000/- per work
    For an application for registration of Copyright in a Cinematograph Film (Section 45) Rs. 2,000/- per work
    For an application for registration of copyright in a Sound Recording (Section 45) Rs. 2,000/- per work
    • In case of Artistic work, please enclose 2 identical copies of artistic work (identical in size/colour/design) which should be identical with the work attached with Search Certificate (TM-60)
    • The author of the work is other than the applicant, please enclose a No Objection Certificate in original from the original author(s) clearly indicating that he/she has no objection if the copyright of the work is registered in the name of the applicant(s) and also clarify whether the author is partner/proprietor/employee of the applicant.
    • If the work is published by a person other than the applicant, a No Objection Certificate in original may be obtained from the person/firm and enclose with the application.
    • Please enclose one (1) copy of published work and two (2) copies of unpublished work in literary case. In artistic case, enclose two (2) copies of artistic work whether it is published or not. For rest of all other categories, enclose one (1) copy of the work irrespective of published or unpublished
    • Please submit Power of Attorney (POA) if advocate is filling on behalf of the applicant.
  • Yes. Computer Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 "literary work" includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ and "Object Code" have also to be supplied along with the application for registration of copyright for software products.
  • In India, the registration of copyright is not mandatory as the registration is treated as mere recordal of a fact. The registration does not create or confer any new right and is not a prerequisite for initiating action against infringement. The view has been upheld by the Indian courts in a catena of judgments.
  • The awareness of Intellectual Property (IP) Laws is considerably low among the enforcement authorities in India, and most of the IP litigation is confined to metropolitan cities. Despite the fact that the registration of copyright is not mandatory in India and is protectable through the International Copyright Order, 1999, it is advisable to register the copyright as the copyright registration certificate is accepted as a "proof of ownership" in courts and by police authorities, and acted upon smoothly by them.
  • The law of copyright in India not only provides for civil remedies in the form of permanent injunction, damages or accounts of profits, delivery of the infringing material for destruction and cost of the legal proceedings. etc. but also makes instances of infringement of copyright, a cognizable offence punishable with imprisonment for a term which shall not be less than six months but which may extend to three years with a fine which shall not be less than Rs 50,000 but may extend to Rs 2,00,000. For the second and subsequent offences, there are provisions for enhanced fine and punishment under the Copyright Act. The (Indian) Copyright Act, 1957 gives power to the police authorities to register the Complaint (First Information Report, ie, FIR) and act on its own to arrest the accused, search the premises of the accused and seize the infringing material without any intervention of the court.
  • Copyright of "works" of foreign nationals, whose countries are member of Convention Countries to which India is a signatory, are protected against any infringement of their "works" in India through the International Copyright Order, 1999. The Indian courts have also been pro-active for the protection of copyright of foreign authors/owners, which includes software, motion pictures including screen play of motion pictures and database.

    The Government of India is also taking initiative to combat piracy in the software industry, motion pictures and the music industry along with players in the industry through their associations and organizations like NASSCOM (National Association of Software and Service Companies), NIAPC (National Initiative Against Piracy and Counterfeiting) etc.
  • Copyright in any work, present or future, can only be assigned or licensed in writing by the copyright owner or his duly authorised agent.