Wednesday January 7, 02:25 AM

Source: Indian Express Finance

'Experience shows that each GI registration is unique in itself'

Anand and Anand, an intellectual property law firm, has successfully taken up many cases relating to geographical indication (GI) registration of various products in the country. Some of the prominent of Gl cases, the law firm successfully fought, are Kashmir Pashmina, Sozani embroidery, silver filigree and Alleppey Green Cardamom. GK Muthukumaar , senior associate with Anand and Anand spoke to fe s Sandip Das on a range of issues relating to the process of GI registration in the country. Tell us something about the number of GI applications filed in the India and the functioning of GI registry? Till date, about 144 GI applications have been filed with the Geographical Indications Registry (GIR) based in Chennai. Of these, 104 have been registered. We have filed about 19 GI applications, of which 13 have been granted registration. From our experience we find that each GI registration is unique in itself. Further, the level of study, research, inputs and effort that have to be put in for studying and then drafting a GI application, is enormous. GIR has been able to keep up time frames as far as possible. To the best of our knowledge, there has not been a case of undue delay. The GIR is undertaking various sensational programmes and awareness campaigns in various parts of the country, highlighting the need and importance of a GI registration in India. In response to this, the number of filings during 2008 had increased from what it was during the previous years. What are the key areas of conflicts while fighting for GI cases? In case of 13 registrations handled by us, certain compliances and more detailed information were asked for by the GIR during the registration process. But in the case of Pashmina, an opposition was filed by the Kashmir Handmade Pashmina Promotion Trust. However, a settlement was negotiated, based on which, GI registration was granted. In the case of Sozani embroidery, the registration was opposed by the Rawalpindi Chamber of Commerce and Industries and two other associations all from Pakistan and represented by Pakistan s High Commissioner to India. The opposition was very tough and various sensational issues, such as the ownership of the GI rights based on the extent of the state of Kashmir in India were the subjects of opposition. The opponents also sought to be co-applicants. But we had ably defended the right to registration in the name of the applicant and advanced arguments to the effect that the opponents could not be co-opted as co-applicants, since they did not satisfy the legal requirement under the Indian GI Law and the TRIPS Agreement. Accepting our arguments, the opposition was dismissed and Kashmir Sozani was finally granted registration recently. Kashmir Sozani Embroidery stands registered in the name of TAHAFUZ, a registered society which represents the interest of the artisans of the state of Jammu and Kashmir. What are the problems faced during the GI registration process? Some issues that were faced during the registration were relating to textile commodities such as Gadwal Sarees, Upadda Jamdani, Siddipet Gollabama, mostly in the unorganised sector. There is absolutely no documentation available with the artisans with regards to the origin, the production process and other related aspects. So we had difficulty in interacting with the artisans and bringing out the relevant information. Any other comments on GI registration process? The post registration implementation is at present very low and the proprietors or users of all the registered GIs should begin to appreciate the importance of registration and take adequate steps to improve production, enforce quality measures and initiate advertisement campaigns in order to create awareness on the use of GI registered products. This will improve sales to a large extent. That apart, pricing and market exploitation research should also be undertaken to keep up with world market trends. Separate funds should be set up for this and also to curtail infringement. Until this is done, the very purpose of obtaining a registration would not be fulfilled.