TRANSFORMING THE WAY YOU DO IP

PROGRAMME FOR MANAGERS & DIRECTORS OF COTTAGE INDUSTRIES, MEGHALAYA

NIMSME – 19TH OCTOBER 2016

RAVI SSENIOR ASSOCIATE

RIGHTS & MARKS, HYDERABAD

GEOGRAPHICAL INDICATIONS – SCENARIO IN INDIA & WORLDWIDE PERSPECTIVE & TRADE

SECRETS – PROTECTION AS IPR

INTRODUCTION

* Rights & Marks established in the year 1998 is a Leading Intellectual Property Law Firm based in Chennai and having branches at

* Bangalore - M. G. Road * Mumbai - Andheri * Hyderabad - Banjara Hills * Coimbatore - R.S Puram * London - Hatton Garden * Dubai - The Iridium Building, Al Barsha * USA – San Francisco

* Serving more than 10,000 clients.* Since 2004 we are in Hyderabad and offering services to 4000 companies.

FOUNDER

Mrs. S.Balajanaki M.A., M.L., L.L.M., * She enrolled at the Madras Bar Council in 1986-87* She qualified her self as Solicitor of England & Wales and was admitted to Law

Society of England on 15th Oct, 2007. * She is an IP Valuator, Certified by International Trademarks Association.

INTELLECTUAL PROPERTY SERVICES

* TRADEMARKS & SERVICE MARKS

* COPYRIGHT

* GI MARK - GEOGRAPHICAL INDICATION

* PATENT

* INDUSTRIAL DESIGN

• A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place.

• In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.

GEOGRAPHICAL INDICATIONS

GEOGRAPHICAL INDICATIONS

• It originates from a definite geographical territory.

• It is used to identify agricultural, natural or manufactured goods

• The manufactured goods should be produced or processed or prepared in that territory.

• It should have a special quality or reputation or other characteristics

GEOGRAPHICAL INDICATION (GI)

A recognition for products with traditional & cultural value Products with long & strong bondage with the place Typical Examples :- Nagpur – Orange, Banaras – Silk, Assam – Tea Governed by Indian GI Act 1999 GI’s can be Agri products, Specialty Foods, handlooms/ Handicrafts

etc.

NORTH EAST OF INDIA & MEGHALAYA – A TREASURE TROVE

North Eastern states – Unique cultural & heritage values

Immense potential for growth by traditional industries, agriculture

Khasi Mandarins ( Best known GI from Meghalaya), Assam Tezpur Litchi,Tripura Queen pineapple, Nagaland Tree Tomato, Shaphee

• Lanphee of Manipur etc

INDIA & AGRI & AGRO BASED GI PRODUCTSIndia - A traditional Agricultural nation with more than 5000 years of agrarian tradition

Few Famous Indian Agricultural GI's are:Basmati RiceDarjeeling TeaNagpur Oranges Guavas from Allahabad (Surkha),Navara rice from Palakkad,Alphonso mangoes from Ratnagiri & Devgad

Processed Agri & food products:Bikaneri BhujiaHyderabad Haleem

Nearly one fourth registered GI's in India represent Agricultural & Agro based products (49 out of 194)

GI is used as a tool to protect usurpation by other producers away from the GI territory:

• 'Basmati Rice', 'Darjeeling tea‘ are popular GI's in India with huge international markets

• 'Darjeeling tea' is a PGI in Europe

Other Agri products which have shown increase in market potential after GI registration:• Navara rice• Kalanamak rice• Bikaneri Bhujia• Hyderabad Haleem• Many products from North East including Meghalaya

VARYING USAGE OF GI CERTIFICATION IN INDIA IN AGRICULTURAL SECTOR

Navara RIce

THE POSSIBLE FUTURE LIST OF AGRI GI'S FROM INDIA• Chikkis from Lonavala & Kovilpatti• The peanut bars have good shelf life & easily

packaged and highly popular & give good instant energy & good to taste

• Gulbarga Red Gram• Highly popular Pigeonpea which is grown in

pulse bowl region of India

• Sharbati wheat • The most popular Wheat in India

• Garlic Chives (Jyllang) from Meghalaya, Sohiong (Meghalaya Cherries)Sohiong Wine,Sohplang fruit etc

PLAN ENVISAGED FOR GI PRODUCTS

Establishing GI product cluster to foster business

Development of Code of Practice (CoP) for clusters with full details on process and procedure about usage of GI, defining roles & responsibilities for each player in the Supply chain & also a road map for establishing the GI products as self sustainable entities

Popularizing GI's with the help of Authorised users using outreach activities & toolsInterventions after GI registration :• Creation of new and innovative product variants• Networking and linking of registered agri-Gis• Focused marketing strategy such as GI expo, GI stall, GI

store etc.

GI’S IN OTHER SECTORS• Handlooms ( Kancheepuram, Banaras, Muga Silk, Maheshwar sarees, Rajkot Patola etc).

• Handicrafts ( Nachiarkovil Lamps, Thanjavur Plates, Aranmula Mirrors, Jaipur Blue Pottery etc).

• No. Of GI applications from Countries abroad (incl. Wines/ spirits/Cheese etc).

• Many products from North East & Meghalaya especially have immense potential of becoming GI products

ROLES OF INSTITUTIONS, NGO'S & GOVERNMENT

• Promoting GI products in official programs and meetings

• Expanding the GI horizon from National to International levels. (eg: seeking PGI status)

• Seeking more collaboration at International levels

• Bi-lateral & Multi lateral agreements to provide mutual sops for GI products between countries

• Adopting pro-GI policies, tax exemptions, free trade etc.

PERSPECTIVE OF COTTAGE INDUSTRIES IN MEGHALAYA & HANDLOOMS

• Sericulture & weaving – Silk Industry

• Ri Bhoi District – Eri Culture is practised as traditional handloom by poorer section of rural women

• Finest variety of Eri Silk

• Bamboo & Cane Furniture – Special & Unique to Meghalaya

THE 'INDIAN LINK' IN FRENCH GOURMET'S LIST

• Le Petit Pâté de Pézenas - The Sweet & savoury French delicacy with Indian Origin

• The British General Robert Clive (1725 - 1774) established the English rule in India

• He spent few months in Pezanas (near Montpiller) in Southern France• His cooks made Indian 'Kheema naan' a meat based delicacy and offered to the

guests in Pezanas. They gave the recipe too.

• Now Le Petit Pâté de Pézenas is a popular traditional food product in Pezanas in France

• The Indian Connection in French cuisine !• http://www.youtube.com/watch?v=8gysmBH_9tw (Michel Roux Jnr)

•

INDIA (AGRI & AGRO) BASED GI PRODUCTS

India - A traditional Agricultural nation with more than 5000 years of agrarian tradition

Few Famous Indian Agricultural GI's are:• Basmati Rice• Darjeeling Tea• Nagpur Oranges • Guavas from Allahabad (Surkha),• Navara rice from Palakkad,• Alphonso mangoes from Ratnagiri & Devgad

Processed Agri & food products:• Bikaneri Bhujia• Hyderabad Haleem

Nearly one fourth registered GI's in India represent Agricultural & Agro based products (49 out of 194)

• Enormous Economic potential• India’s first ever meat product to be granted GI status • Relish it during “Ramzan” in Hyderabad

HYDERABAD HALEEM The Season’s GI

FEW GRANTED GI’s IN INDIA

GADWAL SAREES CHERIYAL PAINTINGS

FEW GI’s ACROSS THE WORLD

Tequila (Mexico) Port Wine(Portugal) Champagne (France)

To Conclude• Indian GI system having completed one Full decade and is all set to enter the Phase II

• The GI products must be enabled to enhance wider marketability into newer markets thereby improving livelihood of the producer groups

• Stronger Post GI intervention plans are chalked out to UNLEASH the potential of the traditional Agri & Agro based products from India with GI tag

• Meghalaya’s traditional products can unleash their economic potential

• Why Trade Secrets ? • Perpetuity is the most important

feature. Unlike Patents etc, which have limited life period / span

• Best Known Trade Secrets ..• Some Good practices ( like

Covenants, Non Disclosure agreements) etc

• No Legislation in India to safeguard Trade secrets as in US

TRADE SECRETS

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WORLD LEADERS INTERNATIONAL IP AWARDS 2008

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