The Ministry of Commerce and Industry of India respectively 2023 years 10 month 17 Hiwa 2023 years 10 month 27 The revisions were published in the official Gazette and on its website "2002 Geographical indication of goods (Registration and protection) regulations" ( " "2002 Annual act" " ) the "2023 Geographical indication of goods (Registration and protection) (revise) bill" ( " "2023 Annual bill" " ) .

Indian IP professionals gave a brief interpretation of the draft and made further suggestions.

The ministry modified the current one "2002 Annual act" Table in schedule, The form is in accordance with the original ordinance 10 (1) The fee structure is specified in the article. The revised regulations mainly reduce the fees for filing several forms stipulated in the original regulations. This mainly relates to the submission of geographical indication applications, Issues related to registering as an authorized user and granting additional protection to goods.

For intellectual property professionals in India, "2023 Annual bill" The announcement is a welcome step, This could encourage more entities to apply for GI protection. however, India's larger issues regarding the protection of geographical indications need to be addressed "1999 Geographical indication of goods (Registration and protection) method" ( " "1999 Geographical indication law" " ) The amendment to solve, And this should also be related to "2002 Annual act" The proposed amendments remain consistent.

First of all, "1999 Geographical indication law" Manufacturers should be ensured to participate in an informed consultation process before submitting their applications, So that they are in line with the body that submitted the geographical indication application. This will help producers understand the benefits of geographical indication registration, So as to enhance their willingness to cooperate in the post-registration protection mechanism of geographical indications.

secondly, "1999 Geographical indication law" Multiple layers of inspection and penalties for quality control failures should be included, Ensure the provision for quality control of goods under registered geographical indications.

third, The Act must include provisions for the transfer or transfer of geographical indications from a registered entity to another entity, To accommodate cases where the registered owner is no longer able to manage the registered geographical indication.

As the fourth amendment, Professionals recommend omitting the provisions regarding authorized user registration, These requirements have become a financial and procedural burden for authorized users and the Registry of geographical Indications, In particular, it affects geographical indications with a large number of users, Like basmati rice.

The Register of Geographical indications is a public register that defines the characteristics of a registered geographical indication, It can be used as a record to verify whether a particular product is qualified for legitimate geographical indication protection. All persons who meet the specifications listed in the register should naturally have the right to use the registered geographical indication, Without having to officially register yourself as an authorized user.

In addition, The owner of the registered geographical indication may allow the management of the list of authorized users, Rather than just being managed by the Registry of Geographical Indications. This will also give them the right to take legal remedies against unauthorized users, And expand the scope of criminal protection currently limited to authorized users.

According to professionals, These pairs "1999 Geographical indication law" The proposal will fill the gap in India's GIS conservation ecosystem, It will not only provide comprehensive protection for registered geographical indications, And there will be comprehensive protection for all relevant stakeholders. (Be compiled from www. asiaiplaw. com)

TRANSLATORS: Wang Dan　proofread: Wu Xian



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