SALIENT FEATURES OF GEOGRAPHICAL INDICATIONS :
The salient features of Geographical Indications of Goods (Registration & Protection) Act, 1999 are as under:
(a) Definitions and interpretations of several important terms like “geographical indication”, “goods”, “producers”, “packages”, “registered proprietor”, “authorized user” etc.
(b) Provision for the maintenance of a Register of Geographical Indications in two parts-Part A and Part B and use of computers etc. for maintenance of such Register. While Part A will contain all registered geographical indications, Part B will contain particulars of registered authorized users.
(c) Registration of geographical indications of goods in specified classes.
(d) Prohibition of registration of certain geographical indications.
(e) Provisions for framing of rules by Central Government for filing of application, its contents and matters relating to substantive examination of geographical indication applications.
(f) Compulsory advertisement of all accepted geographical indication applications and for inviting objections.
(g) Registration of authorized users of registered geographical indications and providing provisions for taking infringement action either by a registered proprietor or an authorized user.
(h) Provisions for higher level of protection for notified goods.
(i) Prohibition of assignment etc. of a geographical indication as it is public property.
(j) Prohibition of registration of geographical indication as a trademark.
(k) Appeal against Registrar’s decision would be to the Intellectual Property Appellate Board established under the Trade Mark legislation.
(l) Provision relating to offences and penalties.
(m) Provision detailing the effects of registration and the rights conferred by registration.
(n) Provision for reciprocity powers of the registrar, maintenance of Index, protection of homonymous geographical indications etc.