‘collective community rights’ or ‘private monopoly rights’ ? - GI tag on ‘Tirupathi Laddu’ oppugns the legislative intent of the statute
Section 9(d) says - A Geographical Indication which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India shall not be registered Section 9(a) says - A Geographical Indication the use of would be likely to deceive or cause confusion shall not be registered as a geographical indication. Grant of GI tag on "Tirupathi laddu" is also violative of Section 11 (1) of the Act read with Rules 32(5) and 32(6)(a)&(f), since GIs are supposed to be collective community rights protecting a group of producers. Section 11(1) of Geographical Indication of Goods Act, 1999 says - Any association of persons or producers or any organisation or authority established by or under law for the time being in force representing the interest of the producers of the concerned goods, who are desirous of registering a geographical indication in relation to such goods shall apply in writing to the Registrar in such form and in such manner and accompanied by such fees as may be prescribed for the registration of the geographical indication. Rule 32(5) of the Geographical Indication of Goods Rules, 2002 says - Every application for the registration of a geographical indication shall be made in the prescribed forms and shall contain a statement containing such particulars of the producers of the concerned goods proposed to be initially registered. The statement may contain such other particulars of the producers mentioned in Section 11(2)(f) including a collective reference to all the producers of the goods in respect of which the application is made.Pages: 1 [2] 3 4
Tirex comment`s:
At one site I have seen almost the same note, never mind
14.05.2010
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