Read this blog to understand whether or not the patent rights are global. Also, you will learn more about patents in the country.
Geographical indications are covered under articles related to the Paris Convention. Geographical indication of a product is applicable for the protection of Industrial property. Industrial property remains an element of intellectual property rights. Industrial property-related details are covered under certain articles of ‘The Trade-Related Aspects of Intellectual Property Rights (TRIPS)’ Agreement. This is a part of the Agreements that concluded the Uruguay Round of GATT negotiations.
According to Section 2(e) of the Geographical Indications of Goods (Registration and Protection) Act, geographical indication concerning goods implies that a specific interest or a product (more often referred to as a commodity) has a definite origin.
In general, exclusive rights are only valid in the country or territory where a patent has been filed and granted, in line with local legislation.
As a result of this origin, we mean the locational aspect of the market segment, and hence the product attributes are judged accordingly. Sometimes, technology related to such products can also be patented, while the service good is closely associated with the original market. You can Know about the Rights of Patent Filing Person for any kind of Physical Product.
Geographical Indication
As we all know, Christopher Columbus sailed from Europe to find a new route for tapping the wealth of the rich spices in India. It was interesting to note that English breeders used to import Arabian horses to give birth to Derby winners.
On the other hand, certain products like China silk, Dhaka Muslin, and coupled Venetian glass were understood to be treasured possessions across the globe as these products were widely marketed. Every product of this type was associated with a particular market origin, and such brands were carried forward by future generation entrepreneurs. It is also necessary to understand Mobile App patent process for newly developed Software.
Thus, goodwills of the brand were created in different markets, although the product belonged to a particular need of origin, for that matter of fact. One of the exciting aspects remained a rare combination of nature-based attributes while a human blending had created the so-called ‘magic of the product’. This particular concept has ignited the idea of geographical indications.
Hence, much later, certain products were directly associated with the place of origin to create the belongingness of the consumers with the product.
Experts from the law have stated that the parliament passed the Geographical Indications of Goods (Registration and Protection) Act in 1999.
The act was enacted to protect the concept of geographical indications in relation to a particular product. However, industry experts reveal that the Act was administered by the Controller General of Patents, Designs and Trade Marks. Such a nodal agency is also referred to as ‘Registrar of Geographical Indications’. Although the nodal agency is located in Chennai, the authority to associate a product with market origins remains with the body across India.
Benefits of Registration of Geographical Indications
There are several benefits of geographical indications. It offers legal protection to geographical indications in India as far as various products are concerned. It prevents the illegal use of a registered geographical indication favouring a development by someone else.
It offers legal protection to India’s geographical indications, which in turn helps to improve exports of various products related to Indian origin. It also helps promote the economic prosperity of the manufacturers of goods produced within a geographical territory.
Most of the experts associated with the field acknowledge that promoting geographical indications can outweigh the brand in many respects. For instance, for Mysore sandal soap, it remains evident that the product originates in the market of Mysore, close to Bengaluru. This, in turn, can promote a unique product identity as well.
Eligible Applicants for the Registration of Patent
- A group of persons, manufacturers, organisations, or authorities established by the law or under the law can ask for such registration.
- The applicant should represent the producers’ interests in marketing the product on a mass scale.
- The application for the registration of a geographical registration should be given in writing in the specified form as has been disclosed by official authorities.
- The application should be given to the Registrar of Geographical Indications, and the required fee should also be provided. This can precisely enable the product to be rightly reflected in association with a geographical indication.
A geographical indication can be rightly associated with any product manufactured for the first time in a given market. The right to market the product on a large scale lies with the manufacturer on the first go.
Applying for Patent Protection in a Single Country
When it comes to obtaining patent protection, it is important to understand that there is no single international patent that provides worldwide coverage. Patents are granted by individual countries, and therefore, an inventor or business seeking patent protection must apply for patents in each country individually. However, there are certain ways to streamline the process and obtain patent rights worldwide.
How Can Patents Be Obtained Worldwide?
While there is no international patent, there are mechanisms in place to simplify the process of obtaining patent protection in multiple countries. One such mechanism is the Patent Cooperation Treaty (PCT), which allows inventors to seek patent protection simultaneously in a large number of countries by filing a single “international” patent application.
Under the PCT, inventors can file an international patent application, which is then examined by an international authority. This examination provides a preliminary assessment of the patentability of the invention. After the international phase, the application enters the national or regional phase, where individual patent applications are filed in the countries or regions where protection is sought.
Another option is to file patent applications directly in foreign countries. This involves filing separate patent applications in each country where protection is desired. This approach allows for more control over the application process and can be advantageous in certain situations.
The Streamlining Effect of International Patent Applications
International patent applications, such as those filed under the PCT, offer several advantages in streamlining the process of obtaining patent rights worldwide:
Cost Efficiency: Filing a single international patent application can be more cost-effective than filing separate applications in multiple countries initially. This allows inventors to delay the expenses associated with filing individual applications until the national or regional phase.
Centralized Examination: The international phase of the PCT provides a centralized examination process, which can help identify potential issues and assess the patentability of the invention before entering the national or regional phase.
Extended Timeframe: Filing an international patent application extends the timeframe for deciding in which countries to pursue patent protection. This provides inventors with more time to evaluate the commercial viability of their invention and make informed decisions.
It is important to note that while international patent applications streamline the process, they do not grant patents. The grant of a patent still requires separate approvals from each country or region where protection is sought.
When Can We Say that Geographical Indication is Infringed?
We can say that a geographical indication has been infringed when a geographical indication is used by an unauthorised user, which implies that such goods have originated in a geographical area which is different from their actual place of origin in a manner. This is what misguides the masses regarding the geographical origin of the goods and can primarily affect the brand image. The associated goodwill of the product is also substantial, and hence, the geographical indication acts to protect the brand from being diluted.
The Difference Between Geographical Indication and Trademark
A trademark is regarded as a sign which is used for trade purposes. It helps to distinguish the goods or services of one company from the goods or services of the other company. On the other hand, a geographical indication is regarded as an indication used to identify interests with special characteristics and coming from a specific geographical territory.
FAQs
Who has the Right to Use the Registered Geographical Indication
Exclusive rights to use the geographical indication pertaining to goods that have been registered lie with the authorised user.
The Validity Period of the Registration of a Geographical Indication
The registration of a geographical indication has a validity period of 10 years.
Is it Possible to Renew a Geographical Indication?
Yes, a geographical indication is renewable from time to time for ten years.
TheEffect of a Geographical Indication in case it is not Renewed
If a registered geographical indication has not been renewed, it is deleted from the register.
Is it possible to Remove a Registered Authorized User or a Registered Geographical Indication from the Register?
Yes, removing a registered authorised user or geographical indication from the register is possible. The Appellate Board or the Registrar of Geographical Indications can do so. If an aggrieved person applies, an action can be taken.
Why is there no international patent?
Patents are granted by individual countries, not by any international authority. Therefore, there is no single international patent granting authority that provides worldwide patent protection.
What countries don't allow patents?
The availability and requirements for patent protection vary from country to country. While most countries allow patents, there are some exceptions, such as countries that do not have a patent system or have limited patentability criteria.
Do all countries have the same patent process?
No, the patent process can vary from country to country. Each country has its own patent laws, regulations, and procedures that applicants must follow.
How do I get international patent rights?
International patent rights can be obtained through mechanisms such as the Patent Cooperation Treaty (PCT), which allows inventors to file a single international patent application that can be used as a basis for seeking patent protection in multiple countries.
Is a patent in India valid for other countries?
No, a patent granted in India is only valid within the territory of India. To obtain patent protection in other countries, separate patent applications must be filed in each country.
Is a U.S. patent valid in India?
No, a U.S. patent is not automatically valid in India. To obtain patent protection in India, a separate patent application must be filed with the Indian Patent Office
Conclusion:
Every product has a market of origin that has been manufactured first. A geographical indication can authorise the creation favouring the given market of origin. Trademark Concept is different and is applicable for so-called trade purposes. Industry experts reveal that it is always best to go for a geographical indication or naming approach to protect the product from unauthorised users.
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