Geographical Indications (GI) Registration

Geographical Indication (GI) registration safeguards products with unique qualities originating from specific regions. It ensures consumers receive authentic and quality products while supporting local economies. This legal protection prevents misuse and fosters cultural heritage preservation, benefiting both producers and consumers within a designated geographic area.

The registration and protection of “Geographical Indications” (GI) in Bangladesh are governed by the Geographical Indication of Goods (Registration and Protection) Act, 2013 and the Geographical Indication of Goods (Registration and Protection) Rules, 2015. The Department of Patents, Designs and Trademarks (DPDT), under the Ministry of Industries, is the responsible authority for administering the GI system in Bangladesh.

Registering a GI helps protect the unique identity and quality of products originating from a specific geographical area, thereby benefiting producers and assuring consumers of authenticity.

The GI Registration Process in Bangladesh: A Step-by-Step Guide

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The following diagram outlines the general steps involved in registering a Geographical Indication in Bangladesh:

Here’s a detailed breakdown of each step:

Step 1: Application for GI Registration

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1. Who Can Apply:

   • Any association, institution, government body, or authority representing the interests of the producers of the goods for which GI registration is sought.
   • An individual applicant or their legal representative can also file the application, as per DPDT guidelines.

2. Application Form and Fees:

   • The application must be submitted using the prescribed form (e.g., GI Form-1 for a single class of goods, or GI Form-2 for multiple classes or convention country applications).

3. Summary of Key Documents Required:

   • Completed prescribed application form.
   • Detailed information about the product and its specific geographical origin, including a map of the area.
   • Evidence establishing the link between the goods, their quality, reputation, or other characteristics, and their geographical origin (including production methods and unique characteristics).
   • An affidavit on a non-judicial stamp.
   • If applying for a foreign GI based on a convention country registration, a certified copy of the home registration certificate.
   • Power of Attorney, if the application is filed through a representative.

4. Filing the Application:

   • The application and all supporting documents must be filed with the Registrar of the Geographical Indication Unit at the DPDT office in Dhaka.
   • Upon receipt, the DPDT will typically provide an application number and an acknowledgment receipt.

Step 2: Examination of the Application

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1. Formality and Substantive Examination:

   • The Registrar will examine the application to ensure it complies with the formal requirements stipulated in the GI Act, 2013 and GI Rules, 2015.
   • A substantive examination will be conducted to verify that the product meets the definition of a geographical indication – meaning it originates from a specific geographical territory, and its quality, reputation, or other characteristics are essentially attributable to that geographical origin.

2. Objections/Deficiencies:

   • If the Registrar finds any deficiencies or has objections, these will be communicated to the applicant.
   • The applicant will be given an opportunity to respond, provide clarifications, or amend the application within a specified timeframe. Failure to respond adequately may lead to the application being refused or considered abandoned.

Step 3: Publication of the Application

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1. Acceptance and Publication:
   • If the Registrar is satisfied that the application meets all legal requirements, it will be accepted and subsequently published in the official GI Journal.
   • The purpose of this publication is to allow any interested parties to view the application and raise objections to the registration, if they have grounds to do so.

Step 4: Opposition to Registration

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1. Opposition Period:

   • Any person can file a notice of opposition to the registration of the GI. This notice must be filed within two months from the date of publication of the application in the GI Journal.
   • The opposition must be filed in the prescribed manner and accompanied by the requisite fee.

2. Counter-Statement and Hearing:

   • The Registrar will serve a copy of the notice of opposition to the applicant.
   • The applicant must file a counter-statement within a specified period (e.g., typically one or two months, as prescribed in the Rules). Failure to do so may result in the application being deemed abandoned.
   • Both parties may be required to submit evidence to support their claims. A hearing may be conducted if deemed necessary by the Registrar.
   • Following these proceedings, the Registrar will make a decision on the opposition.

Step 5: Registration and Issuance of Certificate

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1. Registration:

   • If no opposition is filed within the stipulated two-month period, or if any opposition filed is disallowed by the Registrar, the Geographical Indication will be registered.
   • The GI will be entered into the Register of Geographical Indications maintained by the DPDT.

2. Certificate of Registration:

   • Upon registration, the Registrar will issue a Certificate of Registration to the applicant. The registration is valid from the date of filing the application.
   • The applicant will be required to pay the prescribed certificate fee before the certificate is issued.

Step 6: Term of Registration and Renewal

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1. Initial Term:

   • The registration of a Geographical Indication is for a period of five years from the date of registration.

2. Renewal:

   • The registration can be renewed for further periods of three years each.
   • An application for renewal must be made in the prescribed manner and accompanied by the prescribed renewal fee before the expiry of the current registration term.

Detailed Checklist of Documents for GI Application

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This is a general checklist of documents often required for a GI application in Bangladesh:

1. Application Form:
   • Completed GI Form-1 (for a single category of GI goods) or GI Form-2 (for different categories of GI goods or convention applications).
   • Typically, multiple copies are required (e.g., original three copies and additional five copies of particulars/statement of case, as per DPDT guidelines).
2. Product Samples: Five samples of the concerned GI goods (if applicable and feasible).
3. Fee Payment: Original Pay Order/Bank Draft for the prescribed application fee.
4. Statement of Case: A detailed statement related to the GI goods, outlining:
   • The name of the goods for which the GI is applicable.
   • The specific geographical area of production, including a map of this area.
   • The unique characteristics, quality, or reputation attributable to the geographical origin.
   • Details of the production method.
   • Information about the producers.
5. Evidence of Origin and Link: Documents establishing the link between the goods, their quality/reputation, and their geographical origin.
6. Producer Information: Detailed information about the manufacturers or producers of the GI goods.
7. Applicant’s Authority: If applying as an association or group, an authorisation letter or documents establishing the applicant’s representative capacity.
8. Standards and Controls: Documents related to “standard benchmarks,” manufacturing processes, quality control, and marketing of the GI goods.
9. Inspection and Prevention: Information on inspection availability and measures to prevent fraud or consumer confusion.
10. Affidavit: An affidavit on a non-judicial stamp of the prescribed value (e.g., BDT 300, verify current value).
11. Foreign GI (if applicable): Certified copy of the home registration certificate if the application is based on a convention country registration.
12. Power of Attorney: If an agent files the application, a duly executed Power of Attorney.
13. Other Documents: Any other documents or information as may be required by the Registrar or prescribed in the Act/Rules.

Registration of Authorised Users

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The GI Act, 2013, also contains provisions for the registration of “Authorised Users” of a registered GI. This allows individual producers who meet the standards set out in the GI registration to be officially recognised and to use the registered GI for their products. The process for registering as an authorised user involves a separate application, examination, and potential opposition, with its own term and renewal conditions.

Issuing Authority Contact Details

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• Name: Department of Patents, Designs & Trademarks (DPDT)
• Address: Ministry of Industries, 91 Motijheel C/A, Dhaka-1000, Bangladesh.
• Email: [email protected]
• Website: www.dpdt.gov.bd

For assistance with Geographical Indication registration or other intellectual property matters in Bangladesh, please reach out to:

• Osman Goni
  • Phone: +8801715569498
  • Email: [email protected]
• Faizul Islam
  • Phone: +8801751230943
  • Email: [email protected]