"Lucknow Zardozi" gets GI (Geographical Indication) registration

April 29, 2013

Zar
The Geographical Indication Registry (GIR) has accorded the Geographical Indication (GI) registration to the Lucknow Zardozi – the world renowned textile embroidery.
Registered under the brand of ‘Lucknow Zardozi’, the registration has been secured by Kalatmak Handicrafts Self Help Group Foundation, Lucknow.
The Zardozi products manufactured in areas in Lucknow and six surrounding districts of Barabanki, Unnao, Sitapur, Rae Bareli, Hardoi and Amethi have now become a BRAND and will carry a registered logo to confirm their authenticity. This official recognition will now assist the several stakeholders in product differentiation, checking imitation and deducing more economic benefit from its trade. With GI registration, the craft has gained a global recognition.

Lucknow now has the distinction of 3 GI brands viz. “Chikankari“, “Zardozi” and “Dussehri mango“.

Zardozi

“Zardozi” or “Zar-douzi”
Type of embroidery in Iran, India and Pakistan.
‘Zardozi’ is a Persian word that means “Sewing with gold string“.
Zardozi style of embroidery has been in existence in India from the time of the Rig Veda.
Zardozi style of embroidery flourished during the Mugal Emperor, Akbar
Loss of royal patronage and industrialization led to decline in this style.
Zardozi style is at present very popular in the Indian cities of Lucknow, Farrukhabad and Chennai.

Geographical Indications Registry

Geographical Indications Registry is responsible for the administration of laws relating to Geographical Indication of Goods (Registration and Protection) Act, 1999. Geographical Indications of Goods are defined as that aspect of industrial property which refer to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product. Typically, such a name conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country.

Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs.
They are also covered under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations.
India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection)Act, 1999 has come into force with effect from 15th September 2003.

What is a Geographical Indication?

It is an indication
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

Jurisdiction:

A Geographical Indications Registry with all India jurisdiction operates in Chennai, as per the Geographical Indication of Goods (Registration and Protection) Act 1999.
Under the Act, agricultural, natural or manufactured goods originating or manufactured in the territory of a 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 cases where such goods are manufactured goods, one of the activities of either production or of processing or preparation of the goods concerned takes place in such territory, region or locality, are registrable as Geographical Indications. Whether a particular product is registrable or not is determined by the Registrar of Geographical Indications, on receipt of the application.

Benefits of Geographical Indication

It confers legal protection to Geographical Indications in India
Prevents unauthorised use of a Registered Geographical Indication by others
It provides legal protection to Indian Geographical Indications which in turn boost exports.
It promotes economic prosperity of producers of goods produced in a geographical territory.

Who can apply for the registration of a geographical indication?

Any association of persons, producers, organisation or authority established by or under the law can apply:
The applicant must represent the interest of the producers
The application should be in writing in the prescribed form
The application should be addressed to the Registrar of Geographical Indications alongwith prescribed fee.

Registered proprietor

Any association of persons, producers, organisation or authority established by or under the law can be a registered proprietor.
Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for.

Authorised user

A producer of goods can apply for registration as an authorised user
It must be in respect of a registered geographical indication
He should apply in writing in the prescribed form along with prescribed fee
An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered.

Who is a producer in relation to a Geographical Indication?
The persons dealing with three categories of goods are covered under the term Producer:

Agricultural Goods includes the production, processing, trading or dealing
Natural Goods includes exploiting, trading or dealing
Handicrafts or Industrial goods includes making, manufacturing, trading or dealing.

How long the registration of Geographical Indication is valid?

The registration of a geographical indication is valid for a period of 10 years

Can a Geographical Indication be renewed?

It can be renewed from time to time for further period of 10 years each.

What is the effect if a Geographical Indication if it is not renewed?

If a registered geographical indication is not renewed it is liable to be removed from the register.

Infringement of the registered Geographical Indication
In following conditions, the GI is deemed to be infringed:

When an unauthorised user uses a geographical indication that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which mislead the public as to the geographical origin of such goods.
When the use of geographical indication result in an unfair competition including passing off in respect of registered geographical indication.
When the use of another geographical indication results in false representation to the public that goods originate in a territory in respect of which a registered geographical indication relates.

Infringement action

The registered proprietor or authorised users of a registered geographical indication can initiate an infringement action.

Can a registered geographical indication be assigned, transmitted, etc?

No. A geographical indication is a public property belonging to the producers of the concerned goods.
It shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement
However, when an authorised user dies, his right devolves on his successor in title.

Can a registered geographical indication or a registered authorised user be removed from the register?

Yes. The Appellate Board or the Registrar of Geographical Indications has the power to remove the geographical indication or an authorised user from the register. Further, on application by an aggrieved person action can be taken.

How a geographical indication is different from a trade mark?

A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises. Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.

Some products with GI Tag (List includes products from 2003-2008)
Tea: