Category Archives: Geographical Indication

Geographical Indication Trademark

Certification Trade Marks and GI versus ‘Regular’ Trade Marks: The Calcutta High Court Ruling in Tea Board v. ITC

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We’re pleased to bring to you a guest post by Eashan Ghosh on the recent decision of the Calcutta High Court in the GI and Certification TM infringement case filed by the Tea Board of India against ITC for use of ‘Darjeeling’ as part of the name of a refreshment lounge (‘Darjeeling Lounge’) in one of its hotels. Eashan has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual…


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Geographical Indication Trademark

Australia’s Big Win at the WTO: Plain Packaging of Tobacco Likely to Pick Up!

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In 2012, Australia was the first country to adopt plain packaging measures for tobacco products. Several countries such as France, Ireland, UK etc. followed suit and other countries such as India have initiated legislative processes for introduction of such measures. Plain packaging laws and measures generally impose requirements of removal of logos, minimal branding and colouring, and warning signs. These laws have attracted a lot of debate in recent times since opponents of these laws (mainly tobacco producers) claim that…


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Geographical Indication

GIs for Food Stuffs: IP or RecIPe?

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We are pleased to bring to you a guest post by Ms. Latha Nair. Latha is a partner with the IP boutique K&S Partners, a pioneering firm in the area of GI practice. In this brilliant post, she analyses the propriety of registering every regional food stuff as a geographical indication (GI). Here’s a ‘taste’ of her post: “Over the decades, every traditional regional recipe has travelled the length and breadth of the country, providing gustatory comfort to its natives…


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Geographical Indication

SpicyIP Fellowship 2018-19: Basmati Wars – Peril for Madhya Pradesh and GI Issue with Hybrids of Basmati

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We are pleased to bring to you a guest post by our Fellowship applicant, Rishabh Mohnot. Rishabh is a 3rd year student at National University of Juridical Sciences (NUJS), Kolkata. This is his first submission for the Fellowship. Rishabh had also written a post for us last year during his internship. Basmati Wars: Peril for Madhya Pradesh and GI Issue with Hybrids of Basmati Rishabh Mohnot On March 15, 2018, the Geographical Indications (GI) Registry passed an order rejecting Madhya…


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Copyright Geographical Indication Overlaps in IP

People Tree v. Dior: IP Infringement, Cultural Appropriation or Both?

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Last week, Indian media was abuzz with the news of High Fashion brand, Christian Dior having allegedly plagiarised certain designs from a small, Indian art collective and store known as ‘People Tree’. According to reports – which carried allegations raised by the collective – Dior’s Cruise 2018 collection contained a dress that contained exact reproductions of the Block Printing designs created, and sold by ‘People Tree’ in India. This would have gone wholly unnoticed if not for the January Issue…


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Geographical Indication

Why I Love My Rasogolla Without its GI Tag

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As a Bengali, I can testify that there are two food items that have always ruled my plate – fish cooked in mustard oil; and fresh, hot Rasogollas. While this could appear to be a generalization of sorts, I haven’t met many Bengalis in my life with palates that are incongruous with the above. So, last week, when news of the GI tag for ‘Rasogolla’ being granted to West Bengal, spread across the country, the topic of “Geographical Indications” came…


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Geographical Indication Trademark

SpicyIP Fellowship 2017-18: Legal Ownership of ‘Khadi’ amidst the KVIC/Fabindia Dispute

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We are pleased to bring to you another guest post by our Fellowship applicant Madhurima Gadre. Madhurima is a 4th year student at NLU, Jodhpur. This is her second submission for the Fellowship. Legal Ownership of ‘Khadi’ amidst the KVIC/Fabindia Dispute Madhurima Gadre The instances of fabric and apparel companies cashing in on Khadi’s reputation are not new. Read our previous post about a German company named Khadi Natureprodukte which registered the term ‘khadi’ in its trademark with the Office for…


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Geographical Indication Innovation Others Patent

SpicyIP Fellowship 2017-18: Where are the Women in IPR? Still a Long Way to Go

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  On the occasion of International Women’s Day, we are pleased to bring to you a guest post on gender and IP by our Fellowship applicant, Afreen Hashmi. This is her first submission for the Fellowship. Our earlier posts on this theme can be viewed here and here. Where are the Women in IPR? Still a Long Way to Go Afreen Hashmi James Watt invented steam engines, Alexander Graham Bell invented the telephone, the Wright Brothers invented aeroplane; whereas Thomas Edison…


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Biological Diversity Geographical Indication Plant Variety Protection Traditional Knowledge

Rice & IP: The ongoing Basmati imbroglio, the ‘Green Rice’ mystery & the IR8 celebrations

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Over the last year with the Monsanto-Nuziveedu dispute, India has witnessed one of its biggest IP disputes in the agricultural sector. The Basmati GI dispute also has huge implication but as I’m reminded, often, by several people, geographical indications (GI) do not qualify as IP. These disputes aside, we’ve also come across two other very interesting cases of green rice and IR8 celebrations. Basmati rice – When did geography become an issue? As we’ve written earlier on SpicyIP, there is…


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Geographical Indication

G.I. Joe of India’s Geographical Indications

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In this post, Balu Nair, our Spicy IP Fellowship applicant profiles the winner of the National Intellectual Property Award, 2016, Ganesh Hingmire and his contributions to the field of GIs. In an earlier post, Aparajita had raised the need for India to find a saviour to protect its Geographical Indications (“GI”). Ganesh Hingmire certainly seems to be answering this call with aplomb. According to a Times of India report, Mr. Hingmire has been chosen for the National Intellectual Property Award, 2016 for…


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