Reliance withdraws GI tag applications for Jamnagar and KG Gas [India]

Reliance Industries Ltd, the nation's most valued company, has withdrawn applications to register the terms, 'Jamnagar' and 'Krishna Godavari', as geographical indication (GI) tags for its petro products. The Mukesh Ambani-led RIL had sought the GI tag for five products, four with a prefix of 'Jamnagar' and one for Krishna Godavari Gas.

The company has now 'withdrawn' its applications for four products, including Jamnagar Petrol, Jamnagar Fuel, Jamnagar LPG and Jamnagar Diesel, while request for the registration ofKrishra Godavari Gas has been 'abandoned', a senior official from Chennai-based Geographical Indication Registry told PTI. RIL, however, declined to comment on the issue. The GI is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that region.

A GI status provides legal protection and facilitates for action in case of infringement. Further, it promotes economic prosperity of producers in a particular area. GIs are covered as an element of Intellectual Property Rights. GL Verma, Assistant Registrar of Trade Marks & GI, said the applications of RIL for the term Jamnagar was facing opposition and now the company had withdrawn its applications. RIL has withdrawn its GI applications exactly after four years of filing. The company had filed its applications for these products on September 15, 2005, as per the details with the office of Geographical Indications. Controller General of Patents, Designs & Trade Marks also confirmed the withdrawal and abandonment of applications.

Under the Geographical Indications of Goods (Registration and Protection) Act, 1999, the GI office functions under the Controller General of Patents, Designs, and Trade Marks. RIL had filed applications under class 4 of Geographical Indications of Goods (Registration and Protection) Act, 1999. Class 4 of the Act deals with products for industrial oils and greases, lubricants, dust absorbing, wetting and binding compositions, fuels (including motor spirit) and illuminants,candles and wicks. The GI status for the products with Jamnagar prefix was sought for the geographical areas of Gujarat, whereas the tag for Krishna Godavari Gas was for Andhra Pradesh. "The decision in this case is a standard practice," Rodney D Ryder, an intellectual property law expert at Delhi-based legal firm Kochhar & Co, said. In past, the GI tag has been awarded to a number of products or goods such as the famous Darjeeling Tea, Madhubani Paintings, Kashmiri Sozani Craft and Thanjavur Painting.

Banarasi Silk receives GI rights [India]

Banarasi silk products have been registered under Geographical Indication (GI) rights with the name ‘Banaras Brocades and Sarees’. This is the first ever GI status that any product in Eastern UP has received. Malihabadi Dussehri mango is another product that is enjoying GI status in the state of Uttar Pradesh. The GI rights curb others from processing or marketing any product under the same name and are as good as intellectual property rights. The GI certificate for Banarasi silk products have been received by the office of Assistant Director (Handloom) and other applicants.

The certificate will prove to be advantageous for the exporters and consumers, along with the handloom weavers, said Mr. Rajni Kant, President, Human Welfare Association (HWA) who is also one of the applicants.As GI status is the measure to restrict the misuse of Banarasi sari brand, it would benefit around 12 lakh people who are directly or indirectly associated with handloom silk industry of the region. According to the certificate issued by the registrar of GI, Banaras Brocades and Sarees come under four classes (13-26) that include silk brocades, textile goods, silk saree, dress material and silk embroidery. This registration is for 10 years, which can be renewed further. Organizations such as UK based Find Your Feet, Department for International Development and United Nations Conference on Trade and Development (UNCTAD) India offered support to secure the GI status, said Mr. Kant. Nine organizations had applied for the GI registration of world famous Banarasi saree and brocade, to the Chennai-based Geographical Indication Registry in July 2007 and they received the GI status on September 4 this year, nearly after two years.

The nine organizations were, Banaras Bunkar Samiti , Human Welfare Association (HWA), joint director industries (eastern zone), director of handlooms and textiles Uttar Pradesh Handloom Fabrics Marketing Cooperative Federation, Eastern UP Exporters Association (EUPEA), Banarasi Vastra Udyog Sangh, Banaras Hath Kargha Vikas Samiti and Adarsh Silk Bunkar Sahkari Samiti. Banaras, which is among the premier weaving centres in the country, is very popular for its glamorous, colourful and exclusive varieties of saris such as Jangla, Tanchoi, Vaskat, Cutwork, Tissu and Butidar, and also for brocade and dress materials.

Thanjavur Dolls acquire GI Status [India]

The dancing dolls (thalai aatti bommai) of Thanjavur can now boast of one more feature the Geographical Indication (GI) mark. The doll has been included in the Government of India's GI Registry, a statutory recognition of the toy's geographical origin to the Thanjavur region. From now on, the term dancing doll of Thanjavur' would refer only to the authentic Raja-Rani' pair, which stand on a curved pedestal.

The GI-registered dolls, which are believed to have come to Thanjavur during King Sarafoji's regime in the early 19th century, are unique as they remain vertical and upright always, thanks to a clay tablet placed inside the round curved pedestal.

Among the other products registered with the GI registry are Darjeeling tea, Chanderi saree, Kancheepuram silk, Mysore sandal soap, Solapur terry towel and Kangra tea. Under the Geographical Indication of Goods (registration and protection) Act, 1999, agricultural, natural or manufactured goods originating or manufactured in the territory of a country, or a region or locality in that territory, are registrable as geographical indications. This gives to the registered proprietor and its authorised users the legal right to the exclusive use of the GI and also the right to obtain relief in case of its infringement. It also ensures that only genuine products are marketed. Putting the Thanjavur dolls under GI protection is no mean achievement as it is common for the entire world. Just like trademarks, the GI mark too are source-identifiers. Besides ensuring monopoly for the association or group the Thanjavur Chamber of Commerce in this case the GI mark shields a product from bogus claims and poor quality. In the case of the Dancing Dolls, the GI registry has taken note of the unique production method involving plaster of Paris, papier mache, wood pulp and sago. It recognized the raja-rani' motif of the doll tradition and attributed the dolls to the skills of artisans in and around Thanjavur.

Now that it has been registered, artisans cand register themselves with the Chamber to become GI-recognised craftsmen. The membership will also entail inspection by internal and external experts, who are mandated to audit the quality of the dolls in keeping with the culturally rich tradition of Thanjavur.

Will 'Peter the Scot' harm Indian Geographical Indications? [India]

India can have its whisky, and drink it too, but it risks losing out in the global rice and tea market.
A ruling by the Supreme Court on Tuesday ended the almost two-decades-long challenge by an association of Scotch whisky makers to Khoday India Ltd’s right to have a non-Scotch whisky brand called Peter Scot because of the similarity between the words “Scot” and “Scotch”.
But the ruling could result in global retaliation and affect Indian products such as basmati rice and Assam tea, say analysts. That’s because the Supreme Court ruled in favour of Khoday despite the geographical indication (GI) status enjoyed by Scotch. Unlike a trademark—a unique and distinctive sign to identify a product or service—a GI is a sign used on goods that have a specific place of origin and possess qualities or reputation that are due to that origin.
In many cases, a GI is merely the name of the place where the goods originate. “Champagne” and “Tuscany” are some examples of GIs. Indian examples include “Assam tea”, “Darjeeling tea” and “Kanchipuram silk saree”. Basmati rice is also a GI.

In this case, Khoday, which began producing Peter Scot 40 years ago, registered the trademark in 1974. Twelve years later, the Scotch Whisky Association or SWA, a group of manufacturers and exporters of Scotch whisky, raised an objection before the registrar of trademarks, arguing that the word “Scot” was deceptively similar to “Scotch” and would mislead the consumers into believing that the product was of Scottish origin. The registrar ruled in SWA’s favour.
Khoday appealed to the Madras high court which too ruled against it. The high court order delivered in October was challenged by Khoday in the Supreme Court.
A two-judge bench on Tuesday allowed the appeal and validated the use of the trademark “Peter Scot”.
The judgement swung in favour of Khoday on two points. The first was the delay of 12 years on part of SWA in filing an objection.
The second was that consumers of Scotch whisky in India are discerning enough to distinguish between Scotch whisky and whisky made in India.
Referring to precedents from countries such as Australia and the US, the judges said the legal test applied to check deception of consumers by the high court were incorrect.
The judgement states: “However, tests laid down in Australia and United States in respect of self-same goods are noticed herein before are somewhat different. But then we are concerned with the class of buyer who is supposed to know the value of money, the quality and content of scotch whisky. They are supposed to be aware of the difference of the process of manufacture, the place of manufacture and their origin.”
The apex court’s judgement, interestingly, overturns numerous verdicts of high courts in the country that granted SWA relief by passing restraining orders against liquor manufacturers in India for using words such as “Scot”, “Highland” and “Chief”, words that SWA contended were associated with Scotch whisky brewed in Scotland.