About Geographical Indications

A Geographical Indications is a sign used in relation to products that have specific geographical origin and possess qualities and reputation essentially due to natural and human factors in place of origin. These may be agricultural, traditional, or industrial products of a specific area.

 

Relevant Laws and Rules

 

Geographical Indication system of Pakistan consists of Geographical Indications (Registration & Protection) Act, 2020, and its subsequent rules, Geographical Indications (Registration & Protection) Rules, 2020:

  1. Geographical Indications (Registration & Protection) Act, 2020
  2. Geographical Indications (Registration & Protection) Rules, 2020

According to the GI Act and Rules the following four bodies play a vital role in the GI registration and protection system of Pakistan. 

  1. State: The state of Pakistan (Federal Government) is the ultimate owner of all GIs in the country. In other words, the ownership of GI lies with the Federal Government.
  2. Registrant: The Federal Government shall appoint any public body to be Registrant of a GI product. The Registrant will be the custodian on behalf of the Federal Government. Its responsibility is to prepare Book of Specification in consultation with stakeholders, get it registered with IPO-Pakistan, apply in the foreign countries for registration, recommend Authorized Users for registration with IPO-Pakistan and ensure enforcement of GI at national and international levels.
  3. Authorized Users: The Authorized Users are producers, processers, traders, exporters and other players in the supply chain of a GI product. They can get registered with IPO-Pakistan on the recommendation of Registrant which will enable them to use GI logo of Pakistan on their products, following SOPs given in the concerned Book of Specification.
  4. Certification Body: The concerned Division of Federal Government (currently Commerce Division) can notify the certification body for each registered GI of Pakistan under section 13 (1) of the GI Act, 2020. The role of the certification body is to certify compliance of products to the concerned Book of Specifications for the purpose of trade and export.

 

Registration Process of a GI in Pakistan

 

The GI Act, 2020 and its rules define the registration process of a GI product as follows:

  1. At the first step, the registration of GI product takes place. The registrant body will bring a filed-in form GI-01, along with the Book of Specification, and the notification of the Federal Government to the GI Registry of IPO-Pakistan and submit it to the Registrar GI. There is neither a fee for registrant, nor is there any opposition process against the registrant. The Registrar of GI will examine the application and upon finding it appropriate, will register it.
  2. At the second step, the process for registration of Authorized Users takes place. The Authorized Users make a request to registrant for an assent. The registrant body will in response share the Book of Specification (BoS) with the applicant. The applicant will ensure that his product is in accordance with the BoS and will submit an affidavit of compliance to the Registrant. Once the affidavit is submitted, the registrant will issue a written assent to the applicant. The applicant will then submit his application of authorized user on GI-01 form to the registrar of GI along with the registrant’s assent, and official fee of Rs. 1000/. The registrar of GI will examine the application and will publish it in the GI Journal for invitation of opposition. If no opposition is received within two months of publication, the registrar will issue the certificate of Authorized User to the applicant.

 

Registration of Foreign Geographical Indications in Pakistan

 

A geographical indication of foreign country shall be registered in the Islamic Republic of Pakistan as logo as it is registered in accordance with the local legislation in its country of origin. The title and date of legislative or administrative provisions or of judicial decisions regarding protection to the geographical indication in the country of origin shall be considered for accepting foreign GI application.

 

Registration of Pakistani Geographical Indications in the Foreign Countries

 

The registrant is the custodian of the registered GI product and is responsible to file an application of GI registration in foreign countries. The process of GI registration in a foreign country may vary according to their own GI systems. There are two ways to register a GI product in a foreign country. One way is to apply directly in the countries of interest, whereby multiple applications will have to be submitted Pakistan. Another way is to become a member of Lisbon Agreement (Geneva Act), 2015 under WIPO, and file a single application, which will then be forwarded to all the member countries by WIPO for registration of the GI product. Hence, a single application is filed by Pakistan.

Pakistan is in the process of signing the Lisbon Agreement (Geneva Act), 2015, and once it is signed, the application process in foreign countries will become easy, in both technical and financial terms.

 

Significance of Geographical Indications Registration

 

A geographical Indication is a product which signifies its qualities in relation to a specific area of origin. Hence, a product with a GI logo is an expression of a certain area and its people. It is a brand in itself, and it promotes not a single company or a business, rather is a product of a Country, displaying its specialty. In short, GI product is a brand name of a country.