Using a flowchart, explain the process of GI registration.

Using a flowchart, explain the process of GI registration.

Answer:-

PROCEDURE FOR GI REGISTRATION DOCUMENTS

  • Prior to filing an application for registering GI, it is prudent to search whether the concerned GI is already protected or not. This can be done by using search engines created by WIPO.
  • The list of registered GI in India can be accessed from the official website of CGPDTM.
  • Once the prior search for registered GI is done, the applicant has to file an application.  The application for GI can be forwarded by an individual or an organization or authority of people established under Indian law.
  • The application in a prescribed format is submitted to the Registrar, Geographical Indications along with the prescribed fee.
  • In the application, the applicant needs to mention the interest of the producers of the concerned product.
  • The application should be duly signed by the applicant or his agent with all the details about the GI that how its standard will be maintained.
  • The submission of three certified copies of the map of the region where the GI belongs is mandatory. Once the application is filed at GI Registry, the Examiner will scrutinize the application for any deficiencies or similarities.
  • If the examiner finds any discrepancy, he will communicate the same to the applicant, which is to be replied within one month of the communication of the discrepancy.
  • Once the examiner is satisfied with the response/s, he files an examination report and hands over the same to the Registrar. Once again, the application is scrutinized.
  • If need be, the applicant is asked to clear any doubts/objections within two months of the communication otherwise, the application will be rejected.
  • After getting a green signal from the Registrar, the application is published in the official Geographical Indication Journal for seeking any objections to the claims mentioned in the application.
  • The objections have to be filed within four months of the publication. If no opposition is received, the GI gets registered by allotting the filing date as the registration date.
  • Initially, GI is registered for ten years but is renewable on the payment of the fee.

Leave a Reply

Your email address will not be published. Required fields are marked *