Geographical Indications: Registration- procedural lapses!!

GI Laws in India are meant to protect ‘Community owned Collective Rights’

 

Section 13 of the GI Act 1999 stipulates that the accepted application be advertised ‘in such manner as may be prescribed’. Rule 38 of the GI Rules stipulates that the application shall be ordinarily advertised in the journal. The necessity for public advertisement is to hear all affected persons and give the public at large an opportunity of representation/ objections. In that manner GI is different from trade mark, Copy Right etc.

 

The publication of GI application is apparently defective as what has been notified is the abridged and edited version and not the entire application or the approved version. It is not clear from any of the publication as to what supporting documents and information is furnished by the applicant. No objections can be filed to such abridged, edited version of the GI application.

 

The GI having great socio-economic dimensions, it is desirable that the same is published widely through public media, newspapers and essentially in the affected and given geographical area.  This fact is confirmed by the static’s that hardly 5-10 applications have been able to invite objections. 90% the GI proprietors are Government agencies and the registration of GI will die in their files. No efforts are made to inventory of the ‘authorised users’.

 

The procedure adopted by the Registrar GI is also highly illegal. In the case of notified proposed GI of ‘Jamnagar’ petroleum products, I happened to file objections to the registration, still pending. My request for the copy of the application and supporting documents so filed for registration was declined by the office of Registrar of GI.

 

By any standard it is impossible to file objections, unless and until you are aware about the case and its contents. Only conclusion which results from it is that the office of Registrar is highly ill equipped and incompetent.

 

It is unfortunate that GI’s in India are registered akin to the procedure applicable for the registration of Trade Marks, Copy rights etc.

 

This is one of the glaring illegalities adopted and practiced in India for GI registration. I am also making a representation with the Ministry of Commerce (DIPP) highlighting the numerous illegalities and consequent deprivation of rights to lakhs of grass root right holders.

 

More to follow.