the Controller General of Patents, Designs and Trade Marks is the Registrar of GI under the Act. GI in relation to goods means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and, in case where such goods are manufactured goods, one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality.

Any association of persons, or producers or any organization or authority, established by or under the law, representing interest of producers of concerned goods can apply to the Registrar for the registration of GI. The registration of a GI is for a period of ten (10) years but may be renewed from time to time for ten (10) years. Any person may, after advertisement or re-advertisement of an application, file a notice of opposition. Any aggrieved person may seek rectification of the Register or cancellation of the registration.

The rights holder may initiate infringement and/or passing off proceedings against an infringer, however, infringement proceedings can be initiated if the geographical indication is registered. Reliefs in the case of infringement and/or of passing off include injunction, and at the option of the registrant either damages or accounts of profits and, delivery-up. Falsifying or falsely applying GI to goods and/or selling goods on which false geographical indication has been applied are offences punishable with imprisonment of not less than six months but which may extend to three (3) years and with fine which shall not be less than fifty thousand rupees (INR 50,000) but which may extend upto two lac rupees (INR 200,000).

Semiconductors Integrated Circuits and Layout-Designs

Semiconductor integrated circuits and layout designs are protected by the Semiconductor Integrated Circuits Layout-Design Act, 2000 along with the Semiconductor Integrated Circuits Layout-Design Rules, 2001 and the Registry is located at Delhi. Term of protection is ten (10) years from the date of filing an application for registration or from the date of first commercial exploitation anywhere in any country whichever is earlier. The registered proprietor of the layout-design has an exclusive right to use the layout-design and obtain relief in respect of any infringement, which is considered to be a criminal offence. Any person who infringes the rights of a registered proprietor is punishable with imprisonment for a term that may extend to three (3) years or with fine which shall not be less than fifty thousand rupees (INR 50,000) but which may extend to ten lac rupees (INR 1,000,000) or with both.

Plant Varieties and Farmers’ Rights

Plant Varieties and Farmers’ Rights are protected under the Protection of  Plant Varieties and Farmers’ Rights Act, 2001 (the Act) and the Protection of Plant Varieties and Farmers’ Rights Rules, 2003. The Plant Varieties Registry is located at Delhi. A new variety may be registered under the Act if it is novel, distinctive, uniform and stable.The certificate of registration shall be valid for nine (9) years in the case of trees and vines; and six (6) years in the case of other crops. The term may further be reviewed and renewed such that the total period of validity shall not exceed eighteen (18) years from the date of registration of the variety in the case of trees and vines and fifteen (15) years in other cases. In the case of extant varieties, the duration of protection shall not exceed fifteen (15) years from the date of the notification of that variety by the Central Government under the Seeds Act, 1966.

Any person may upon the advertisement of an application for registration give notice of opposition to the Registrar on the following grounds:

the person opposing the application is entitled to the breeder’s right as against the applicant;

the variety is not registrable under this Act;

the grant of certificate of registration may not be in public interest;

the variety may have adverse effect on the environment.

A person interested may seek revocation of the protection granted on various grounds envisaged in the Act.

Trade Secrets

There is no specific legislation in India which protects trade secrets. Practical difficulties arise in protecting them on account of their nature. Principles from common law and the law of contract govern the scope of protection and provide for remedies in case of any misuse. Usually, the terms of contracts of service and/or for service confer recognition to proprietary information and incorporate provisions which govern the rights and liabilities of parties. A wrong may be actioned for breach of trust, theft and criminal breach of trust envisaged in the Indian Penal Code and under the law of contract. Remedies generally available are injunction, damages, delivery-up, imprisonment and/or fine.