The Basmati Case
The Basmati Case
Appellations of origin
Distinction
Indication of Source:
Any expression or sign used to indicate a product or
service originates in a country , a region or a specific
place
Champagne – a special kind of sparkling wine –
originate – Champagne region of France; Cognac –
brandy – French region around the town of Cognac
Appellation of origin:
Geographical name of a country, region or specific
place serving to designate a product originating
therein the characteristic qualities due exclusively or
essentially to geographical environment including
natural or human factors or both natural and human
factors
Differnce (Contd..)
Human Skills
HANDICRAFTS
BHADOHI CARPET
Opportunity
Examination Objections Refused
For hearing
Acceptance
Acceptance
Of GI Particulars of regd.
Entered in the
GI entered in Part A
GI Register
Particulars of regd. Of the register
Authorized user entered In
Registration Part B of the register
Certificate issued
Who can Apply ?
ANY ASSOCIATION OF PERSONS,
PRODUCERS, ORGANISTION OR
AUTHORITY ESTABLISHED BY OR
UNDER LAW.
THE APPLICANT MUST REPRESENT THE
INTEREST OF THE PRODUCERS.
How to Apply ?
APPLICATION SHOULD BE MADE IN THE
PRISCRIBED FORM.
SHOULD BE SIGNED BY APPLICANT OR BY
HIS AGENT.
APPLICATION SHOULD BE IN TRIPLICATE
ALONG WITH STATEMENT OF CASE IN
TRIPLICATE AND FIVE ADDITIONAL
REPRESENTATION.
Forms and Fees
GI-1(A):- GOODS IN SINGLE CLASS.
Rs.5,000/-
GI-1(B):- GOODS IN SINGLE CLASS FROM A
CONVENTION COUNTRY. Rs.5,000/-
GI-1(C):- GOODS IN DIFFERENT CLASSES.
Rs.5,000/- FOR EACH CLASS.
GI-1(D):- GOODS IN DIFFERENT CLASSES
FROM A CONVENTION COUNTRY. Rs.5,000/-
FOR EACH CLASS.
Statement of Case
A STATEMENT AS TO HOW THE
GEOGRAPHICAL INDICATION SERVES TO
DESIGNATE THE GOODS AS ORIGINATING
FROM THE CONCERNED GEOGRAPHICAL AREA
IN RESPECT OF SPECIFIC QUALITY,
REPUTATION OR OTHER CHARACTERISTICS
WHICH ARE DUE EXCLUSIVELY OR
ESSENTIALLY TO THE GEOGRAPHICAL
ENVIRONMENT WITH ITS INHERENT NATURAL
AND HUMAN FACTORS AND THE PRODUCTION,
PROCESSING OR PREPRATION OF WHICH
TAKES PLACE IN SUCH GEOGRAPHICAL AREA.
Statement of Case
DESCRIPTION OF GEOGRAPHICAL
AREA OF PRODUCTION.
MAP OF THE AREA WITH LATTITUDE
AND LONGITUDE AND ATTESTED BY
COMPETENT AUTHORITY.
BRIEF DESCRIPTION OF GOODS.
Statement of Case
PROOF OF ORIGIN – A BRIEF HISTORY OF
THE ORIGIN AND EVOLUTION OF THE G.I
WITH SUPPORTING DOCUMENTS.
METHOD OF PRODUCTION OF THE GOODS.
UNIQUENESS –
UNIQUE GEOGRAPHICAL ENVIRONMENT
ISPECIAL HUMAN SKILLS
OTHER INHERENT CHARACTERISTICS
ASSOCIATED WITH G.I.
Statement of Case
INSPECTION STRUCTURE – PARTICULARS OF
THE MECHANISM TO ASSURE THAT THE
STANDARD, QUALITY, INTEGRITY AND
CONSISTENCY OR OTHER SPECIAL
CHARACTERISTIC IN RESPECT OF THE
GOODS ARE MAINTAINED BY THE
PRODUCERS.
Details of the Applicant
DETAILS OF ALL THE APPLICANT TOGETHER
WITH ADDRESS SHOULD BE GIVEN.
IF THERE IS A LARGE NUMBER OF
PRODUCERS A COLLECTIVE REFERANCE TO
ALL THE PRODUCERS CAN BE MADE IN THE
APPLICATION AND THE G.I, IF REGISTRED,
WILL BE INDICATED ACCORDINGLY IN THE
REGISTER.
Additional Representation
REPRESENTATION OF THE G.I.
SPECIFICATION OF GOODS.
CLASS OF GOODS.
NAME AND ADDRESS OF THE APPLICANT
AND AGENT IF ANY.
PERIOD OF USE.
SHOULD BE SIGNED BY APPLICANT OR
AGENT.
Translation and Transliteration
IF A G.I CONTAINS A WORD OR WORDS IN
CHARACTER OTHER THAN ROMAN OR
DEVNAGARI.
- AN ENDORSMENT SHOULD BE
MADE IN THE APPLICATION FORM AND
ADDITIONAL REPRESENTATION TO THAT
EFFECT.
- SUFFICIENT TRANSLATION
AND TRANSLITERATION SHOULD BE GIVEN.
Affidavit
AN AFFIDAVIT AS TO HOW THE APPLICANT
CLAIM TO REPRESENT THE INTEREST OF
THE ASSOCIATION OF PERSONS OR
PRODUCERS OR ANY ORGANISATION OR
AUTHORITY ESTABLISHED BY OR UNDER
ANY LAW SHOULD ACCOMPANY THE
APPLICATION.
AFFIDAVIT SHOULD BE PROPERLY STAMPED.
Payment of Fee
FEE MAY BE PAID –
1) CASH