Geographical Indication (GI) is relatively a new area of Intellectual Property Law in India. Geographical Indication of Goods is defined as that aspect of industrial property which refers to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product. Typically, such a name conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country. Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs. They are also covered under Articles 22 to 24 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations. India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 while regulating various aspects of GI, protects goods of Geographical Indication from infringement.
Geographical Indication law specific team under Intellectual Property Rights practice at Astrea serves our clients to obtain and enforce GI by assisting in the filing, prosecution, registration, licensing, valuation and its infringement. Also, we assist the client in various aspects of Geographical Indication which includes:
• Drafting and filing GI application.
• Due Diligence
• Infringement and Injunction
• Conducting search
• Appellate proceeding.
• Licensing and assignment