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Geographical Indications (GI)

BananaIP Counsels > Geographical Indications (GI)

GI for Tirupathi Laddu: Whose Interests are Protected?

Original Date of Publication: March 16th, 2010 The Tirumala Tirupathi Devasthanams (TTD) trustees of world’ richest temple on Tirumala Hills secured Geographical Indication (GI) Registration for sacred Laddu Prasadam, from Indian Patent Office, Chennai, recently, raising many eyebrows. It is criticized as its latest manifestation of brazen commercialization of divine abode. Ironically, sacred Tirupathi Laddu now joins the company of goods like Darjeeling Tea, Goa Feni, and Champagne wine etc. What hurts devotees is the way Prasadam is reduced to a commercial product. What is GI? The Geographical Indication of Goods (Registration & Protection) Act, 1999 has been made to secure the...

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Public Interest or Private Monopoly- The Case of Tirupathi Laddu

The iimage depicts a Tirupathi Laddu

This post was first published on August 7th, 2012. In a legal tangle that finally unknotted in late July, the Geographical Indication (GI) of ‘Tirupati Laddu’ has drawn a lot of attention, regards the religious sentiment attached to it. Unlike, Madhubani paintings, Darjeeling Tea or Goa Feni which enjoy the Geographical Indication tag, the roadmap for a GI status to the Prasadam(The ‘Tirupathi Laddu’), the temple being managed by Tirupati Tirumala Devasthanam was not a sweet path to reckon with. Be it the description of J Mohanraj, the then General Secretary of Jebamani Janata Party, who within weeks of granting the GI...

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‘Darjeeling’ is Not Owned by Tea Board

This post was first published on 19th September 2011. Tea Board, India v. I.T.C. Limited Decided by CALCUTTA HIGH COURT on 24th August, 2011 Facts The plaintiff is an autonomous, non-profit statutory body and was established by the Government of India for the purpose of controlling the Indian Tea Industry. This establishment is engaged in production, cultivation, marketing, sale and export of tea, encouraging research, and other numerous statutory duties and functions under the Tea Act. In order to preserve the integrity of tea sold under the name DARJEELING, the plaintiff has developed a distinctive DARJEELING logo, which consists of the image of a...

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GI Applications filed in India

The image depicts a red mysore silk saree.

First Publication Date: 17th November 2009 The Geographical Indication Act, 1999 came into force on 15th September, 2003.  The first GI was filed on 27th October, 2003 by the Tea Board, West Bengal for Darjeeling Tea in class 30.  Thereafter, approximately 130 GI has been registered and Published in the GI Journal.  GI registration is accorded to products with a reputation attributable to their place of origin or the area where they are manufactured.  Filings for GI have increased with in last 2 years. It can be inferred from the below table that the southern states of India have filed more number...

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Copyrights and Entertainment Law News

Censor Board Removes Kashmir References from Mission Impossible: Fallout, IIFA Accused of Plagiarism over the Tribute Video on Sridevi, Major Record Labels file suit against Cox Communications for Piracy, Long-running Suit between Motorola and Hytera now Includes Copyright Infringement, City Merchandise Inc Sues Balenciaga for Copyright Infringement, Great Dane Graphics Settles Copyright Infringement Case, Relativity and Netflix settle long-running licensing dispute, Lionsgate And Universal Music Sign Exclusive Multi-year Agreement, Maker of craft beer Bira 91 enters merchandising. COPYRIGHT QUOTE OF THE WEEK “Copyright? Copy RIGHT: Steal ideas, steal facts, but do not steal words.” – Dan Poynter INDIAN COPYRIGHT STATISTICS There is an increase...

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Trademark Application filed for “English Brexit Tea”

The featured image shows the word Brexit written on the tiles of a scrabble. The post is about a trademark bearing the name "Brexit " which is filed for registration. To know more, please click here.

A lot has been discussed and speculated about the referendum “Brexit”. The UK has voted to leave the EU on June 23rd , 2016. This decision will have far reaching effects, including potential effects on intellectual property rights in the UK. June 23rd 2016, will be a landmark date in the European and British history.  Under Article 50 of the Lisbon Treaty, the UK must now notify the European Council of its intention to withdraw from the EU, which will lead to a negotiation period of minimum two years.  During this period, the UK will negotiate its future relationship with the EU,...

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National IPR Policy: Geographical Indications Related Objectives

The featured image depicts a collage with various goods in India which have been registered as geographical indications like tanjore paintings,Mysore silk sarees, Tirupathi Laddus,Pashmina Shawls. This post deals with geographical indications. To know more click here

India approved its first ever Intellectual Property Rights (IPR) policy on 13th May 2016 with a vision to stimulate creativity and innovation and to promote advancement in science and technology, art and culture, traditional knowledge and biodiversity resources. The policy lays out seven broad objectives and they are as follows: Awareness: outreach and promotion; Generation of IPRs; Legal and legislative framework; Administration and management; Commercialization of IPR; Enforcement and adjudication; and Human capital development. This article considers various provisions relating to Geographical Indications under the new IPR Policy. The policy identifies GIs as an area of strength and optimism for India. The following positive considerations are provided with respect to Geographical...

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Make in India and the untapped potential of Geographical Indications

The featured image is of a collage of different GIs in India. The post is about geographical indications and the make in India initiative. To read more click here.

The Make in India program was launched by Prime Minister, Mr. Narendra Modi, in September 2014 as part of a wider set of nation-building initiatives. These initiatives were aimed at encouraging multi-national, as well as national companies to manufacture their products in India. Last year in July, the Department of Industrial Policy and Promotion (DIPP) had come up with various strategies, keeping “Make in India” as the backdrop to encourage innovation and creativity, further boosting the intellectual property rights (IPR) regime. Some of the initiatives forming a part of this strategy were: more posts in various IP offices, online e-filing facilities, rebate on...

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Selling Genuine GI: A GoI Initiative.

The featured image shows a collage of the different kinds of GI products in India. The post is about the governments decision to market the GI products through ecommerce. To read more click here.

The boom of ecommerce has brought a major change in how commercial transactions are carried out today. Ecommerce platforms are blooming and everyone is embracing this approach because of its smart and widespread reach to consumers. The Government does not want to lag behind and in its attempt to catch up with the ongoing trend; is considering going the ecommerce way to sell authentic Geographical Indication (GI) products. GI registration gives the registered proprietor and its authorized users, the right to the exclusive use of the GI and also the right to obtain relief in case of its infringement. Exclusion of...

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India Bags the Basmati GI tag

This image shows some cooked Basmati rice. This post is about the recent GI tag that has been given to Indian Basmati Rice against Pakistan's petition. To read more click here.

At last the long awaited GI tag has finally been bestowed upon the Basmati Rice grown in seven north Indian Basmati rice-producing states including Punjab, Haryana, Himachal Pradesh and Uttarakhand and parts of Uttar Pradesh and Jammu & Kashmir. The order was issued on the 5th of February 2016 by Justice K.N. Basha, Chairman, IPAB, and Sanjeev Kumar Chaswal, technical member, Trademark, IPAB. The important aspects of the order issued to Assistant Registrar of GI Registry, by the Appellate Body are: To proceed with the registration and issue the GI certification for the seven north Indian states, mentioned in the application...

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