With the ruling of Calcutta High Court, the right to enforce a Geographical Indication (GI) tag got a new twist. The HC ruled that Darjeeling Tea as a GI for tea originating from the region cannot be claimed for unrelated goods and services.
Key Highlights:
The HC said that GI is a limited right.
It can be enforced only if it is misused in respect of the same product and not for unrelated goods or services.
It further said that GI Act clearly indicates that the geographical indication is confined to goods.
The whole object of the act is to add economic prosperity to producers of goods and promote goods bearing Indian geographical origin for export.
HC order is one of the first interpreting rights available to a GI holder which will help in defining the ambit of protection provided by GI law in India.
Background:
The order came on a case filed by the Tea Board against hotels-to-tobacco conglomerate ITC in 2010 for operating a premier lounge – ‘Darjeeling Lounge’ – as its ITC Sonar Hotel in Kolkata.
What is GI Tag?
A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
The Geographical Indications of Goods (Registration and Protection) Act was enacted in India in September 2003.
GIs registered in India include Darjeeling Tea, Mysore Sandal Soap, Alphonso mango and Surat Zari Craft.
Governing body for GI
International Level: It is governed by WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It derives its origin from Paris Convention for the Protection of Industrial Property.
In India - Controller General of Patents, Designs and Trade Marks, who is also Registrar of Geographical Indications.
What Is Trademark?
A Trademark, on the other hand is a visible sign that can, in the course of trade, distinguish the goods or services of one trader from those of other traders.
That sign can be fanciful or arbitrary and may include words including names, signatures, colours, designs, letters, numbers and the shape of the goods or their packaging or any combination of these.
The Paris Convention for the Protection of Industrial Property and The Madrid Agreement concerning the International Registration of Marks are treaties governing Trademark.
What is Copyright?
Copyrights protect the expression of ideas. Artistic works are generally considered to be expressions of ideas – books, paintings, songs, movies, and computer programs are examples.
Copyright will not protect the process through which a particular work was created or the use of information within it (instructions, etc.).
The Berne Convention for the Protection of Literary and Artistic Works is an international agreement governing copyright.
What is Patent?
A patent is a right, granted by the government, to exclude others from making, using, or selling one’s invention.
Patents protect inventions such as new processes, machines, or chemicals.
The central idea is that patents protect ideas, not just expressions of them.
Paris Convention is the first major international agreement relating to the protection of industrial property rights, including patents.
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