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.

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.

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.