GI- India- Need introspection

The GI Act promulgated in the 1999 and implemented from15th September 2002 with a sole office at Chennai on papers seems to be highly effective. It has entertained around 150 GI applications and more than 90 has been registered till date.

However the ground reality is different. The volume of applications is due to various awareness workshops, seminars across country organized by the international and national development agencies.

The GI is of larger public significance can be seen from the fact that this is the only Indian law for protecting collective rights of public at large relating to Agriculture, Natural and Manmade products.

The Controller General of Patents and Trade Mark is the Registrar of GI as per Section 3 of the GI Act 1999. Whereas the Controller General has office at Mumbai and is continuously operating from there only. The importance attached to GI work can be seen from the fact that the same has been delegated and assigned to a junior functionary of the rank of Assistant Registrar, though not legally permissible as discussed in my earlier blog.

Even the disclosures made by the office of Controller General under RTI shows that he has no role to play under GI Act. They have coined Procedure Manual for Trade Marks, Patents etc. but not for GI Registry. There is no prescribed procedure for GI Registry as to how it will scrutinized applications, process it, timeframe and responsibilities and time frame corresponding to the applicant. The staff strength is only 5 consisting of peons as well. There is no working procedure.

The GI Act mandates the filing of application by the persons or group of persons associated with the concerned product, but none of the application has been scrutinized in light thereof and Government and its agencies are filing applications own there own having no concern with the concerned product. The data speaks that the GI granted to Government agencies have not at all made any headway. Having only one office at Chennai is deprivation of opportunity and limit there accessibility to the applicants, which is already discussed in my earlier blogs.

Apparently there is no priority and importance attached to the GI Registry. In light thereof we need to have introspection and corrective measures.

Reliance GI of JamNagar petroleum- cancelled. GI Registry acts at the dictates of Reliance

• With an extra ordinary speed of approximately 30 days, the Indian GI Registry not only notified the applications but was also generous by illegally allowing Reliance for clubbing their four applications into one application. Undoubtedly there was a clear abuse of Government machinery run on public money for illegal benefiting Reliance and protecting there illegal design to capture generic product like oil. There was financial loss to the public exchequer by doing so.
• A couple of person from India and from UK including me filed objections to such acceptance by the Registrar GI. After long wait and realizing that they shall not succeed in capturing generic product like Oil, Reliance moved for withdrawal of their application.
• The Registrar GI as usual acted as per their choice and allowed withdrawal without imposing any cost/fine on Reliance for wasting Public money, hundreds of hours of public officers beside wasting four years to achieve their commercial designs.
• Finally the notification of Jamnagar GI has been canceled. Not at the instance of the Government but due to the couple of public objections.
• Why the Government of India acts at the behest and personal dictates of such large commercial establishments, still an unanswered question.

Indian GI’s- How far effective?

Around 90 GI’s has been registered with around 150 such applications has been filed in India for registration. However there has no evaluation of its functioning and effectiveness. Though registered for last more than 5 years but none of them has proceeded further.and made any headway.

Though there is a mad rush for applying for GI registration and the Government which is classified as s supporting stakeholder, has taken over the task of registration claiming to be representing the wider interest of the principal stakeholders.

This has proved to be a futile exercise till date. Though unfortunate, but a fact that none of the registered GI is India has made any commercial or economical gains from it. Why so? There are numerous reasons for the same.

Firstly the registration certificate issued of registered GI’s is like a Trade Mark registration certificate. Logically and prudently the GI registration certificate should contain its Quality, characteristic, reputation features and the basis of its unique identification. This is however not contained in the certificate so issued.

Secondly it does not contain the geographical area for which it’s registered.

Thirdly it also doesn’t contain the names and authorized users and its proprietor.

Fourthly there is no registration done by the GI registry for the authorized users. None of the notified GI’s in India contains the list of authorized users which is not only mandatory but also logically desirable so as to classify the legal users and producers.

Fifthly, the Government owned GI can never be implemented and enforced. There is no direct right conferred upon the producers of the concerned GI. Such GI’s can never be a success. The GI rights should be owned by the principal stakeholder i.e. producers and not by the Government sponsored Organizations.

The process of filing opposition is highly defective as the objectors are denied access to the GI registration application so filed. Unless and until they are furnished with a copy thereof, no one can file effective objections.

With this kind of prevailing situation, none of the researchers, writer and person associated with GI has examined or raised such issues which are predominately renders registered GI a ineffective and a practical nullity.