“Amended rule “56” & Reduced application fee to boost Authorized Users”
by Jnana Teja Bandi Chair on IPR, CIPRA- NLSIU (email@example.com)
On 28th August 2020, Geographical Indications of Goods (Registration and Protection) Amendment rules, 2020 have been notified by the Ministry of Commerce and Industries. As per the amended rules: application for the authorized user registration under a registered Geographical Indications can be” made by the Producer in Form GI-3”, which shall be accompanied by the statement of the case to establish how the applicant claims to be the producer of that particular registered Geographical Indications. Whereas previous rule states that “Application for the Authorized user “shall be made jointly by the registered proprietor and the proposed authorized user in Form GI-3”.
Application fee Under New Rules:
Under Amended Rules Fee for Application as Authorized User under Form GI -3A is reduced to Rs. 10 from 500 Rs.
Fee for renewal of Authorized User is also reduced to Rs. 10 from 1000 Rs.
Impact of the Amended Rules:
With this New Amendment to Rule 56 of Geographical Indications, we can expect an increase in the authorized user registrations for Geographical Indications, and Time also will be saved by the Authorized users as previously they need to wait for No objections from the Registered Proprietor to receive authorized User certificate.
As per the new amendment Producer can approach GI registry directly by submitting the appropriate form with a statement of case to obtain Authorized user certificate. With decrease in the Fee, we can expect more authorized user registrations by the Producers.
Impact of Increase number of Authorized Users:
As per the Section 21 (1) (b) of The Geographical Indications of Goods (Registration & Protection) Act,1999. “the authorized user is having exclusive right to the use of the geographical indications”. With the increase in the number of authorized users there can be monitoring mechanism to check the Infringement of Geographical Indications by the Unauthorized users of that Particular Geographical Indication good.