Draft geographical Indications of Goods(Registration and Protection) (Amendment) Rules, 2023
In the recent development, the Ministry of Commerce and Industry through the Department for Promotion of Industry and Internal Trade introduced a notification for the draft amendment in the Geographical Indications of Goods (Registration and Protection) Rules, 2002. The proposed amendment in the Rules, 2002 strives to bring change in the principal rules, for the Table in First Schedule which deals with fees required to be paid for the Applications, Registrations, Oppositions, Renewal, or any other matter under the Act or specified under the Rules, 2002, along with their corresponding forms.
The proposed amendment seeks to strengthen the Intellectual Property framework by reducing the fees to be paid under the First Schedule in respect of Registrations of Geographical Indication (GI) (under Entry 1A, 1B, 1C, ID), Registration of Authorized User of the registered GI (under Entry 3A), Renewal of Authorized User (under Entry 3B) and for application made for additional protection to certain goods (under Entry 9A). The amendment also imposes fees in case of Application made by the Authorized User in case of Alteration of Address (under Entry 5A), Correction of Error (under Entry 5C), Certificate of Registrar (under Entry 7A) and for Duplicate and further copy of Certificate (under Entry 7F).
Some of the highlights of the proposed amendments are as follows:
| S.No | Category | Revised Fees | Old Fees |
|---|---|---|---|
|
1. |
Application for the registration of a geographical indication for goods included in one class.(similar for convention country) |
Rs. 1000/- |
Rs. 5000/- |
|
2. |
On a single application for the registration of a geographical indication for goods in different classes. |
Rs. 1000/- for each class |
Rs. 5000/- |
|
3. |
On a single application for the registration of a geographical indication for goods in different classes from a convention country |
Rs. 1000/- for each class |
Rs. 5000/- for each class |
|
4. |
On application for the registration of an authorized user of a registered geographical indication |
Rs. 10/- |
Rs. 500/- |
|
5. |
On application to Registrar for additional protection to certain goods |
Rs. 12000/- |
Rs. 25000/- |
Such a step is an attempt to increase the registration of the genuine Authorized Users in the existing GI product. The said amendment will further act as an incentive to protect local heritage and boost regional economy. The draft is released for providing information to the stakeholders and is available for inviting any objection and suggestion for the period of thirty days from the date on which the Official Gazette, containing the Draft Amendment, was made available to the public. The adjustment made in the fees structure is geared towards simplifying the registration process while maintaining its affordability and ensuring that the benefit of registration is available to the wide range of applicants. However, such an ease in registration should be backed by implementation of proper quality monitoring mechanisms for obtaining the GI mark in order to maintain sufficient quality of that good.
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Draft geographical Indications of Goods(Registration and Protection) (Amendment) Rules, 2023
In the recent development, the Ministry of Commerce and Industry through the Department for Promotion of Industry and Internal Trade introduced a notification for the draft amendment in the Geographical Indications of Goods (Registration and Protection) Rules, 2002. The proposed amendment in the Rules, 2002 strives to bring change in the principal rules, for the Table in First Schedule which deals with fees required to be paid for the Applications, Registrations, Oppositions, Renewal, or any other matter under the Act or specified under the Rules, 2002, along with their corresponding forms.
The proposed amendment seeks to strengthen the Intellectual Property framework by reducing the fees to be paid under the First Schedule in respect of Registrations of Geographical Indication (GI) (under Entry 1A, 1B, 1C, ID), Registration of Authorized User of the registered GI (under Entry 3A), Renewal of Authorized User (under Entry 3B) and for application made for additional protection to certain goods (under Entry 9A). The amendment also imposes fees in case of Application made by the Authorized User in case of Alteration of Address (under Entry 5A), Correction of Error (under Entry 5C), Certificate of Registrar (under Entry 7A) and for Duplicate and further copy of Certificate (under Entry 7F).
Some of the highlights of the proposed amendments are as follows:
| S.No | Category | Revised Fees | Old Fees |
|---|---|---|---|
|
1. |
Application for the registration of a geographical indication for goods included in one class.(similar for convention country) |
Rs. 1000/- |
Rs. 5000/- |
|
2. |
On a single application for the registration of a geographical indication for goods in different classes. |
Rs. 1000/- for each class |
Rs. 5000/- |
|
3. |
On a single application for the registration of a geographical indication for goods in different classes from a convention country |
Rs. 1000/- for each class |
Rs. 5000/- for each class |
|
4. |
On application for the registration of an authorized user of a registered geographical indication |
Rs. 10/- |
Rs. 500/- |
|
5. |
On application to Registrar for additional protection to certain goods |
Rs. 12000/- |
Rs. 25000/- |
Such a step is an attempt to increase the registration of the genuine Authorized Users in the existing GI product. The said amendment will further act as an incentive to protect local heritage and boost regional economy. The draft is released for providing information to the stakeholders and is available for inviting any objection and suggestion for the period of thirty days from the date on which the Official Gazette, containing the Draft Amendment, was made available to the public. The adjustment made in the fees structure is geared towards simplifying the registration process while maintaining its affordability and ensuring that the benefit of registration is available to the wide range of applicants. However, such an ease in registration should be backed by implementation of proper quality monitoring mechanisms for obtaining the GI mark in order to maintain sufficient quality of that good.
The Wake-Up Call: Why Indian Companies Should Prioritize Intellectual Property Management
Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement
Changing Trends in Trademark Enforcement Rights
Copyright Infringement – Section 63, A Cognizable and Non-Bailable Offence
Draft geographical Indications of Goods(Registration and Protection) (Amendment) Rules, 2023
In the recent development, the Ministry of Commerce and Industry through the Department for Promotion of Industry and Internal Trade introduced a notification for the draft amendment in the Geographical Indications of Goods (Registration and Protection) Rules, 2002. The proposed amendment in the Rules, 2002 strives to bring change in the principal rules, for the Table in First Schedule which deals with fees required to be paid for the Applications, Registrations, Oppositions, Renewal, or any other matter under the Act or specified under the Rules, 2002, along with their corresponding forms.
The proposed amendment seeks to strengthen the Intellectual Property framework by reducing the fees to be paid under the First Schedule in respect of Registrations of Geographical Indication (GI) (under Entry 1A, 1B, 1C, ID), Registration of Authorized User of the registered GI (under Entry 3A), Renewal of Authorized User (under Entry 3B) and for application made for additional protection to certain goods (under Entry 9A). The amendment also imposes fees in case of Application made by the Authorized User in case of Alteration of Address (under Entry 5A), Correction of Error (under Entry 5C), Certificate of Registrar (under Entry 7A) and for Duplicate and further copy of Certificate (under Entry 7F).
Some of the highlights of the proposed amendments are as follows:
| S.No | Category | Revised Fees | Old Fees |
|---|---|---|---|
|
1. |
Application for the registration of a geographical indication for goods included in one class.(similar for convention country) |
Rs. 1000/- |
Rs. 5000/- |
|
2. |
On a single application for the registration of a geographical indication for goods in different classes. |
Rs. 1000/- for each class |
Rs. 5000/- |
|
3. |
On a single application for the registration of a geographical indication for goods in different classes from a convention country |
Rs. 1000/- for each class |
Rs. 5000/- for each class |
|
4. |
On application for the registration of an authorized user of a registered geographical indication |
Rs. 10/- |
Rs. 500/- |
|
5. |
On application to Registrar for additional protection to certain goods |
Rs. 12000/- |
Rs. 25000/- |
Such a step is an attempt to increase the registration of the genuine Authorized Users in the existing GI product. The said amendment will further act as an incentive to protect local heritage and boost regional economy. The draft is released for providing information to the stakeholders and is available for inviting any objection and suggestion for the period of thirty days from the date on which the Official Gazette, containing the Draft Amendment, was made available to the public. The adjustment made in the fees structure is geared towards simplifying the registration process while maintaining its affordability and ensuring that the benefit of registration is available to the wide range of applicants. However, such an ease in registration should be backed by implementation of proper quality monitoring mechanisms for obtaining the GI mark in order to maintain sufficient quality of that good.
The Wake-Up Call: Why Indian Companies Should Prioritize Intellectual Property Management
Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement
Changing Trends in Trademark Enforcement Rights
Copyright Infringement – Section 63, A Cognizable and Non-Bailable Offence
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