An analytical overview on the geographical indication act

A geographical indication that identifies a good as originating in the territory of a region, a locality in that territory, where a given quality, reputation, or other characteristics of the goods is essentially attributable to its geographical origin.

Such indication may be constituted by any denomination, expression, or sign indicating that a product or service originates in a country or a region, or a specific place. For as “Padmas Ilish” is a GI of Padma river in Bangladesh.

Especially the fish grow up the following river and it is famous as a Padmas Ilish. Though the same type of fish we caught from the sea of the Bay of Bengal is not Padmas Ilish. A geographical indication is an intellectual property of a country or place.

It has been protected by many laws and conventions in the international arena. In the year 2013, the Government of Bangladesh enact an act called the Geographical Indication of Goods (Registration and Protection) Act, 2013.

Protection of Geographical Indication of Goods in Bangladesh

The Government of Bangladesh realizes the necessity of the GI’s act many years later. Under the Geographical Indication of Goods Act, 2013 and Section 06 states that the protection of geographical indication of goods.

A geographical indication of goods and its definite territory, region or locality, as the case may be, irrespective of whether or not registered under this act, shall be protected against another geographical indication which, although literally true as to the country, territory, region or locality in which the goods originate in another country, territory, region or locality.

Under sub-section 2 of this act, the registrar shall, for the purpose of registration of geographical indication of goods, classify the goods in accordance with the international classification of goods.

Any question as to the class of goods or the country, territory, region, area, or locality in which the goods originate, shall be determined by the registrar whose decision in the matter shall be final.

under sub-section 3. In this section the important role is for the purpose of this act the Geographical Indication Unit shall keep and maintain a list of geographical indications of goods.

Section 6 clearly states the protection of geographical indication of Bangladesh. Without this Act, the WIPO has also more provisions about the protection of GI internationally.

Registration and refusal application of GI of Goods

Before enacting the Law, there was no registration process of GI. Now the Geographical Indication of Goods Act, 2013 and Section 9 provide how to do the application for the GI of goods.

Under this Section, any association, institution, government body, or authority, which is established or registered under existing laws and representing the interest of persons producing a geographical indication of goods, may apply in writing to the registrar in the prescribed form and manner along with the payment of prescribed fees for registration of geographical indication of goods.

When such person or a group of persons claiming to be the producer, exploiter, manufacturer, or processor of the GI of goods then they can apply for registering him or them as an authorized user of such GI’s goods under section 10.

To complete the registration registrar must publish the application by notification in the prescribed manner if he is satisfied that the application has fulfilled all the requirements under section 12 of this code.

When it appears to the registrar that the application has been entertained erroneously or in separate name and title, or in the relevant circumstances the geographical indication does not require to be registered, the registrar may refuse to entertain the application for registration after giving adequate opportunity to the applicant of being heard under section 11.

So in short we see that the registration process of a geographical indication is too easy in this act. Without due process, no one can registration of geographical indication of goods.

International protection of GI

After the national law if we protect the geographical indication of goods must be licensed by the WIPO. World Intellectual Property Organization is a global forum to protect intellectual property internationally which was established in 1967.

Paris Convention for the protection of Industrial Property is a treaty administered by the WIPO. On the date of November 29, 1990, the Government of Bangladesh accessed the convention. Under Article 28(2) of the convention, Bangladesh is a ratified member of this convention.

If any dispute between such country and any other country of the Union the ICJ will settle it. The WIPO has also a standing committee that discusses with the member states about policy and legal issues relating to the international development of law and standards for GIs and appellations of origin.

From time to time the WIPO organized the meetings and symposiums all with the member states. Without the Paris convention, the WIPO has more laws and treaties names as Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, Madrid Agreement, Protocol Relating to the Madrid Agreement, Lisbon Agreement, Overview of the TRIPS Agreement on the WTO website.

Conclusion

Bangladesh has more GI goods that were recognized by the world. Due to the famous of some GI’s products more country trying to get as their GI’s which origin was Bangladesh. Like As, Jamdani Saree.

India claims that Jamdani is their GI’s which actually Bangladeshi indigenous famous cloth. After enacting the Geographical Indication of Goods Act, 2013 has been recognized as a geographical indication of Bangladesh in 2016. So that we find that the following act was very urgent for our GI’s property and now it’s done.

Shipta Barua
Shipta Baruahttps://legalhome.org
Shipta Barua has been Completed LL.B(Hon's) from Cox's Bazar International University and completed LL.M in Human Rights at Southern University Bangladesh. Writing and discussion about the critical and important topics of law in his choice. For primary Legal support and enrich to the general people legal knowledge he working in the Legal Home.

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