Definition of Geographical Indications
A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
Protection of Geographical Indications
- Regardless whether or not the geographical indication is registered.
- as against another geographical indication which, although literally true as to the country, territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another country, territory, region or locality.
Exclusion from Protection of Geographical Indications
- Geographical indications which are contrary to public order or morality or territory of origin; or
- Geographical indications which are not or have ceased to be protected in their country.
- Geographical indications which have fallen into disuse in their country or territory of origin.
Rights of Use
- Only producers carrying on their activity in the geographical area specified in the Register shall have the right to use a registered geographical indication in the course of trade.
- The right of use be in respect of the products specified in the Register in a accordance to the qualify, reputation or characteristic specified in the Register.
Period of Protection
A registered geographical indication is given ten years of protection from the date of filling and is renewable for every ten years.
Who May Apply?
- a person who is carrying on an activity as a producer in the geographical area specified in the application with respect to the goods specified in the application, and includes with respect to the such person.
- a competent authority; or
- a trade organization or association.