The Ministry of Commerce and Industry, through the Department for Promotion of Industry and Internal Trade, has released a notification regarding proposed amendments to the Geographical Indications of Goods (Registration and Protection) Rules, 2002. These rules aim to strengthen the registration and protection of geographical indications in India. In this article, we’ll delve into the proposed amendments and their significance.
1. Proposed Amendment Overview: The proposed rules, titled the “Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2023,” address several crucial aspects of the existing framework. The amendments are designed to enhance the protection and registration process for geographical indications, safeguarding the uniqueness and cultural significance of these products.
2. Fee Structure Modifications: The draft rules introduce changes to the fee structure for various applications and requests under the Geographical Indications Act. It includes fees for registration, opposition, renewal, and alteration of details related to geographical indications and authorized users. The adjustments aim to streamline the registration process while maintaining affordability.
3. Procedure for Objections or Suggestions: The Ministry welcomes objections or suggestions from stakeholders and individuals who may be affected by these proposed amendments. To share your feedback, you can address your objections or suggestions to the Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India. Alternatively, you can send them via email to anurag.saxena@nic.in.
4. Period for Consideration: The Ministry has specified a 30-day period, which begins from the date of publication in the Official Gazette, during which objections and suggestions will be considered. This timeframe allows individuals and organizations to review the draft rules and submit their feedback for evaluation by the Central Government.
5. The Importance of Geographical Indications: Geographical indications are a vital component of preserving and promoting unique products linked to specific regions. These products often carry cultural, historical, and geographical significance. The protection of geographical indications ensures that consumers receive authentic and high-quality products while supporting local communities and heritage.
6. Conclusion: The proposed amendments to the Geographical Indications of Goods (Registration and Protection) Rules, 2002, demonstrate the Indian Government’s commitment to safeguarding the integrity and heritage of geographical indications. These changes aim to simplify the registration process and enhance the protection of unique regional products. Stakeholders and the public have a valuable opportunity to voice their concerns or provide suggestions, contributing to the formulation of comprehensive and effective rules. As geographical indications continue to play a significant role in preserving cultural heritage and local economies, these proposed amendments are a vital step towards their further promotion and protection. Stay informed and consider sharing your feedback to shape the future of geographical indications in India.
MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)
NOTIFICATION
New Delhi, the 17th October, 2023
G.S.R. 789(E).—The following draft rules to further amend the Geographical Indications of Goods (Registration and Protection) Rules, 2002 which the Central Government proposes to make in exercise of the powers conferred by section 87 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, are hereby published as required by sub-section (1) of the said section for the information of all persons likely to be affected thereby, and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of thirty days from the date on which copies of the Gazette of India, in which this notification is published, are made available to the public;
Objections or suggestions, if any, may be addressed to the Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, New Delhi- 110011 or by e-mail at anurag.saxena@nic.in;
The objections and suggestions, which may be received from any person with respect to the said draft rules before the expiry of the period so specified, will be considered by the Central Government.
DRAFT RULES
1. (i) These rules may be called the draft Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2023.
(ii) They shall come into force on the date of their publication in the Official Gazette.
2. In the principal rules, for Table of the FIRST SCHEDULE, the following table shall be substituted, namely:—
|
No. of Entry |
On what payable | Amount in Rupees | Corresponding Form Numbers |
|
(1) |
(2) | (3) |
(4) |
| 1A. | On application for the registration of a geographical indication for goods included in one class [section 11(1); rule 23(2)]. | 1000 | GI-1 |
| 1B. | On application for the registration of a geographical indication for goods included in one class from a convention country [sections 11(1), 84(1); rule 23(3). | 1000 | GI-1 |
| 1C. | On a single application for the registration of a geographical indication for goods in different classes [section 11(3); rule 23(5)]. | 1000 For each class |
GI-1 |
| 1D. | On a single application for the registration of a geographical indication for goods in different classes from a convention country [sections 11(3), 84(1); rule 23(4)]. | 1000 For each class |
GI-1 |
| 2A. | On a notice of opposition to the registration of a geographical indication under section 14(1) or an opposition to an authorised user [section 17(3)(e)]. | 1000 For each class |
GI-2 |
| 2B. | On a counter-statement in answer to a notice of opposition under section 14(2) or 17(3)(e) for each application opposed and in answer to an application under Section 27 in respect of each geographical indication or in answer to a notice of opposition under section 29 | 1000 | GI-2 |
| 2C. | On application for extension of time for filing notice of opposition [sections 14(1), 17(3)(e), 29(2); rule 41(5)]. | 300 | GI-2 |
| [3A. | On application for the registration of an authorised user of a registered geographical indication under section 17, rule 56(1)]. | 10 | GI-3 |
| [3B. | For renewal of an authorised user [sub-section (2) of section 18, sub- rule (1) of rule 60). | 10 | GI-3 |
| 4A. | For renewal under section 18(1) of the registration of a geographical indication at the expiration of the last registration [rule 60(1)]. | 3000 | GI-4 |
| 4B. | On application under section 18(5) for restoration of geographical indication or an authorised user removed from the Register [rule 63]. | 1000
plus applicable |
GI-4 |
| 4C. | On application for renewal under proviso to section 18(4). Proviso to rule 62 within six months from the expiration of last registration of geographical indication. | 3500 | GI-4 |
| 5A. | On request for alteration of the address of the principal place of business or of residence in India or of the address in the home country abroad in the Register of Geographical Indications or authorised user [section 28; rule 69]. | 300 in case of GI Application 30 in case of Authorised User Application |
GI-5 |
| 5B. | On request to enter change in name or description of proprietor of geographical indication upon the Register. | 300 | GI-5 |
| 5C. | On request for correction of any error in the name, address or description of the registered proprietor or the authorised user of a geographical indication [section 2 8(a)]. | 300 in case of GI Application 30in case of Authorised User Application |
GI-5 |
| 5D. | On application for the rectification of the register in Part B for the removal of an authorised user [section 27; rule 65]. | 1000 | GI-5 |
| 5E. | On division of goods in a class or on division of an application made for registration of a geographical indication in different classes under proviso to section 15; rule 23(7). | 1000 | GI-5 |
| 5F. | For a search under rule 22 in respect of one class | 500 | GI-5 |
| 6A. | On application under section 27 for rectification of the register or removal of a geographical indication or expunge or vary the Statement of the Case under rule 32(1) recorded in the Register or an authorized user from the register [rule 65]. | 1000 | GI-6 |
| 6B. | On application for leave to intervene in proceedings relating to the rectification of the Register or for the removal of a geographical indication or an authorised user from the Register [rule 67 and 80(4)]. | 500 | GI-6 |
| 7A. | On request for certificate of Registrar [other than a certificate under section 69 or 78(1); rule 96]. | 300
in case of GI Application 150 |
GI-7 |
| 7B. | Affidavit in support of statement of case or other documents required under the Act or rules. | Nil | GI-7 |
| 7C. | On request for entry in the Register and advertisement of a note of certificate of validity of the Appellate Board [rule 99]. | 200 | GI-7 |
| 7D. | On application for review of Registrar’s decision. | 500 | GI-7 |
| 7E. | On request to registrar for particulars of advertisement of a geographical indication. | 100 | GI-7 |
| 7F. | On request to Registrar for a duplicate or further copy of certificate. | 200
in case of GI Application 40 |
GI-7 |
| 8A. | Application for registration of a geographical indications agent [rule 107]. | 1000 | GI-8 |
| 8B. | On request for issuance of certificate as geographical indications agent [rule 109]. | 1000 | GI-8 |
| 8C. | For continuance of the name of a person in the register of Geographical Indication Agent under rule 110.
– For every year (excluding the first year) to be paid on 1st April in each year. – For the first year to be paid along with the fee for registration, in the case of a person registered at any time between the 1st April, and 30th September. N.B. : A year for this purpose will commence on the 1st day of April and end on the 31st day of March following. |
1000 | GI-8 |
| 8D. | On application for restoration of the name of a person to the Register of Geographical Indications under rule 113. | 1000
plus continuance |
GI-8 |
| 9A. | On application to Registrar for additional protection to certain goods [section 22(2); rule 77(1)]. | 12000 | GI-9 |
| 9B. | On application for leave to add or alter a registered geographical indication [except where the application is made by any or of a public authority or in consequence of a statutory requirement [section 29]. | 300 | GI-9 |
| 9C. | On application for extension of time not being a time expressly provided in the Act or prescribed in the rules [rule 83]. | 300 | GI-9 |
| 10A. | On application for cancellation of an entry in the register or to strike out goods. [section 28(c) or (d)]. | 300 | GI-10 |
| 10B. | Form of authorisation of agent in a matter or proceedings under the Act [section 76; rule 20] | Nil | GI-1 0 |
| 11. | On petition (not otherwise charged) for obtaining the Registrar’s order on any interlocutory matter in a contested proceeding. | 500 | |
| 12. | For inspecting the document mentioned in section 78(1)-
a. relating to any particular geographical indication or authorised user thereof for every hour or part thereof; b. computer search (when made available) for every 15 minutes; c. search of index mentioned in section 78 for every hour |
100
100 100 |
|
| 13. | For copying of documents (photocopy or typed) for every page or part thereof in excess of one page | 10 |
[F.No.-P-24027/1/2023-IPR-III]
HIMANI PANDE, Jt. Secy.
Note : The principal rules were published in the Gazette of India; Extraordinary, Part II, Section 3, Sub-section (i) vide notification number G.S.R. 176(E), dated 8th day of March, 2002 and last amended vide G.S.R. 528 (E), dated 26th day of August 2020.
