Define Geographical Indications (GI) with an example. What are the rights granted to GI holders?
Answer:-
GEOGRAPHICAL INDICATIONS
- A GI is defined as a sign which can be used on products belonging to a particular geographical location/region and possesses qualities or a reputation associated with that region.
- In GI, there is a strong link between the product and its original place of production.
Examples: Darjeeling Tea, Mysore Silk, etc.
RIGHTS GRANTED TO THE HOLDERS
- Right to grant the license to others – The holder has the right to gift, sell, transfer/grant a license, mortgage or enter into any other arrangement for consideration regarding their product. A license or assignment must be given in written and registered with the Registrar of GI, for it to be valid and legitimate.
- Right to sue – The holder of GI has the right to use and take legal action against a person who uses the product without his consent.
- Right to exploit – The holder of GI can authorize users with exclusive right to use goods for which the GI is registered.
- Right to get reliefs – Registered proprietors and authorized users have the right to obtain relief concerning the violation of such GI products