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Proprietorship of GI in India with Special Focus on the State of Assam


Affiliations
1 University of Delhi, Chhatra Marg, University Enclave, Delhi 110 007, India
 

The Geographical Indications Act, 1999 clearly mentions four eligible applicants for the registration of GI. They are any association of persons or producers or any organization or authority established by or under any law for the time being in force. Out of them, the maximum registration has been done by organization or authority established by or under any law for the time being in force. It is equally important to focus that the Act clearly states the applicant can apply for the GI registration only if they can represent the interest of the producers. This paper includes an analysis on the true meaning of the clause ‘representing the interest of the producers’ and whether the GI Registry emphasizes on this clause while granting registration of GI. Further, the paper also addresses other proprietorship debates under the GI Act with fours on some of the GI products from Assam and tries to explore the ideal proprietor for registration of a GI product. Lastly, the paper suggests certain measures that could tackle the proprietorship concern and explores if there is a need to amend the law on proprietorship of GI.

Keywords

IPR, Geographical Indications, Law of GI, Proprietorship of GI, Interest of GI Producers, AOC, INAO, IPAB, Agricultural and Processed Food Products Export Development Authority.
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  • Hereinafter Indian GI Act.

  • Indian GI Act, Section 11(1).

  • Indian GI Act, Section 2(1) k.

  • Indian GI Act, Section 11(1).

  • http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/Registered_GI_01_04_19.pdf (accessed on 18 July 2019).

  • GI Rules, 2002 (hereinafter Indian GI Rules), Rule 32(1)(6)(a).

  • Indian GI Rules, Rule 32(1) (5).

  • Indian GI Rules, Rule 32(1)(6)(a).

  • Muga silk of Assam is one such example.

  • OA/2/2010/GI/CHANDM.P. NOS.1/2010 & 269/2012INOA/ 2/2010/GI/CH (Decided on 14 January 2012), https:// www.scribd.com/document/113697944/IPAB-Judgement-on-Payyanoor-Ring-GI (accessed on 21September 2018).

  • https://spicyip.com/2012/11/ipab-on-payyannur-ring.html (accessed on 31 July 2019).

  • Vivien D M, The Legitimacy of the involvement of the Indian state in Delphine Marie Vivien, The Protection of GI in India, (Sage Publications, New Delhi), 2015, 202.

  • https://www.business-standard.com/article/beyond-business/discontent-brews-over-darjeeling-tea-label-111011200053_1.html (accessed on 30 July 2019).

  • https://spicyip.com/2013/01/locus-standi-and-public-interest-under.html (accessed on 31 July 2019).

  • Appellation d'origine controlee is the French equivalent of GI term in India.

  • (INAO) is the French organization charged with regulating French agricultural products with Protected Designations of Origin (PDOs).

  • Vivien D M, The Legitimacy of the involvement of the Indian state in Delphine Marie Vivien, The Protection of GI in India, (Sage Publications, New Delhi), 2015, 161.

  • Geographical Indications Act (Chapter 117B) (Original Enactment: Act 44 of 1998) Revised Edn.1999 (30 December 1999) (hereinafter Singapore GI Act), http://www. extwprlegs1.fao.org/docs/pdf/sin46837.pdf (accessed on 1 March 2019).

  • Singapore GI Act., Section 3.

  • Singapore GI Act., Section 2.

  • Article 5(1). http://www.wipo.int/wipolex/en/text.jsp?file_ id=126807 (accessed on 12 April 2019).

  • http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/Registered_GI_01_04_19.pdf(accessed on 12 April 2019).

  • The application was filed by the Agricultural & Processed Food Products Export Development Authority (APEDA).

  • https://spicyip.com/2012/02/nationalization-of-geographical.html (accessed on 31 July 2019).

  • G I Application (No. 169).

  • https://spicyip.com/2012/02/nationalization-of-geographical.html (accessed on 31 July 2019).

  • It was filed for registration in September, 2013 and finally got registered in April, 2017, http://www.ipindiaservices.gov.in/GI_DOC/439/439%20-%20Certificate%20of%20Registration%20-%2029-04-2017.pdf (accessed on 14 July 2019).

  • http://www.ipindiaservices.gov.in/GI_DOC/439/439%20-%20GI%20-%20Minutes%20of%20CGM%20-%2027-05-2015.pdf (accessed on 15 July 2019).

  • Examination Report SUB: "Joha Rice of Assam” G.I. Application No. 439 – “Reg. Sir / Madam, the above numbered application has been examined as per the provisions of Geographical Indications of Goods (Registration & Protection) Act and Rules. I am directed to issue the Examination Report under Rule 33 of the Geographical Indications of Goods (Registration & Protection) Rules, 2002 for compliance with the requirements stated as under within the prescribed time: The following information / documents / forms should be furnished / filed for compliance: 1. The Consultative group committee suggested & recommended that the Assam Agricultural University, to act as a Facilitator and Association of Producers to be the Main Applicant”. http://www. ipindiaservices.gov.in/GI_DOC/439/439%20-% 20Examination%20Report%20-%2003-07-2015.pdf (accessed on 15 July 2017).

  • Letter sent from Registrar, AAU: “To The Registrar of Geographical Indications Geographical Indications Registry Intellectual Property Office Building G.S.T. Road, Guindy, Chennai - 600 032, India Sub: GI Application No. 439 - Regarding Ref: Your office memo No. GIR/App. No. 439lER/201 5-161141 Dated July, 3, 2015 Sir, with reference to the subject above, I am sending herewith the application for registration of Joha Rice of Assam', applied by a registered society, 'SeujSatirtha'. As per your letter quoted above, Assam Agricultural University is facilitating the application process. I would like to request you to take into consideration the documents submitted earlier by Assam Agricultural University towards this application”. http://www. ipindiaservices.gov.in/GI_DOC/439/439%20-% 20Reply%20to%20Examination%20Report%20-%2006-09-2016.pdf (15 July 2019).

  • http://ipindiaservices.gov.in/GirPublic/Application/Details/439 (accessed on 25 July 2019).

  • Indian GI Act, Section 11(1).

  • Refer to GI Registry, http://www.ipindiaservices.gov.in/ GirPublic/DetailsGIR.aspx (accessed on 30 April 2019).

  • Rangrekar D, The Socio-Economics of Geographical Indications: A Review of Empirical Evidence from Europe, https://unctad.org/en/PublicationsLibrary/ictsd2004ipd8_en.pdf (accessed on 2 January 2019).

  • Rangrekar D, The Socio-Economics of Geographical Indications: A Review of Empirical Evidence from Europe, https://unctad.org/en/PublicationsLibrary/ictsd2004ipd8_en.pdf (accessed on 2 January 2019) 4.

  • ‘Prisoner’s dilemma describes a situation where lack of information or other factors impedes cooperative action among different agents (prisoners).Consequently, each agent acting on limited information makes decisions that are suboptimal when compared to an outcome based on co-operative action.

  • Barjolle D & Sylvander B, PDO and PGI products: Market, supply chains and institutions, Final Report, FAIR 1-CT95-0306, European Commission, Brussels, June (2000), http://www.origin-food.org/pdf/pdo-pgi.pdf/ (accessed on 14 July 2017). Barjolle D and Sylvander B, Some factors of success for “origin labelled products” in Agro-food supply chains in Europe: Market, Internal Resources and Institutions, Économies et Sociétés, June (2000), http://www.citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.203.613&rep=rep1&type=pdf (accessed on 14 July 2019).

  • Albisu L M, Link between origin labelled products and local production systems, supply chain analysis. Final Report July 2002. Dolphins Concerted Action, European Commission, http://www.origin-food.org/pdf/wp2/wp2-1.pdf (accessed on 17 May 2019).

  • Rangrekar D, The Socio-Economics of Geographical Indications: A Review of Empirical Evidence from Europe, https://www.iprsonline.org/resources/docs/Ragnekar%20%20Socio%20Economics%20of%20GIs%20-%20Blue%208.pdf (accessed on 2 January 2019) 4.

  • Consejo Regulador comprises of skilled, impartial members who investigate the quality, ingredients and production process of each product, ensuring they attain specific quality levels.

  • Chappuis J M & Sans P, Actors Coordination: Governance Structures and Institutions in Supply Chains of Protected Designation of Origin, in B. Sylvander (eds.) et.al., The Socio-Economics of Origin Labelled Products in Agro-Food Supply Chains: Spatial, Institutional and Co-ordination Aspects (Series Actes et Communications, Paris), 2000, 61-62.

  • Williamson O E, The Economics Institutions of Capitalism: Firms, Markets, Relational Contract (The Free Press, New York), 1985, 12.

  • Why do Geographical Indications matter to us? https://ec.europa.eu/commission/presscorner/detail/en/MEMO_03_160 (accessed on 29 July 2020). Peter Slade et. al., Foreign Geographical Indications, Consumer Preferences, and the Domestic Market for Cheese, https:// academic.oup.com/aepp/article/41/3/370/5544729 (accessed on 29 July 2020).

  • The ‘hazira’ is the daily wage paid to each worker on completion of a particular task being allocated for the day.

  • The author for her doctoral research work interviewed the Muga producers who raised concern about the paper-works and documents which were only in English. They said that if the same documents were in Assamese, it would have been better for them.

  • Currently, the GI Registry in some cases have asked Universities not to register GIs, rather they should facilitate a producer’s organization to file for the GI Registration. In case of Joha rice of Assam, which was initially filed by Assam Agricultural University (AAU), the Consultative group committee suggested & recommended that the Assam Agricultural University, to act as a Facilitator and Association of Producers to be the Main Applicant, http://ipindiaservices.gov.in/GIRPublic/Application/ViewDocument (accessed on 1 August 2020). Gogoi J, G I Registration of Gamosa: Issues and Concerns, Assam Tribune, 2 July 2020, http://www.assamtribune.com/scripts/ at.asp?id=jul0220/Page4 (accessed on 1 August 2020).

  • Section 24 provides that notwithstanding anything contained in any law for the time being in force, any right to a registered geographical indication shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement. Provided that on the death of an authorized user his right in a registered geographical indication shall devolve on his successor in title under the law for the time being in force.


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  • Proprietorship of GI in India with Special Focus on the State of Assam

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Authors

Jupi Gogoi
University of Delhi, Chhatra Marg, University Enclave, Delhi 110 007, India

Abstract


The Geographical Indications Act, 1999 clearly mentions four eligible applicants for the registration of GI. They are any association of persons or producers or any organization or authority established by or under any law for the time being in force. Out of them, the maximum registration has been done by organization or authority established by or under any law for the time being in force. It is equally important to focus that the Act clearly states the applicant can apply for the GI registration only if they can represent the interest of the producers. This paper includes an analysis on the true meaning of the clause ‘representing the interest of the producers’ and whether the GI Registry emphasizes on this clause while granting registration of GI. Further, the paper also addresses other proprietorship debates under the GI Act with fours on some of the GI products from Assam and tries to explore the ideal proprietor for registration of a GI product. Lastly, the paper suggests certain measures that could tackle the proprietorship concern and explores if there is a need to amend the law on proprietorship of GI.

Keywords


IPR, Geographical Indications, Law of GI, Proprietorship of GI, Interest of GI Producers, AOC, INAO, IPAB, Agricultural and Processed Food Products Export Development Authority.

References