Tuesday, June 29, 2010

Darjeeling Tea- GI with European Council-objections admitted

The objections filed by Shri Rajeev Saraf to the Tea board, India application for registration of PGI with EC has been admitted and they have directed as under:-

" - invites the interested party the Tea Board, Kolkotta, India and the Indian objector to engage in appropriate consultations for a period of 6 months from the date of notification;

- invites the Tea Board, Kolkotta, India within 1 month after termination of the above mentioned six-month period at the latest to inform the commission of the results of these consultations preferably using the form in Annex IV of Commission Regulation (EC) No. 1898/2006"

The objective to file objections was to highlight the issues that the GI's can not be owned by the Government authorities and the principal stakeholders should be the true owners.

it is now for the Tea Board to act earnestly



Monday, April 26, 2010

Geographical Indications: it's limitation

The Indian Geographical indications laws have gone mills ahead but effectively making no headway to accomplish its objectives and mission.
This law applies to three categories of products i.e. Agriculture, Natural and Man-made having its Quality, Characteristic and Reputation.
The various products eligible and registered as Indian GI's produced and manufactured for centuries have undergone changes qua its quality, varieties and its nature. However the Indian GI Laws nowhere provides for incoporation the improvements and changes taking place pursuant to its registration.
This will lead to a huge loss and failure of justice as the eligible product have been undergoing lot of improvements, changes and quality variation. These would be now brought to stand still after its registration.
This is another burning issue which requires us to deliberate.

Saturday, April 17, 2010

Geographical Indication- India-needs introspection

The Indian GI laws was notified in the year 2002. Till date 206 applications have been filed and 117 stands registered.

On paper it seems to be a excellent beginning but not even a single instance where the registered GI has been enforced viz a vis its spurious market. The registration papers are glorifying Government files and the Government officers glorifies themselves by these data's and records. The sufferers are the principal stakeholders of these traditional knowledge and

A couple of years ago, I expressed my apprehension about the State owning GI's will be a complete failure, which now stands proved. Factually more than 95% of registered GI's are owned by Government agencies and not by the corresponding stakeholders.

Certainly it is high time we have an introspection and act correctly.

Friday, April 2, 2010

GI of Darjeeling Tea with European Council challenged

The Tea Board is the Indian GI owner of the Darjeeling Tea. Tea Board constituted under the Tea Act 1935 is a statutory body meant to regulate its exports and trade.

In India its registration has been challenged solely on the ground that the Tea Board cannot be GI owner as they are not part of its value chain and/ or its producer. The objections are pending adjudication before the Registrar GI, Chennai.

Concealing its pendency, the Tea Board applied for GI of registration with European Council. The same has been put to public notice and objections have been filed within statutory period of six months.

There are more than 68000 farmers associated with Darjeeling Tea and they are its true owners.

So for right cause, it is necessary that the Tea board while doing its statutory duties under Tea Act 1935 should not exceed its jurisdiction and powers and handover the Darjeeling Tea GI to its rightful owners.

Establish GI offices in India

Presently we have only one office for GI registration at Chennai covering entire country.

As of now more than 200 GIs applications has been filed from India and by other countries.

IP values are gaining tremendous significance in today’s fast moving world. It is thus imperative to have GI’s offices across India like other IP Offices. I have written to the Controller General of Patents, Trade Marks and Registrar of GI for issuing necessary orders in this respect for establishing GI branch offices like other IP offices. While protecting traditional values, ti will facilitate principal stake holders and save their hardships to move Chennai from time to time.

I wish other fellow citizens to join this move.

Monday, March 1, 2010

India: Intellectual Property Rights: Maheshwar Sarees & fabric- GI applied

India: Intellectual Property Rights: Maheshwar Sarees & fabric- GI applied

Maheshwar Sarees & fabric- GI applied

A joint application by a Weavers association (NGO) and Department of Hand loom (MP) has applied for GI of Maheshwar Sarees & Fabric, with the office of Registrar of GI, Chennai.

Traditionally produced in Dsitrict Kahrgoan, Madhya Pradesh owes its root to the ancient ear of Maharani Ahilybai. The Fort built in her regime and its scriptures are woven by the weavers of Maehswar on the Boarders and Pallav of its products.

This cluster is unique among all the hand loom clusters in Inida as its demand is much higher than its production. It has around 1800 looms and is the second major hand loom cluster after Chanderi.

Once registered it will be a great economic boom for its weavers and their trade activities. it will not increase their earnings but shall also help them to act against spurious products, beside gving its a legal recognition.