In addition to the mainstream Intellectual Property activities, at BananaIP Counsels, we also provide Geographical Indication (GI) registration, Plant Variety protection and Integrated Circuit registration services. With the backing of in-depth familiarity with these services at various levels, our team of attorneys understands the processes very well and has worked through the entire life-cycle of these forms of protection. Our research skills, scientific knowledge and legal proficiency allow us to offer unmitigated, unique services in all allied species of Intellectual Property (IP) in India, and around the world.
Geographical Indications (GI) of goods are indications of quality, reputation or characteristics of the goods connected with the region from which the goods originate. They are names, signs or other representations used for goods having certain qualities as they originate from a specific place, city or geographical territory. The name, Mysore Silk, is an example of a GI because it refers to silk originating from Mysore and has certain qualities and reputation associated with it.
The goods associated with GIs may be agricultural, natural or manufactured goods. In case of manufactured goods, production, processing or preparation must take place in that geographical region. The name associated with the goods might not be the name of the geographical area or region. It is sufficient if the name is associated and recognized with the geographical area. Pashmina Shawls is an example of a geographical indication that does not refer to the name of the place from which they originate, which is Kashmir.
Products, whose quality and characteristics are dependent on the natural or environmental factors in a geographical region, are referred to as Appellations of Origin. Darjeeling Tea is an example of Appellation of Origin because its characteristics are attributable to the climate, geographical terrain and soil conditions in Darjeeling..
“Integrated Circuit Protection”
A special law has been passed in India to protect layout designs of semiconductor integrated circuits. The objective of the law is to promote the progress of innovation in integrated circuits. The said law was passed because most layout designs would not be able to satisfy the stringent requirements under patent law. Also, because acquiring a patent over an integrated circuit would be very cumbersome and highly complex due to thousands of integrated circuits in one invention, an alternative system was required. As they are primarily inventions with functional value, other forms of IP could not be effectively used to protect layout designs of integrated circuits. A layout design must be original, distinct and not commercialized to be eligible for protection.
Plant Variety law affords protection to inventions relating to new varieties of plants. The objective of the plant variety protection law is to promote development of new plant varieties. It provides protection in the form of exclusive rights over new plant varieties for a limited period to plant breeders to encourage them to develop new varieties through research. The law also protects farmers for conserving, improving and making the plant genetic resources available for development of new varieties of plants.
A plant variety will be eligible for protection if it is novel, distinct, uniform and stable.