Brief Tour Report on Protection of Geographical Indications (GIs) in the South Asian Region

Program on the protection of GIs in South Asia, organized by USPTO’s South Asia Office with Global Intellectual Property Academy (GIPA) in cooperation with Sri Lanka, took place from September 4 to September 6, 2024. Two Examiners of TM, GI & Copyright from O/o CGPDTM participated in the program.

The objective was to understand GI protection practices of the South Asian region and the U.S. system, explore enforcement challenges and solutions, and enhance examination expertise.

The representative from USPTO presented on the U.S. system for protecting GIs, covering collective and certification marks, examination, opposition, appeals, and renewals. It also discussed the U. S. system of enforcement, focusing on protecting quality and enforcing rights through collective and certification marks.

India, Pakistan, and Bangladesh, having sui generis protection for GIs, were invited to give a presentation.

• India discussed the legal framework for the protection of GIs, focusing on the GI concept, registration process, examination, evaluation by an expert committee, publication, refusal, withdrawal, opposition, hearings, issuance of registration certificates, procedures for registering authorized users and foreign GIs, as well as the validity, renewal, and benefits of registration.
• Pakistan's representation highlighted key features of the GIs (Registration and Protection) Act, 2020, focusing on the federal government's role, the registrant body, the certification body, and the authorized user registration process.
• Bangladesh's presentation covered various registered GIs and the GI registration process, focusing on application submission, examination, objections, journal publication, opposition, certification, appeals, renewal, and authorized user registration.

Other participants like Sri Lanka and Maldives shared their perspectives on implementing GI protection in their respective countries. Sri Lanka mentioned that it is currently in the process of adopting GI protection law, which is at the draft stage. It also highlighted its success in protecting many GIs internationally. Similarly, Maldives, which also lacks a specific GI law, expressed the need to understand the registration process, enforcement, and benefits from countries with existing legislation.

A session on the agricultural implications of GIs covered discussions on generic, compound, and traditional terms, focusing on preserving common names and generic terms. The session also highlighted Sri Lanka's tea varieties, promotion strategies, and international registrations. Another session addressed Sri Lanka's efforts to protect Ceylon cinnamon, its distinctive characteristics, and certification challenges, followed by an interactive discussion on the challenges faced by producers, growers, and farmers.

Way Forward:

The officials found the meeting beneficial, particularly for gaining insights into international GI protection frameworks and enforcement mechanisms, and suggested further collaboration and knowledge sharing to strengthen GI protection in India and other South Asian countries.