Department for Promotion of Industry and Internal Trade) vide notification dated the 2nd January, 2024 the Geographical Indications of Goods (Registration and Protection) (2nd Amendment) Rules, 2023. This amendment aims to strengthen the legal framework for the registration and protection of GIs, which are vital in recognizing the unique identity of products originating from specific geographical regions and embodying traditional knowledge and skills.
Electronic Communication and Adjudication Process
A significant change is the mandate that all communications in Chapter VII-A are to be considered as communicated electronically, primarily through text messages or emails. This modernizes the process and aligns it with current technological practices.
Adjudication of Certain Penalties
The amendment introduces a structured procedure for filing complaints (Form GI-11) and the appointment of Adjudicating Officers. This framework enhances the transparency and efficiency of the adjudication process. The officers are vested with powers akin to those of a civil court, including enforcing the attendance of witnesses and compelling the production of documents.
Summary Proceedings
The amendment outlines a clear process for handling complaints, from the issuance of notices to alleged violators to the written submissions by the opposite party. The detailed procedure ensures a fair and comprehensive examination of each case, adhering to principles of natural justice.
Quantum of Compensation
In adjudging the quantum of compensation, the amendment mandates consideration of factors like the gain from the unfair advantage, loss caused due to the default, and the repetitive nature of the default. This approach aims at ensuring equitable justice and deterrence against violations.
Appeal Process
The amendment provides a comprehensive appeal process, including the registration of appeals, disposal by the appellate authority, and the detailed procedure in appeal. It sets deadlines for filing appeals and responding to notices, ensuring a timely resolution of disputes.
