How
to Publish GI application- landmark directions of IPAB
Section 13 of the GI
Act 1999 provides for publication of GI application. The corresponding Rule is Rule 38 of GI Rules, which provides for publication in the concerned Journal.
I have already expressed
by view that this kind of narrow and
limited circulation will not serve any purpose of publication of GI in terms of
the scheme of the law in respect thereof.
Till date all the GI’s has been published only in the GI Journal.
Consequently the GI laws are unable to meet the legislative intentions and its
objective.
In a recent judgment
delivered by Intellectual Property Appellate Board (IPAB) while adjudicating in
the case titled Subhash Jewellery Vs.
Payyannur Pavithra Ring Artisans & Others has set aside the registration of
the GI while holding that the publication was not proper. While passing a detailed
and well reasoned judgment, it has held as under:-
“The
lawmakers may consider introducing a provision which requires each applicant to
effect a publication akin to the Section 4 Notice in the Land Acquisition Act.
The fact of the filing of the application must be published in a newspaper
having good circulation in the locality and in the language of the territory,
region or locality which is the geographical origin of the goods in question.
We are deliberately not using the word “vernacular” since that has such a
patronizing colonial flavour, whichever language it may be it is an Indian
language. There must also be affixture of public notice in prominent places in
the territory, region or locality as the case may be. Only then, the artisans
will know that a Geographical Indication has been applied for in respect of the
goods that they are creating. We are aware that “a producer” includes the
person who deals in this goods or selling those goods.”
