Category Archives: Geographical Indication

Copyright Design Geographical Indication Others Patent Trademark

COVID-19: How Best Can the Indian IP Office Help its Stakeholders? [Updated]


In these unprecedented times where a pandemic has brought the globe to a standstill, the top-most concern of IP owners (of course, other than to save themselves from COVID-19) would be about meeting deadlines in IP prosecution. This is because, deadlines in IP prosecution are often hard deadlines, and if extendable, involve a fee – sometimes these require the filing of signed/ notarised/ stamped documents. This concern is equally and anxiously shared by IP lawyers who assist IP owners around…


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Geographical Indication

A Private Entity Seeks GI Protection for Chinnor Rice: Does it have the Locus Standi?


We’re pleased to bring to you a guest post by Pragati Agarwal questioning the locus standi of a private entity seeking GI protection for Chinnor rice. Pragati is a 5th year student at Symbiosis Law School, Noida. A Private Entity Seeks GI Protection for Chinnor Rice: Does it have the Locus Standi? Pragati Agrawal As an aspiring lawyer, I have a great deal of interest in Geographical Indications (GI) as an area of intellectual property. After going through the online…


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Geographical Indication

Should India Join the Geneva Act of the Lisbon Agreement, 2015?


WIPO’s Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (“the Geneva Act”) was adopted on May 20, 2015. On February 26, the Geneva Act officially entered into force after the European Union acceded to the same. Currently, the Geneva Act is effective in 31 countries (Albania, Cambodia, North Korea, Samoa and 27 EU member countries). How is the Geneva Act different from the Lisbon Agreement? The enactment of the Geneva Act was a result of…


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Copyright Design Geographical Indication Traditional Knowledge

Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You?


We’re pleased to bring to you an interesting guest post by Dr. Sunanda Bharti on IP protection of kathputlis and other puppets. Sunanda is an Assistant Professor in Law at Delhi University. She has written several guest posts for us in the past as well, which can be viewed here, here, here and here. Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You? Dr. Sunanda Bharti Introduction The art of making kathputli was given life by the Bhaat…


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Geographical Indication Trademark

An Indian Perspective on Singapore HC’s Decision in ‘Isetan Tartan’ Trade Mark Dispute


This post analyses the recent decision of the Singapore High Court in Scotch Whisky Association v. Isetan Mitsukoshi Ltd., that involved the trade mark ‘Isetan Tartan’ owned by the Japanese department store chain, Isetan. A tartan is a cross-checked repeating pattern of different coloured bands, stripes, or lines of definite width and sequence, woven into woolen cloth. While tartan patterns have existed for centuries in many cultures, there is recorded evidence that are regarded as “peculiarly Scottish”. Many Scotch Whisky…


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Geographical Indication

SpicyIP Fellowship 2019-20: DPIIT’s Draft Guidelines on Geographical Indications Logo and Tagline: Issues and Challenges


We’re pleased to bring to you a guest post by our fellowship applicant, Akanshha Agrawal on the Draft Guidelines on Geographical Indications Logo and Tagline released by DPIIT in June this year. Akanshha is a 3rd year student at National Law University, Delhi. This is her second submission for the Fellowship. Part I of her first submission can be viewed here.     DPIIT’s Draft Guidelines on Geographical Indications Logo and Tagline: Issues and Challenges Akanshha Agrawal In India, Geographical…


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Geographical Indication

Banglar Rasogolla v. Odisha Rasagola: Deciphering the Real Win


We’re pleased to bring to you an interesting guest post by Jupi Gogoi on the ongoing dispute between West Bengal and Orissa over the GI tag for rasgulla, which we’ve covered on the blog earlier here, here and here. Jupi is an Assistant Professor at the Faculty of Law, University of Delhi. She was formerly associated with the Indian Law Institute, Delhi. Jupi has guest blogged for us in the past as well (see here).     Banglar Rasogolla v….


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Geographical Indication

Happy Feet and Not-so-Happy Hands: Meaning of GI for Kolhapuri Chappals


We’re pleased to bring to you a guest post by Dr. Sunanda Bharti on the GI tag for Kolhapuri chappals. Dr. Sunanda is an Assistant Professor in Law at Delhi University. She has written two guest posts for us in the past as well, which can be viewed here, here and here. Happy Feet and Not-so-Happy Hands: Meaning of GI for Kolhapuri chappals Dr. Sunanda Bharati Introduction Though GI in favour of Kolhapuri was registered in December 2018 itself, the news…


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Geographical Indication

Issues Pertaining to Geographical Indications in the Tobacco Plain Packaging Case before the WTO (Part II)


In Part I of this post, I had discussed the Panel’s findings on Article 22(b) of TRIPS in the Tobacco Plain Packaging case. In Part II, I will examine the second GI issue, on detriment to pre-existing rights in geographical indications. Article 24.3: Pre-Existing Rights in GIs Prior to the coming into force of TRIPS, different jurisdictions protected geographical indications in different ways. While in some jurisdictions GIs were protected under trademark law, others relied on common law doctrines to…


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Geographical Indication

Issues Pertaining to Geographical Indications in the Tobacco Plain Packaging Case before the WTO (Part I)


Recently, I had the opportunity to work on the Panel Report in the Tobacco Plain Packaging case at the WTO. It brought forth several interesting questions on the intersection between health, policy-making, trade and intellectual property rights. It also places TRIPS obligations relating to trademark and GIs under the scanner, with question marks raised over whether the interpretation given by the Panel supports a good faith interpretation of the treaty. While much has been written about the issues pertaining to…


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